CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA - 800001

FINAL DRAFT SUBMITTED FOR THE FULLFILMENT OF THE SUBJECT TITLED-

SOCIOLOGY

“SCHOOLING IN BIHAR: CONTRIBUTION OF PRIVATE SECTOR”

SUBMITTED TO –
Dr. Sangeet Kumar,
Assistant Professor of Sociology.

SUBMITTED BY-
Duttatrey Sanat
B.A., LL.B(Hons.)
Roll No:1727
Semester: 2ND

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 CONTENTS
1. ACKNOWLEDGEMENT
2. DECLARATION BY THE STUDENT
3. INTRODUCTION
 AIMS AND OBJECTIVES
 HYPOTHESIS
 RESEARCH QUESTIONS
 LIMITATIONS
 REVIEW OF LITERATURE
 RESEARCH METHODOLOGY
 SOURCES OF DATA
 METHOD OF DATA COLLECTION
 TOOLS OF DATA COLLECTION
 PILOT SURVEY
 SAMPLEING TECHNIQUE
 MODE OF CITATION

4. HISTORICAL BACKGROUND
5. PRESENT SCENARIO
6. CASE LAWS
7. FIELD WORK AND DATA ANALYSIS
8. CONCLUSION
BIBLIOGRAPHY

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DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.A. LL.B (Hons.) Project Report entitled
“Schooling in Bihar: Contribution of private sector” submitted at Chanakya National Law
University is an authentic record of my work carried out under the supervision of Dr. Sangeet
Kumar. I have not submitted this work elsewhere for any other degree or diploma. I am fully
responsible for the contents of my Project Report.

SIGNATURE OF CANDIDATE

NAME OF CANDIDATE: DUTTATREY SANAT

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

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ACKNOWLEDGEMENT

I take this opportunity to express my profound gratitude and deep regards to my professor Dr.
Sangeet Kumar for his exemplary guidance, monitoring and constant encouragement
throughout the completion of this project topic. The blessing, help and guidance given by him
time to time shall carry me a long way in the journey of life on which we are about to embark.
Also, the guideline provided by him to stick to the deadline was also encouraging.

I have taken efforts in this project. However, it would not have been possible without the kind
support and help of many individuals, I would like to extend my sincere thanks to all of them
in developing the project, people who have willingly helped me out with their abilities and co-
operated me through the interview process.

Lastly, I thank almighty, my parents, brother, sister and friends for their constant
encouragement without which this assignment would not be possible.

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AIMS AND OBJECTIVES:
 The researcher tends to discuss about the RTE norms.
 The researcher tends to discuss about the RTE guideline that are followed by the
private schools.
 The researcher aims to know the view of parents on the private schools.

HYPOTHESIS:
 The researcher presumes that
o the private schools play a vital role in providing education to the society.
o the private schools are following the guidelines of the RTE.

RESEARCH QUESTIONS

The researcher intends to answer the following questions:

1. what are the guidelines of RTE for private school?

2.
3.
4.

LIMITATION

Owing to the large number of topics that could be included in the project, the scope of this
research paper is exceedingly vast. However, in the interest of brevity, this paper has been
limited to the topics concerned with the socio-political scenario and economic scenario. Less
importance has been given to the cultural aspects.The researcher had great time limitations and
money limitations while making of this project. Apart from that the researcher could contact
only 5 people through interviews awhile doing Non- Doctrinal Mode of research.

RESEARCH METHODOLOGY

To complete the project the researcher will be

a) relying upon the doctrinal as well as non-doctrinal mode of research.

b) collecting qualitative as well as quantitative during the research.

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METHOD OF DATA COLLECTING
The researcher collected
1. The doctrinal data from the internet sources, from newspaper and articles
through library research.
2. The non-doctrinal data through observation, interviews and case study of
people interviewed, their instances and stories.

TOOLS OF DATA COLLECTION

1. Interview schedule
2. Observation guide: said and unsaid
3. Camera
4. Pen
5. Paper
6. Notepad
7. Videorecorder

SAMPLING TECHNIQUE

For the project the researcher has used the following technique.

1. Convenient sampling.
2. Purposing sampling.
3. Informed sampling.

MODE OF CITATION:

 The researcher has followed Bluebook Citation [19th edition].

PILOT SURVEY:

The researcher has successfully conducted a pilot survey on a small sample from the target
group before opting for the non-doctrinal mode of research or going for a field study and found
it very useful and helping in due course of research. In this the Researcher pre-tested his

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prepared set of questions to two people residing in his neighboring locality and took their
interview in a more informal way.

This pilot survey done by the researcher helped him a lot in pre-visualizing the whole process
and method by which the final survey should be conducted. The researcher was also able to
find out the loopholes and errors present in his questionnaire that should be corrected and filled
in order to make the questionnaire more effective and purposeful for the very purpose of the
research.

INTROUCTION
Education helps to increase people's awareness of opportunities and scope for advancement.
It also empowers them with the ability to seize them. Self-help is easier for an educated
person than one who is not educated. Education empowers an individual not just with the
knowledge of his/her rights but also the capacity to keep learning. Education has become
even more important because we live in a knowledge-based society driven by information
technology. An educated population can easily catch up and exploit the potential of the
emerging opportunities for progress and economic advancement in the globalised
environment. Most of our premier institutions of education have for long been backed/
funded by the government (State or Central) and they are all run as not-for-profit enterprises.

The entry of the private sector in education came about initially in the context of professional
courses such as engineering, dentistry, medicine, pharmacy, etc which were the limited
professional avenues for a long time. Private entrepreneurs realised that there was reasonable
supply of such interested students who could afford the cost of education. The cost of setting
up such institutions would be borne by a private entrepreneur or a corporate house but could
later be paid back through the fees. Sometimes, it also helped create a pool of talent that
could be absorbed by the company. Private educational enterprises, therefore, came with
social, industrial and economic pay-offs.

