The Ministry of Education has made the fee structure of private schools clear to the public as well as to the Union Territory administration that state governments and Union Territory administration are responsible for setting fees and taking action against schools that do not comply with the rules. The clarification was made in the Rajya Sabha in response to questions regarding the regulation of private schools and security for students and parents.
Education falls under the Concurrent List of the Constitution, as Minister of State for Education Jayant Chaudhary explained. Education is in the hands of the Centre and states. However, schools that are not established, owned or controlled by the Central Government are generally under the control of the respective state government or Union Territory administration.
This clarification is especially important for parents who are worried about sudden fee increases, additional charges or other financial demands imposed by private schools. The Central Board of Secondary Education (CBSE) has rules for its affiliated institutions, but enforcement of fee-related provisions and action against violations is largely up to the competent state or UT authorities.
States Have a Major Role in Private School Fee Regulation
Private schools that are affiliated with CBSE are required to adhere to the board bye-laws which cover a range of aspects of school administration including fees. Fee changes must be approved by the School Management Committee and must be approved by the appropriate government authority, the Ministry of Education said.
This means that private schools cannot simply view fee changes as an unrestricted administrative decision. Schools are required to comply with the regulatory process before changing their fee structures.
State governments are important because education is a Concurrent List subject. Different states may have their own laws, regulations, committees or mechanisms to determine and monitor private school fees. Parents who have disagreements about fee hikes or other charges will need to contact the relevant state education department or regulatory authority depending on the rules applicable in their state.
## CBSE Rules Also Protect Parents From Forced Purchases
The CBSE has also introduced provisions to prevent parents from being under undue financial pressure from affiliated schools. Schools are forbidden from compelling students or parents to purchase books, uniforms and stationery from particular vendors.
The goal of such provisions is to give parents more freedom in the buying of essential school supplies. Restricting purchases to specific vendors can potentially increase costs for families, particularly when identical or comparable products are available elsewhere at lower prices.
Parents are therefore aware that the CBSE affiliation comes with administrative requirements that schools must comply with. Parents can report the violations and seek a complaint to the school authority, state education department or any other relevant regulatory body where they find the concern.
RTE Act Provides Additional Safeguards
The Ministry also highlighted protections provided under the Right of Children to Free and Compulsory Education Act, 2009, commonly known as the RTE Act. The law provides children between six and fourteen years of age with the right to free and compulsory elementary education.
The most significant provision for private unaided schools is Section 12(1)(c) which requires eligible private unaided schools to allocate at least 25 per cent of entry-level seats to children from less privileged and disadvantaged classes. All children who are admitted through this provision are entitled to free and compulsory elementary education until the completion of the school, subject to the conditions prescribed under the law.
Another important protection is in Section 13 of the RTE Act, which prevents schools from collecting capitation fees. It is intended to prevent schools from demanding large additional payments as a condition for admission.
For parents, these provisions provide an important legal framework against certain forms of financial exploitation and discrimination in elementary education. But implementation and enforcement of these provisions is a matter of state and UT administrative practice.
What About Private Universities?
The Ministry’s clarification also covered private universities and deemed-to-be universities. Private universities are established through Acts passed by the respective state legislatures and are governed by the relevant laws, rules and regulations of the respective states.
Deemed-to-be universities are regulated under the UGC (Institutions Deemed to be Universities) Regulations, 2023. The Ministry said relevant rules on fees and seat numbers should be followed by those statutory bodies.
This distinction matters because the rules governing a private school are not necessarily the same as those governing a private university or deemed-to-be university. Parents and students must identify the relevant regulatory authority before the complaint is filed.
What Parents Should Do in Case of a Fee Dispute
Parents who are concerned about a private school's fee structure should check the school's fee circular and admission documents and regulations. Receipts, notices, emails and other written correspondence can also help establish the details of a dispute.
If the issue concerns a CBSE-affiliated school, parents can check the applicable CBSE bye-laws and raise the matter with the school management. Depending on the issue and the state’s regulatory framework, a complaint may also be submitted to the concerned education department or other competent authority.
The Ministry's clarification makes one point very clear: there is no single central mechanism that directly regulates every private school's fee structure across the country. State and UT authorities play a key role in setting the applicable rules and taking action when schools fail to comply.
Parents and students who understand the divide in responsibilities between state governments, CBSE and legislation like the RTE Act can be able to identify the right authority and take appropriate action if they think the fee practices or other requirements violate applicable rules.
