Education in India is treated as a service for public good and not as a commercial enterprise. In view of this object, the State Education Acts require only a non-profit entity to run a school with certain restrictions and regulations concerning its operations. Even if the schools are private un-aided schools, they are, to a certain extent, governed by the State Education Acts of the respective States where the schools are set up.
For purposes of providing free and compulsory education and equal opportunity to all children of the ages of six to fourteen years, Indian Parliament has enacted the Right of Children to Free and Compulsory Education Act, 2009 and Rules thereto (“RTE Act and Rules”). In terms of the RTE Act and Rules, every school, other than a school established, owned or controlled by the Central Government, appropriate government or the local authority, shall be established after obtaining a certificate of recognition from the Director of Education (“DEO”), by making an application/self declaration confirming compliance with the prescribed norms and standards and fulfillment of the following conditions:
(i) the school shall be run by a society, or a public charitable trust;
(ii) the school shall not be run for profit to any individual, group or association of any individuals or any other persons;
(iii) the school shall conform to the values enshrined in the Constitution of India;
(iv) the school buildings or other structures or the grounds shall be used only for the purposes of education and skill development;
(v) the school shall be open to inspection by any officer authorized by the appropriate Government or the local authority; and
(vi) the school shall furnish such reports and such information as may be required from time to time and shall comply with such instructions of the appropriate Government or the local authority, as may be issued to secure the continued fulfillment of the condition of recognition or the removal of deficiencies in working of the school.
» Read more: Indian Education Series – Right to Education Act and Its Impact on K-12 Schools