But private enterprise in education became even more important when the Indian economy
went through liberalisation and we realised the existence of professional opportunities in
fashion design, computers, media, jewellery design, travel and tourism, hotel management,
bioinformatics, private security, management, insurance, etc.

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There were some government -backed institutions to provide the necessary training but the
supply of students far exceeded the available seats. During the eighties and nineties private
institutions seriously considered entry into the educational fold to tap the huge demand for
newer courses and created an entirely new educational vista for Indian students.

Educational institutions funded by the government have been strictly not-for-profit while
private sector educational institutions are definitely not so.

Despite the higher cost of education at private institutions, there is enthusiasm among
potential students because traditional colleges and universities offering highly subsided
education are not always in a position for proactively updating facilities, infrastructure or
curricula.

They were able to offer limited seats and hence entry was highly competitive. Privately
funded or corporate funded educational institutions thus came to be viewed as a viable option
by students keen to get education in the desired field when they wanted it.

Economists have always been uncomfortable with the conflicting pulls between what''s good
for society and the profit motive of private enterprise.

The entry of private sector in education has been on the basis of a realistic recognition of the
needs and interests of the population. It has added new dimensions and alternatives for the
education-hungry population.

Private educational enterprises offer greater variety of educational choices that match the
greater variety of educational needs and interests inherent in a radically expanded and more
heterogeneous student population.

Not just variety but modernity in course content appeals to the students craving direct
relationship between the job market and formal education. Short-term, part-time, placement-
oriented courses are a niche opportunity successfully catered to by private institutions.

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Education holds the key to India’s growth and socio-economic development. This has
assumed greater importance over the last decade with India positioning itself as a knowledge
economy in a fast globalising world. An educated population not only drives economic
growth, but also has a positive impact on health and nutrition. Well-balanced education is
also essential in building a just and democratic society. Thus, it is indeed critical for India,
having a large young population and being low on human development indicators, to fast
track access to quality education. Realising the economic benefits of education, the political
leadership set up several higher education institutions of excellence, like the Indian Institute
of Technology (IIT), Indian Institute of Management (IIM), Indian Statistical Institute (ISI),
and Indian Institute of Science (IISc) immediately after independence. For several decades
the focus of central government policy was on higher education. School education, more
specifically village-school education, was not given importance during the momentous
nation-building period of the 1950s and the following decades. Although free and
compulsory education for all children up to the age of 14 years was in the Directive
Principles of State Policy in the Constitution, continued policy neglect was reflected in the
number of illiterates rising from 294 million in 1951 to 376 million in 1971.1 In 1976,
education was transferred from the state to the concurrent list in the Constitution, making it
the explicit responsibility of both central and state governments. But it was only in the 1980s
that the political leadership saw the criticality of education in building 21st-century India.
The New Policy on Education (NPE), which was introduced in 1986, and the National
Curriculum Framework (NCF) ushered in education reforms and new institutions. The eff
orts were intensified in the 1990s through various schemes to improve school enrolment,
reduce gender and other inequities as also dropout rates. In 1993, the Supreme Court
recognised that the right to education was a fundamental right as it was an inherent part of the
right to life. The central government initiated the Sarva Shiksha Abhiyan (SSA) in 2000, the
most prominent centrally-sponsored scheme aimed towards enrolment of all children in
school, bringing out-of-school children to school, retention of children at upper-primary
level, and enhancement in learning achievement of students. Several other programmes
outside the ambit of the Ministry of Human Resource Development (MHRD), including the
Mid-day Meal Scheme (MDM) and pre-primary education under Integrated Child
Development Services (ICDS), were introduced to support child education. Taking
cognisance of the Supreme Court declaration, the Constitution was amended in 2002 to

9
provide for elementary education as a right of every child in the age group of 6–14 years. The
fundamental right to education, enshrined in the Constitution, was followed by the Right of
Children to Free and Compulsory Education (RTE) Act, 2009, which came into effect from 1
April 2010. The SSA norms were changed to align with the RTE Act, and SSA was made the
primary implementation vehicle. Presently, about 74 per cent of the country’s population
above 7 years of age is literate (i.e., able to both read and write) — a considerable
improvement from 18 per cent in 1951 2(see Chapters 1 and 3). There has been significant
progress in enrolment of students at the elementary level with nearly universal enrolment, but
it drops sharply at higher levels. The Gross Enrolment Ratio (GER) at elementary level is 119
per cent, at secondary level 63 per cent, higher secondary level 36 per cent, and in higher
education 15 per cent.3

REVIEW OF LITERATURE

The researcher has used the primary and secondary sources available on the internet.

PRIVATE SECTOR IN EDUCATION: AN OVERVIEW BY SAMBIT BASU4

THE PRIVATE SCHOOLING PHENOMENON IN INDIA: A REVIEW BY GEETA
GANDHI KINGDON5
IMPLEMENTING RIGHT TO EDUCATION: ISSUES AND CHALLENGES BY OJHA
SEEMA S.6
ROLE OF THE PRIVATE SECTOR IN EDUCATION BY JAYANTI GHOSE7
THE PRIVATE SCHOOL REVOLUTION IN INDIA BY DAN MITCHELL8
POLICY REVIEW: RTE ACT AND PRIVATE SCHOOLS BY DR PAULINE DIXON9

This paper outlines an alternative strategy for the regulation of private unaided schools,
allowing them to continue to make a significant contribution to “Education for All”. The
paper is set out as follows. First, the research findings concerning private unaided
unrecognised schools in India are reviewed. Secondly, the recognition norms as set out in the

2
3
4
5
6
7
8
9

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RTE and the ‘Model Rules Under the Right of Children to Free and Compulsory Education
Act’ 2009 are specified. And finally alternative systems of regulation from both developing
and developed countries are considered in order to provide examples of forms of regulation
that could now be adopted and adapted for the private school’s market in India.

