Education is a subject in the Concurrent List of the Constitution. Schools, other than those established, owned or controlled by the Central Government, are under the jurisdiction of the respective State Governments/UT Administrations. Therefore, matters related to the management of schools that are not established, owned or controlled by the Central Government are regulated in accordance with the rules and instructions of the respective State Government/UT administrations.

In view of the above, matters relating to fees charged by private schools, the rules/regulations for safeguarding the interests of students and their parents; and action against violating schools comes under the jurisdiction of the respective state governments/UT administrations. However, under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, every child aged six to fourteen has the right to free and compulsory elementary education in a neighborhood school. Section 12(1) (c) of the RTE Act, 2009 mandates reservation in private unaided schools for children belonging to weaker sections and disadvantaged groups to the extent of at least 25% seats at the entry level and provision of free and compulsory elementary education to such children till its completion. Also, Section 13 of the RTE Act, 2009 clearly prohibits the collection of any capitation fee.

Institutions deemed to be Universities are regulated by UGC (Institutions deemed to be Universities) Regulations, 2023. Regulation 24.B.(2) mandates that these institutions follow rules on fee structure and seat numbers set by relevant statutory bodies. As far as private colleges/universities are concerned, private universities are established by an Act of the concerned state legislature and are governed by the provisions of their respective Act and norms/rules/regulations made by the respective state govt., for the purpose including fee related matters. 

The Central Board of Secondary Education (CBSE) has established bye-laws that regulate various aspects of school administration, including fee structures for private schools affiliated with the Board. The bye-laws require express approval from the School Management Committee or adherence to the process prescribed by the appropriate government for any fee revision. Also, the CBSE has taken steps to prevent schools from exploiting parents through mandatory purchases. CBSE guidelines prohibit schools from compelling students to buy books, uniforms, or stationery from specific vendors. This aims to reduce the financial burden on parents and promote fair competition.

This information was given by the Minister of State for Education, Shri Jayant Chaudhary in a written reply in the Rajya Sabha today.

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