GOVER}IMENT OF ODISHA

SCHOOL & MASS EDUCATION DEPARTMENT

NOTIFICATION

No. 7]Sl /s&Mg., p1 X)-a^/]

sME-EL2-EL2-0090/20 I 4

Sub: Permission to open a school,

Sub-section (2) of Section 4 of the Odisha Education Act, 1969 stipulates

that the State Govemmcnt may "permit any person or body of persons, to establish
and maintain educational institutions and recognise such institutions when so
established in accordance with the provisions ofthis Act". Section 5 ofthe said Act
deals with permission for establishment of educational institutions. Rule 4 of the
Odisha Education (Establishment, Recognition and Management of P vate Upper
Primary Schools) Rules, l99l provide for seeking permission from competent
authority toestablish Upper Primary School. Director, Elementary Education,
Odisha has been authorised by the Govt. for issue of permission for opening of
Upper Primary Schools. However, no rule has been framed for providing opening
permission for establishment of Primary Schools. The Right of Chil&en to Frco &
Compulsory Education Acl,2009 stipulates thar no school can be established
without obtaining certificate ofrecognition from approp ate authority.
After due consideration, Gor4. has been pleased to issue the fotlowing
instructions on obtaining permission to open an Elementary school. This will be
applicabte to alt kinds of private elementary schools, irrespective of the medium of
instru ction.
The following criteria are required to be fulfilled to be eligible to get the
required opening permission.

L The School Authorities interested to open a school should be registered under the
Societies Registration Act, 1860 (Act 21 of I 860) or Indiar Trusts Act.
2. The proposed school should confirm to the values enshrined in the constitution.
3. There should be sufficient financial resources for providing all required
facilities to the sh-dents and teachers as per the OE Act, 1969 and the Right of
Children to Free and Compulsory Education Act, 2009.
4. The school authorities shall inform regarding the category ofschool i.e. primary
/ upper primary school to be opened and the medium of instruation in the school.
5. The school authorities shall inform regarding the academic year ftom which the
school will be opened.
6. The School autho ties shall intimate the location of the proposed school and
educational requirement ofthe neighbourhood for opening ofthe school.
7. The school authorities shall undertake to provide sufficient land situated in
sanitary and healthy surroundings, required no. of class rooms, toilets, ddnking
water facililies, ramps, play ground and other required infrastructure for conducting

P't.0
all educational activities of the school within three years of receipt of opening
permission.
8. The school authorities shall undertake to engage required no. oftrained teachers
and non-teaching staffin the school.

9. The school authorities shall undertake to follow all norms and standard as per
Sections 19 and 25 ofthe Right of Chil&en to Free and Compulsory Education Act,
2009.
10. The School Authorities will apply to concemed Distdct Education Officer for
opening permission online on or before 31'' August of the year immediately
preceding the academic year in whieh the school is proposed to be established in the
portal named as "Opening Permission to New Schools".
11. After receipt of application, the DEO will verif, personally or through the
authorized officers about the correctness of the fact mentioned in the application.
12. The educational need will be assessed taking into consideration of the
enrolment of existing Govt. and Aided schools situated in lhat locality.
13. After verification of
applications, the committee constituted under the
Chairmanship of DEO along with DPC and BEO concemed as members will
scrutinize the applications and recommend for opening of new Elementary schools
to Director, Elementary Eduoation for necessary approval.
14. After scrutinising the recommendations received from the DEO, the Director,
Elementary Education will issue opening permissions to the concemed schools
through tbe DEO.
15. The fiml opening permission order will be issued by end of February every
year.
16. After receipt of opening permission, the school authorities will admit the
students, appoint required number of trained teachers, start construction of
infrasftuctue and purchase the fumiture & equipment for the students.
l'7. The school authorities will also apply for Certificate of Recognitior as
required under Section 18 of the Right of Children to Free and Compulsory
Education Act, 2009 to the Director, Elementary Education before operationalising
the school.
18. This notification supersedes all other previous instructions on permission to
open an elementary school.

By Order of the Governor

L-
Commissioner-cum-S retary to Govt.
Memo No. llf l /S&ME, Dated 5l-^-lT
Copy forwarded to Gazette Cell in-charge, Odisha Gazette Cell, C/o-
Commerce Department, Odisha Secretariat, Bhubaneswar with a request to publish
the above notification in an extra-ordinary issue of Odisha Gazette and supply 100
(five hundred) copies to this Depafiment.

loin Srrrr,ffi{r+rn-..n
Memo No. I?f 1- /s&ME. Dated L) '? ^ l7
Copy forwarded to P.S to Chief Minister, Odisha / P.S. to Minister, School
/
& Mass Education & Industries / P.S. to Chief Secretary P.S. to D.C.-cum-ACS /
P.S. to Principal Secretary, Finance Deptt. / P.S. to Principal Secretary, Law / P.S.
to P ncipal Secretary, Higher Education Deptt./ P.S. to Commissioner-cum-
Secretary, School & Mass Education for kind information of Hon'ble Chief
Minister, Hon'ble Minister, Chief Secretary, Principal Secretary, Finance Deptt./
Law Deptt-/ Higher Education Deptt. and Commissioner-cum-Secretary, S&ME
Deptt.

roi,ts"","ffi!f:u" mment
Memo No 1-153 /s&ME- Dated 3t -e-t7
Copy forwarded to the Director, Elementary Education / Director,
Secondary Education/ Director, Highei'Secondary Education/ Director, TE &
SCERT / SPD, OPEPA / SPD, RMSA/ President, BSE, Odisha, CuttacU Chairman,
CHSE, Odisha for information and neaessary actio[.

+
Joint Secretarv tot
Memo No Lqsv /S&ME, Dated JJ -4.-,7
Copy forwarded to Alt DEOs/ All DPCs/ All BEOs for information and
necessary aclion.

Joint Secretarv to
pr"rno No. 19 l!' /s&ME , Dated rl-L*t7
Copy forwarded to all Sections / Computer Cell / Law Section of S&ME
Department for information.
,M{
Joint Secretary to (rovemment