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HISTORICAL BACKGROUND
In ancient times, India had the Gurukula system of education in which anyone who wished to
study went to a teacher's (Guru) house and requested to be taught. If accepted as a student by
the guru, he would then stay at the guru's place and help in all activities at home. This not
only created a strong tie between the teacher and the student, but also taught the student
everything about running a house. The guru taught everything the child wanted to learn, from
Sanskrit to the holy scriptures and from Mathematics to Metaphysics. The student stayed as
long as she wished or until the guru felt that he had taught everything he could teach. All
learning was closely linked to nature and to life, and not confined to memorizing some
information.

The modern school system was brought to India, including the English language, originally
by Lord Thomas Babington Macaulay in the 1830s. The curriculum was confined to
“modern” subjects such as science and mathematics, and subjects like metaphysics and
philosophy were considered unnecessary. Teaching was confined to classrooms and the link
with nature was broken, as also the close relationship between the teacher and the student.

The Uttar Pradesh (a state in India) Board of High School and Intermediate Education was
the first Board set up in India in the year 1921 with jurisdiction over Rajputana, Central India
and Gwalior. In 1929, the Board of High School and Intermediate Education, Rajputana, was
established. Later, boards were established in some of the states. But eventually, in 1952, the
constitution of the board was amended and it was renamed Central Board of Secondary
Education (CBSE). All schools in Delhi and some other regions came under the Board. It was
the function of the Board to decide on things like curriculum, textbooks and examination
system for all schools affiliated to it. Today there are thousands of schools affiliated to the
Board, both within India and in many other countries from Afghanistan to Zimbabwe.

Universal and compulsory education for all children in the age group of 6-14 was a cherished
dream of the new government of the Republic of India. This is evident from the fact that it is
incorporated as a directive policy in article 45 of the constitution. But this objective remains
far away even more than half a century later. However, in the recent past, the government
appears to have taken a serious note of this lapse and has made primary education a
Fundamental Right of every Indian citizen. The pressures of economic growth and the acute
scarcity of skilled and trained manpower must certainly have played a role to make the

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government take such a step. The expenditure by the Government of India on school
education in recent years comes to around 3% of the GDP, which is recognized to be very
low.

“In recent times, several major announcements were made for developing the poor state of
affairs in education sector in India, the most notable ones being the National Common
Minimum Programme (NCMP) of the United Progressive Alliance (UPA) government. The
announcements are; (a) To progressively increase expenditure on education to around 6
percent of GDP. (b) To support this increase in expenditure on education, and to increase the
quality of education, there would be an imposition of an education cess over all central
government taxes. (c) To ensure that no one is denied of education due to economic
backwardness and poverty. (d) To make right to education a fundamental right for all
children in the age group 6–14 years. (e) To universalize education through its flagship
programmes such as Sarva Siksha Abhiyan and Mid Day Meal.” Wikipedia: Education in
India.

The School System

India is divided into 28 states and 7 so-called “Union Territories”. The states have their own
elected governments while the Union Territories are ruled directly by the Government of
India, with the President of India appointing an administrator for each Union Territory. As
per the constitution of India, school education was originally a state subject —that is, the
states had complete authority on deciding policies and implementing them. The role of the
Government of India (GoI) was limited to coordination and deciding on the standards of
higher education. This was changed with a constitutional amendment in 1976 so that
education now comes in the so-called concurrent list. That is, school education policies and
programmes are suggested at the national level by the GoI though the state governments have
a lot of freedom in implementing programmes. Policies are announced at the national level
periodically. The Central Advisory Board of Education (CABE), set up in 1935, continues to
play a lead role in the evolution and monitoring of educational policies and programmes.

There is a national organization that plays a key role in developing policies and programmes,
called the National Council for Educational Research and Training (NCERT) that prepares a
National Curriculum Framework. Each state has its counterpart called the State Council for
Educational Research and Training (SCERT). These are the bodies that essentially propose

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educational strategies, curricula, pedagogical schemes and evaluation methodologies to the
states' departments of education. The SCERTs generally follow guidelines established by the
NCERT. But the states have considerable freedom in implementing the education system.

The National Policy on Education, 1986 and the Programme of Action (POA) 1992
envisaged free and compulsory education of satisfactory quality for all children below 14
years before the 21st Century. The government committed to earmark 6% of the Gross
Domestic Product (GDP) for education, half of which would be spent on primary education.
The expenditure on Education as a percentage of GDP also rose from 0.7 per cent in 1951-52
to about 3.6 per cent in 1997-98.

The school system in India has four levels: lower primary (age 6 to 10), upper primary (11
and 12), high (13 to 15) and higher secondary (17 and 18). The lower primary school is
divided into five “standards”, upper primary school into two, high school into three and
higher secondary into two. Students have to learn a common curriculum largely (except for
regional changes in mother tongue) till the end of high school. There is some amount of
specialization possible at the higher secondary level. Students throughout the country have to
learn three languages (namely, English, Hindi and their mother tongue) except in regions
where Hindi is the mother tongue and in some streams as discussed below.

There are mainly three streams in school education in India. Two of these are coordinated at
the national level, of which one is under the Central Board of Secondary Education (CBSE)
and was originally meant for children of central government employees who are periodically
transferred and may have to move to any place in the country. A number of “central schools”
(named Kendriya Vidyalayas) have been established for the purpose in all main urban areas
in the country, and they follow a common schedule so that a student going from one school to
another on a particular day will hardly see any difference in what is being taught. One subject
(Social Studies, consisting of History, Geography and Civics) is always taught in Hindi, and
other subjects in English, in these schools. Kendriya Vidyalayas admit other children also if
seats are available. All of them follow textbooks written and published by the NCERT. In
addition to these government-run schools, a number of private schools in the country follow
the CBSE syllabus though they may use different text books and follow different teaching
schedules. They have a certain amount of freedom in what they teach in lower classes. The
CBSE also has 141 affiliated schools in 21 other countries mainly catering to the needs of the
Indian population there.

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The second central scheme is the Indian Certificate of Secondary Education (ICSE). It seems
that this was started as a replacement for the Cambridge School Certificate. The idea was
mooted in a conference held in 1952 under the Chairmanship of Maulana Abul Kalam Azad,
the then Minister for Education. The main purpose of the conference was to consider the
replacement of the overseas Cambridge School Certificate Examination by an All India
Examination. In October 1956 at the meeting of the Inter-State Board for Anglo-Indian
Education, a proposal was adopted for the setting up of an Indian Council to administer the
University of Cambridge, Local Examinations Syndicate's Examination in India and to advise
the Syndicate on the best way to adapt its examination to the needs of the country. The
inaugural meeting of the Council was held on 3rd November, 1958. In December 1967, the
Council was registered as a Society under the Societies Registration Act, 1860. The Council
was listed in the Delhi School Education Act 1973, as a body conducting public
examinations. Now a large number of schools across the country are affiliated to this Council.
All these are private schools and generally cater to children from wealthy families.

Both the CBSE and the ICSE council conduct their own examinations in schools across the
country that are affiliated to them at the end of 10 years of schooling (after high school) and
again at the end of 12 years (after higher secondary). Admission to the 11th class is normally
based on the performance in this all-India examination. Since this puts a lot of pressure on the
child to perform well, there have been suggestions to remove the examination at the end of 10
years.

Exclusive Schools

In addition to the above, there are a relatively small number of schools that follow foreign
curricula such as the so-called Senior Cambridge, though this was largely superseded by the
ICSE stream elsewhere. Some of these schools also offer the students the opportunity to sit
for the ICSE examinations. These are usually very expensive residential schools where some
of the Indians working abroad send their children. They normally have fabulous
infrastructure, low student-teacher ratio and very few students. Many of them have teachers
from abroad. There are also other exclusive schools such as the Doon School in Dehradun
that take in a small number of students and charge exorbitant fees.

Apart from all of these, there are a handful of schools around the country, such as the Rishi
Valley school in Andhra Pradesh, that try to break away from the normal education system

15
that promotes rote learning and implement innovative systems such as the Montessori
method. Most such schools are expensive, have high teacher-student ratios and provide a
learning environment in which each child can learn at his/her own pace. It would be
interesting and instructive to do a study on what impact the kind of school has had on the life
of their alumni.

State Schools

Each state in the country has its own Department of Education that runs its own school
system with its own textbooks and evaluation system. As mentioned earlier, the curriculum,
pedagogy and evaluation method are largely decided by the SCERT in the state, following
the national guidelines prescribed by the NCERT.

Each state has three kinds of schools that follow the state curriculum. The government runs
its own schools in land and buildings owned by the government and paying the staff from its
own resources. These are generally known as government schools. The fees are quite low in
such schools. Then there are privately owned schools with their own land and buildings. Here
the fees are high and the teachers are paid by the management. Such schools mostly cater to
the urban middle class families. The third kind consists of schools that are provided grant-in-
aid by the government, though the school was started by a private agency in their own land
and buildings. The grant-in-aid is meant to help reduce the fees and make it possible for poor
families to send their children. In some states like Kerala, these schools are very similar to
government schools since the teachers are paid by the government and the fees are the same
as in government schools

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PRESENT SCENARIO
“Education is the manifestation of perfection, already present in man”- Swami
Vivekananda

I. Present education system and its consequences

As we know, the word ‘education’ comes from the word ‘educere’ which means to bring
about what is already in. The purpose of school education is to guide the children to discover
themselves by identifying and nurturing their potential to a full extent. A teacher is a person
who builds the future of a student by planting the seeds of knowledge. There is an old
Chinese saying, “Give a seed to a potter and you shall have a bonsai.” A parent or teacher
must act as gardeners and not as potters. It is important that education system should be based
on application and intelligence instead of trying to test memory or knowledge. Our present
education system lacks practicality and its relevance. A recent article on education denotes
that present education is based on below three facts:

• Quality of Education: In terms of infrastructure, teachers, accreditation, etc.

• Affordability of Education: Ensuring poor and deserving students are not denied education.

• Ethics in Education: Avoiding over-commercialization of education system

The importance of education is to empower an individual to succeed in the future. Success

may be calculated in terms of monetary and respect at work. It is the duty of the educationists
to support the real facts of life by connecting classroom lectures with real-life experiences.
The present education system should include personality development lessons, moral and
ethical teaching. The education system should be beyond the religion, region and language.
Our children would grow up to be sensible, sensitive and responsible global citizens.

Today, India has become a favorite global education destination, sharing platforms with the
USA, UK, Australia, Canada, Germany and France. It is not only attracting Indian students
but also students from china, Canada, South Africa and other countries to pursue their higher
education.

II. Different phases of Indian education system

Indian education system in India can be divided into many phases. They are as below:

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• Pre-Primary: Pre primary education system involves children of 3-5 years of age studying in
nursery, lower kindergarten and upper kindergarten. At this stage students are taught the
concepts of school life, reading and writing some basic words.

• Primary: Primary education system includes the age group of children of 6-11 years
studying in first to fifth class.

• Middle: Middle education system consists of children studying in classes from sixth to
eighth.

• Secondary: Secondary education system includes students studying in classes ninth and
tenth.

• Higher Secondary: Higher education system Includes students studying in eleventh and
twelfth classes.

• Undergraduate: Undergraduates are those students who completed their higher education in
college.

• Postgraduate: After completing graduation a student may opt for post graduation to further
add to his qualifications.

III. School children and pressure on them

Now a day, schools put kids under a lot of pressure. School children always carry a huge bag
of books along with them. Whether it is class 1 or class 10 there is a huge burden of
notebooks. Every parent expects to see their children in the first position. Children also
compete in this competitive environment and try to score higher and higher. It should
increase the spirit among the children, but it is creating side effects in a different way by
imposing a lot of pressure on them.

Childhood is the time to explore new things and nurture the things around them. Today’s
children became so busy that they forgot recreational things in life like playing, reading other
journals and books. Even schools put a lot of pressure on students instead of encouraging
them to participate in other activities. This results in not having exposure to outside world as
they always spend their childhood in examinations, doing assignments, homework and
preparing for examinations.

In other countries students need not carry their school bags daily. They have to carry only
homework books while remaining things can be kept at school. But the situation in India is

18
different as we cannot find this locker system in many schools due to unavailability of
resources. In recent times, it is observed that most of the schools are assigning summer
assignments to their students to keep them busy in the vacation also. Due to unavoidable
pressure most of the students are ending their lives or getting habituated to drugs and other
bad habits.

Introducing innovative learning methods which reduce the pressure on children is the need of
hour. Children should go to school to enjoy their childhood and to learn new things in life.
But they should not feel overburdened or pressurized. Some initiatives should be taken to
encourage children and to make them a source of growth in India. All these helpful to
eradicate unemployment in India and develop skill full students.

IV. Drawbacks of present education system

• Present education in India focuses more on scores rather than knowledge

• This system has 90% theoretical subjects

• The students are not allowed to experiment on their own

• In the end, students are coming out of schools and colleges with bookish knowledge alone
as the method of learning doesn’t connect to reality

• An increased pressure on students due to much competitive spirit among the private
institutions

• Many schools are not concentrating on extracurricular activities like sports, games and
others. It is creating a false impression in children that education is the only important part in
life.

The best thing about education system in India is that it prepares the foundation of a child’s
education very neatly by giving equal importance to the basics of all subjects in the early
stages of education.

At present, higher education sector witnesses spending of over Rs 46,200 crore (US$ 6.93
billion), and it is expected to grow at an average annual rate of over 18 per cent to reach Rs
232,500 crore (US$ 34.87 billion) in next 10 years.

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The Budget has pegged an outlay of Rs 79,685.95 crore (US$ 11.952 billion) for the
education sector for financial year 2017-18, up from Rs 72,394 crore (US$ 10.859 billion) in
2016-17—a 9.9 per cent rise.

The present education system has changed what it was a decade or a couple of decades ago;
here are a few highlights of the present education system:

1.Technology:

The invasion of technology in life as well as in education system has changed the face of
education system in India.

Now the kids as young as 3-4 years-old run the iPads, smartphones, gadgets and computers
smoothly, because with time the brain too has started adapting the technological changes,
which has taken place.

The different technologies introduced in learning such as use of internet connections,

interaction with teachers, students across globe has become easy. The world has shrunken
with the help of internet connection, which lacked in early years.

2.Unlimited options:

Earlier the career options were limited, now the kids have a vast field ahead of them to
explore in any subject they feel like.

Also the difference is appreciated and success does kiss the steps of those who really work
hard and pour honesty and dedication in their work.

So in the current scenario, the sea of opportunities has opened the arms to embrace the ones,
who are able to identify their talents.

3.Cost of education:

The cost of education has definitely increased to multiple levels as compared to the early
years, be it government schools or private schools, money is being flown endlessly for the
betterment of students.

Moreover parents are even willingly investing in the education of their children to enjoy the
profit in later life luxuriously. If this is to be put simply, it means that people have realised
that ‘Education is the best investment.’

4.Introduction of international private schools:

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The introduction of international schools in private sector has brought with it a significant
change in the education system.

It has worked as the doorway to the outer world and preparing students to compete with
international students on an international platform.

Being in international schools give them the relevant exposure and required confidence to
represent them on an international platform.

As Plato said, ‘Do not train a child to learn by force or harshness; but direct them to it by
what amuses their minds, so that you may be better able to discover with accuracy the
peculiar bent of the genius of each.’

The education system in India has seen many ups and downs, but at the same time it has
produced some brilliant gems, who are raising the flags of India across globe.

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 CASE LAWS
The Right of Children to Free and Compulsory Education Act or Right to Education Act
(RTE), is an Act of the Parliament of India enacted on 4 August 2009, which describes the
modalities of the importance of free and compulsory education for children between 6 and 14
in India under Article 21a of the Indian Constitution. India became one of 135 countries to
make education a fundamental right of every child when the Act came into force on 1 April
2010.

The Act makes education a fundamental right of every child between the ages of 6 and 14
and specifies minimum norms in elementary schools. It requires all private schools to reserve
25% of seats to children (to be reimbursed by the state as part of the public-private
partnership plan). Kids are admitted in to private schools based on economic status or caste
based reservations. It also prohibits all unrecognized schools from practice, and makes
provisions for no donation or capitation fees and no interview of the child or parent for
admission. The Act also provides that no child shall be held back, expelled, or required to
pass a board examination until the completion of elementary education. There is also a
provision for special training of school drop-outs to bring them up to par with students of the
same age.

The below mentioned cases are few important cases in eyes of EB which should be studied
by the delegates to understand the Right to Education Act, 2009. It is encouraged that
delegates should study these cases in detail. Some important points from each case have been
provided along with case citation and case name.

1. Vikas Sankhala v. Vikas Kumar Agarwal, (2017) 1 SCC 35010

The Statement of Objects and Reasons of the Right of Children to Free and Compulsory
Education Act, 2009 (hereinafter referred to as “the RTE Act”) recognizes one of the most

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 profound underlying principles contained in the Constitution viz. the crucial role of universal
elementary education for strengthening the social fabric of democracy through provision of
equal opportunities to all has been accepted, since inception of our Republic. Other, and
equally significant principle that it recognizes, is that, in order to ensure equal opportunities
to all citizens, it is necessary that elementary education is provided to one and all. Keeping in
view this spirit, obligation was imposed upon the State, as per Article 41, read with Article
45, of the Constitution to make effective provisions for securing the right to education,
among other. Thus, it is one of the directive principles of State policy enumerated in the
Constitution that the State shall provide free and compulsory education to all children.

Having regard to the aforesaid harsh realities, Parliament enacted the RTE Act with the
following objects in mind:

“(a) that every child has a right to be provided full time elementary education
of satisfactory and equitable quality in a formal school which satisfies certain essential
norms and standards;
(b) ‘Compulsory education’ casts an obligation on the appropriate Government to provide
and ensure admission, attendance and completion of elementary education;
(c) ‘free education’ means that no child, other than a child who has been admitted by his or
her parents to a school which is not supported by the appropriate Government, shall be liable
to pay any kind of fee or charges or expenses which may prevent him or her from pursuing
and completing elementary education;
(d) The duties and responsibilities of the appropriate Government, local authorities, parents,
schools and teachers in providing free and compulsory education; and
(e) A system for protection of the right of children and a decentralized grievance redressal
mechanism.”

2. Pramati Educational & Cultural Trust v. Union of India, (2014) 8 SCC 111

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 It is submitted that constitutional dispensation arising out of Article 21-A of the Constitution
read with other fundamental rights mandates the State

 to provide free and compulsory education to all children aged 6-14 years,
 With an option to co-opt the private schools on conditions of autonomy, voluntariness and
fairness in the least invasive manner.

Article 21-A is placed after Article 21. Right to education is read into Article 21 by this
Hon’ble Court in Unni Krishnan and reaffirmed by T.M.A. Pai. On a plain reading, Article
21-A puts the obligation and the responsibility on the State to provide free education, Article
15(5) does not provide for the matter pertaining to the responsibility of payment of fee or the
responsibility to incur cost for education. If Article 15(5) is read to empower the State to
legislate passing the burden of contributing for the fee for socially and educationally
backward classes or for the Scheduled Caste and Scheduled Tribe students, which it is
submitted is obviously not enabled or permitted by Article 15(5), the same would also be in
conflict with Article 21-A. If the educational institution is held under Article 15(5) or under
Article 21-A, liable to bear the burden of part of the fees, it is submitted that it would amount
to levying a tax inasmuch as, this would result into extraction of money from private
individual (private unaided institution). Furthermore, in view of the law laid down in T.M.A.
Pai, an educational institution is not entitled to profiteer, which would only mean that the
contribution from the other students will have to be increased to sustain the
deficiency/shortfall for accommodating reservation under Article 15(5), which it is submitted
would not be permissible.

3. State of Karnataka v. Associated Management of English Medium Primary &

Secondary Schools, (2014) 9 SCC 485

Article 21 of the Constitution provides that no person shall be deprived of his life or personal
liberty except according to procedure established by law. In Unni Krishnan, J.P. v. State of
A.P a Constitution Bench of this Court has held that under Article 21 of the Constitution
every child/citizen of this country has a right to free education until he completes the age of
14 years. Article 21-A of the Constitution provides that the State shall provide free and
compulsory education to all children of the age of six to fourteen years in such manner as the

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 State may, by law, determine. Under Articles 21 and 21-A of the Constitution, therefore, a
child has a fundamental right to claim from the State free education up to the age of 14 years.
The language of Article 21-A of the Constitution further makes it clear that such free
education which a child can claim from the State will be in a manner as the State may, by
law, determine. If, therefore, the State determines by law that in schools where free education
is provided under Article 21-A of the Constitution, the medium of instruction would be in the
mother tongue or in any language, the child cannot claim as of right under Article 21 or
Article 21-A of the Constitution that he has a right to choose the medium of instruction in
which the education should be imparted to him by the State. The High Court, in our
considered opinion, was not right in coming to the conclusion that the right to choose a
medium of instruction is implicit in the right to education under Articles 21 and 21-A of the
Constitution.

4. National Legal Services Authority v. Union of India, (2014) 5 SCC 43812

Further, there seems to be no reason why a transgender must be denied of basic human rights
which includes right to life and liberty with dignity, right to privacy and freedom of
expression, right to education and empowerment, right against violence, right against
exploitation and right against discrimination. The Constitution has fulfilled its duty of
providing rights to transgenders. Now it is time for us to recognize this and to extend and
interpret the Constitution in such a manner to ensure a dignified life for transgender people.
All this can be achieved if the beginning is made with the recognition of TG as third gender.

5. Maharishi Mahesh Yogi Vedic Vishwavidyalaya v. State of M.P., (2013) 15 SCC 67713

Article 26 of the Universal Declaration of Human Rights declares:

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Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible
to all on the basis of merit.”
The same concept has been repeated in the UN Declaration of the Rights of the Child, which
seeks to ensure:

“Right to free and compulsory education at least in the elementary stages and education to
promote general culture, abilities, judgment and sense of responsibility to become a useful
member of society and opportunity to recreation, and play to attain the same purpose as of
education.”

The role of international organizations regarding the implementation of the right to education
is just not limited to the preparation of documents and conducting conferences and
conventions, but it also undertakes the operational programs assuring, access to education of
refugees, migrants, minorities, indigenous people, women and the handicaps. India
participated in the drafting of the Declaration and has ratified the covenant. Hence, India is
under an obligation to implement such provisions. As a corollary from the human rights
perspective, constitutional rights in regard to education are to be automatically ensured.

Having briefly analyzed the International Conventions, we would like to refer to the
provisions in our own Constitution, which provides for the significance and need for
education. The Founding Fathers of the nation, recognizing the importance and significance
of the right to education, made it a constitutional goal, and placed it under Chapter IV
Directive Principles of State Policy of the Constitution of India. Article 45 of the Constitution
requires the State to make provisions within 10 years for “free and compulsory education” for
all children until they complete the age of 14 years.

We are of the considered opinion that only such an interpretation to the unamended Section
4(i) would be the only way of interpretation that can be accorded to the said provision. Once,
we steer clear of the interpretation of the said provision in the above said manner, we find
that the amendment, which was introduced by Act 5 of 2000, was clearly intended to
purposely do away with its original intendment and thereby, restrict the scope of activities of
the appellant University to the learning of the Vedas and its practices and nothing else. The

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restriction so created by introducing the amendment was self-destructive and thereby, the
original object and purpose of establishing the appellant University was done away with. In
this context, the framing of Ordinance 15, which provided for the study of various courses in
the Appellant University was consciously approved by the State Government without any
inhibition. A perusal of the course contents in the Ordinance discloses that there were as
many as 49 courses connected with Vedic learning and practices and about 33 courses on
other subjects. By introducing the amendment under Act 5 of 2000 and thereby, insisting that
imparting of education in the appellant University can be restricted only to Vedic learning
and that the science and technology should also be only for the purpose of learning the Vedas
and its practices, will have to be stated unhesitatingly as creating a formidable restriction on
the right to education, which is a guaranteed constitutional right and thereby, clearly violating
Articles 14 and 21 of the Constitution. Equally, the addition of the expression “in the above
fields and in these fields may …” while deleting the expression “dissemination of
knowledge”, in our considered opinion, drastically interfered with the right to education
sought to be advanced by the University by its creation originally under the 1995 Act, which
restriction now sought to be imposed can never be held to be a reasonable restriction, nor can
it be held to have any rationale, while creating such a restriction by way of an amendment to
Section 4(i).
Having regard to our fundamental approach to the issue raised in this appeal and our
conclusion as stated above, we are convinced that the arguments based on the legislative
competence also pales into insignificance. Even without addressing the said question, we
have inasmuch found that by virtue of the amendment introduced to Section 4(i), an embargo
has been clearly created in one’s right to seek for education, which is a constitutionally
protected fundamental right. Therefore, there was a clear violation of Articles 14 and 21 of
the Constitution and consequently, such a provision by way of an amendment cannot stand
the scrutiny of the Court of Law. To support our conclusion, we wish to refer to the following
decisions rendered by this Court, right from Mohini Jain caseviz.
(i) Society for Unaided Private Schools of Rajasthan v. Union of India
(ii) Bhartiya Seva Samaj Trust v. Yogeshbhai Ambalal Patel
(iii) State of T.N. v. K. Shyam Sunder
(iv) Satimbla Sharma v. St. Paul’s Senior Secondary School, and
(v) Ashoka Kumar Thakur v. Union of India,
Wherein, this Court has consistently held that right to education is a fundamental right.

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6. Unni Krishnan, J.P. v. State of A.P., (1993) 1 SCC 64514

On the first question, the Bench held, on a consideration of Articles 21, 38, 39(a) and (f), 41
and 45 of the Constitution:
(a) “The framers of the Constitution made it obligatory for the State to provide education for
its citizens”
(b) The objectives set forth in the preamble to the Constitution cannot be achieved unless
education is provided to the citizens of this country;
(c) The preamble also assures dignity of the individual. Without education, dignity of the
individual cannot be assured;
(d) Parts III and IV of the Constitution are supplementary to each other. Unless the ‘right to
education’ mentioned in Article 41 is made a reality, the fundamental rights in Part III will
remain beyond the reach of the illiterate majority;
(e) Article 21 has been interpreted by this Court to include the right to live with human
dignity and all that goes along with it. ‘The “right to education” flows directly from right to
life.’ In other words, ‘right to education’ is concomitant to the fundamental rights enshrined
in Part III of the Constitution. The State is under a constitutional mandate to provide
educational institutions at all levels for the benefit of citizens. The benefit of education
cannot be confined to richer classes.
(f) Capitation fee is nothing but a consideration for admission. The concept of ‘teaching
shops’ is alien to our constitutional scheme. Education in India has never been a commodity
for sale.
(g) “We hold that every citizen has a ‘right to education’ under the Constitution. The State is
under an obligation to establish educational institutions to enable the citizens to enjoy the said
right. The State may discharge its obligation through State-owned or State-recognized
educational institutions. When the State Government grants recognition to the private
educational institutions it creates an agency to fulfill its obligation under the Constitution.
The students are given admission to the educational institutions — whether State-owned or
State-recognized — in recognition of their ‘right to education’ under the Constitution.

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 Charging capitation fee in consideration of admission to educational institutions, is a patent
denial of a citizen’s right to education under the Constitution.”

7. Mohini Jain (Miss) v. State of Karnataka, (1992) 3 SCC 66615

Right to life” is the compendious expression for all those rights which the courts must
enforce because they are basic to the dignified enjoyment of life. It extends to the full range
of conduct which the individual is free to pursue. The right to education flows directly from
right to life. The right to life under Article 21 and the dignity of an individual cannot be
assured unless it is accompanied by the right to education. The State Government is under an
obligation to make endeavor to provide educational facilities at all levels to its citizens.

The fundamental rights guaranteed under Part III of the Constitution of India including the
right to freedom of speech and expression and other rights under Article 19 cannot be
appreciated and fully enjoyed unless a citizen is educated and is conscious of his
individualistic dignity.

The “right to education”, therefore, is concomitant to the fundamental rights enshrined under
Part III of the Constitution. The State is under a constitutional mandate to provide educational
institutions at all levels for the benefit of the citizens.

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FIELD WORK AND DATA ANALYSIS
The researcher interviewed five people who were associated with local private school. Two
of them were teachers and rest three were parents.

INTERVIEW SCHEDULE

These are the basic questions which the interviewer/researcher deals with while interacting to
the people.

 NAME
 AGE
 GENDER
 Occupation:
 Marital status
 Children?
 Which school do they study?
 Which school do you prefer Private or Government Schools?
 What facilities does the school provides?
 Are you satisfied with the fee structure?
 Are you satisfied with the teachers?
 Any suggestion for the schools?

INTERVIEW:
1st Person:
 NAME: Subhay Kumar
 AGE:45
 GENDER: male
 Occupation: School Teacher
 Marital status: Married
 Children: One daughter.
 Which school do they study?

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 A: 4th std. in St. Michael’s School.
 Which school do you prefer Private or Government Schools?
A: As a parent I prefer private schools but as an employee both the private and
government schools have their own benefits- The private schools may pay less but
there is certainty of payment while in government schools there none that you’ll
receive the payment in same month and this makes the situation really tricky.
 What facilities does the school provides?
A: Library, Playing Ground,
 Are you satisfied with the fee structure?
 Are you satisfied with the teachers?
 Any suggestion for the schools?

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CONCLUSION

Student must however define their career goals before committing to any institution/ course.
They must clarify issues like accreditation, defining content, delivery and duration.
They must look for a definite placement programme if they are looking for direct entry into
the workplace. They must accept that private institutions are there to fulfil their demands, but
outlining those demands and ensuring the right match is their responsibility.
Formal accreditation may not be a major concern for those contemplating self-employment
rather than regular employment. However, such individuals must find out whether the course
offers useful practical content and work-orientation

Schooling at the new private institutions offers a larger variety of curricula including British
and American educational systems and a wide range of personality development activities.
Parent and students must be the best judge of whether this matches their long-term objectives
or not. Private institutions are popular for providing alternate or non-conventional educational
avenues. To make it beneficial for yourself, be clear about your objectives and expectations
of pursuing such education.

Private sector involvement has undoubtedly helped to raise the general level and variety of
educational opportunities. It has helped many students to tap rapidly emerging and evolving
local as well as global career opportunities. There is the possibility of disturbing the
educational balance by focusing on high-end technologies or specific industry demands for
short-term gains. This would seriously inhibit possibilities of long-term success for private
institutes, so it is to be hoped that they would avoid this trap. There appears to be scope for
public-private partnership in education for more effective utilisation and management of
funds invested in premier government institutions and upgradation of technologies to deliver
newer programmes and improved quality of service. Government has enacted and
implemented the Act in the right spirit towards providing quality elementary education to all.

Most of the investigated schools are able to fulfill basic infrastructure except a few but with
regard to curriculum assessment, teachers training and other related issues they are lagging
far behind. The observation and findings from the interview and questionnaire show a wide
gap between what was expected and what has so far been done. The findings show that so far
there has been some progress only in terms of enrollment/basic infrastructure but towards
guaranteeing quality education in terms of student learning the state has to go a long way.
Further, from the findings of the study, it can be concluded that most of the parents are aware

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about the free education provided to the students of elementary schools. But, many of them
are not aware of the benefits provided to the children. Similarly students are also not aware of
their rights. Therefore, as per the findings parents and children should be made aware

about the benefits and provisions provided in the Act. There is a need to forge partnerships
among state, school functionaries, voluntary agencies, parents and other

stakeholders. Concerted efforts are required at all levels since isolated efforts do not bring the
desired results. Two years have already passed since the implementation of RTE Act in
Haryana but the study reveals still there is long road ahead before all stakeholders even
become aware of their rights let alone become able to exercise, and finally able to enforce
their rights. The potential of the RTE depends a great deal on the advocacy and mobilization
campaigns initiated by government, and the ability of parents and children to understand and
exercise their new role relationships as far as elementary education is concerned.

India’s government teachers earn more than not just their counterparts in private schools but
also in other countries, Gandhi’s analysis shows. Despite being paid at least four times the
salaries of teachers in China (in terms of multiples of their respective per capita incomes), the
performance of Indian teachers judged in terms of their students’ learning levels, has been
poor in the Programme for International Student Assessment (PISA) test in 2009, with India
ranking 73rd and China ranking 2nd, among 74 countries. PISA is a worldwide study by the
Organisation for Economic Co-operation and Development (OECD) in member and non-
member nations of 15-year-old school pupils’ scholastic performance on mathematics,
science, and reading. Up to 80% of India’s public expenditure on education is spent on
teachers–salaries, training and learning material, according to a six-state report. Teacher
salaries in of teachers in Uttar Pradesh are four to five times India’s per capita gross domestic
product (GDP) and more than 15 times the state’s, according to a 2013 analysis by Amartya
Sen and Jean Dreze. This is much higher than the salaries paid to teachers in OECD countries
and India’s neighbours.

“This suggests the need to link future teacher salary increases to the degree of teachers’
acceptance of greater accountability, rather than across-the board increases irrespective of
performance or accountability,” said Gandhi.

The reason private schools get away with paying their teachers less, argued Gandhi, is
because of the “bureaucratically-set high ‘minimum wage’, which may also be influenced by

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political pulls and pressures and be responsive to lobbying by strong government school
teacher unions”. Also, she added, the private education sector offers salaries based on market
factors of demand and supply–and given that there is a 10.5% graduate unemployment rate in
India, jobless graduates are willing to settle for low salaries in private schools.

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BIBLIOGRAPHY:
The researcher has used the following sources for completing the rough draft.

 IMPLEMENTING RIGHT TO EDUCATION: ISSUES AND CHALLENGES BY

OJHA SEEMA S..

 RIGHT TO EDUCATION: A CRITICAL APPRAISAL.

 POLICY REVIEW: RTE ACT AND PRIVATE SCHOOLS BY DR PAULINE DIXON.

 http://mhrd.gov.in/rte

 http://www.tribuneindia.com/news/comment/of-right-to-education-and-private-
schools/238347.html

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