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Cover Story

vate schools has struck a heavy blow with a new GO every three weeks.
not only to the autonomy of private The study concludes that private un-
schools but also imposed severe fi- aided schools in these four states were
nancial stress upon them. Across the obliged to spend upwards of 37,000
country, private school associations man-hours over a span of ten years
claim that reimbursement arrears for complying with government orders.
admitting poor children under s.12 In a year, a typical private unaided
(1) (c) have piled up from “lakhs to school invests around 125 man-days
crores”. For instance in Maharashtra, complying with government orders.
the state government owes arrears (See infographics, p.39 and p.41)
of Rs.1,200 crore to private unaided These GOs prescribe the nitty-
schools for the admission and educa- gritty of obtaining private school rec-
tion of children under s.12 (1) (c). ognition, admissions, designing cur-
M OREOVER, IT’S perti- requirements, imposing tuition fees,
riculums and pedagogy, infrastructure
minimum qualifications of teachers,
nent to note that the
RTE Act which heaps
Pradesh, every sixth GO prescribes
numerous rules and Ahluwalia: important unheard story among others. For instance in Andhra
regulations on private schools, is sup- rules related to assessment and ap-
plemented by 145 State Acts and 101 Development, a Delhi-based NGO. pointment of teachers. One specific
Rules under them governing private On top of Central and State legis- GO mandates that in-service private
schools. These laws dictate private lation, subordinate legislation, i.e, in- school teachers must pass the Teach-
schools’ decisions on student admis- spection and instruction by officials of er Eligibility Test, but government
sions and fees, teacher recruitment, the education ministry are additional teachers are exempt if recruited by a
and administration matters. In Delhi burdens of private schools. Orders, “competent government/local author-
and Maharashtra, an ‘administrator’ circulars, notifications, and guidelines ity”. Moreover, some orders compel
of the state government has the power are issued almost daily by officials and schools to appoint part-time teach-
to take over a private school’s man- exam boards. A recent (April) unprec- ers for co-curricular subjects such as
agement if it is deemed to be in the edented research study titled Regula- dance, music, art and crafts, and yoga.
“public interest”. Maharashtra allows tory Impact of Subordinate Legisla- “Even though independent schools
parents to stall a tuition fees increase tion on Private Unaided Schools – An are entirely privately funded, govern-
even if only a quarter of them concur. Empirical Overview of Four Indian ment believes it has the right to say
In Delhi, no private school employee States by the authors of this feature, how they should be managed. There-
can be dismissed/reduced in rank, covering Andhra Pradesh, Telangana, fore, GOs/circulars are focused on
suspended, or terminated without Rajasthan and Uttar Pradesh, which regulating tuition fees, stipulating
prior permission of the state govern- analyses legislation over a ten-year infrastructure requirements, teacher
ment’s Director of Education. period (2010-2021), indicates that qualifications and salaries, student
“The rise of private schools is an private schools in Andhra Pradesh admission procedures among others.
important and largely unheard story and Uttar Pradesh have to comply Seldom do they focus on improving
about our education system. They with a new government order (GO) quality of education and student out-
educate 120 million students, nearly issued by state education officials ev- comes. In sum, the State wants to reg-
half of all school-going children. Yet, ery two months. The situation is worse ulate private schools, not education.
they are governed by a tangle of gov- in Rajasthan where between 2014 and District education officers and other
ernment regulations completely ori- 2021, private schools had to comply officials who visit private schools are
ented towards inputs and processes, interested in inspecting infrastruc-
unmindful of their mission to provide A research study by the ture facilities, fees registers, recog-
high quality education and improved authors indicates that private nition certificates, etc — never the
learning outcomes. Liberalising and quality of teaching-learning. The re-
deregulating the K-12 education sector unaided schools in four states sult is that private school promoters,
is critical for schools to ensure quality were obliged to spend more principals and teachers are spending
education for the country’s expanding their time complying with regulations
middle class,” says Rahul Ahluwa- than 37,000 man-hours over rather than focusing on the real job
lia, an IIM-Calcutta and University of a span of ten years complying of delivering high-quality education
British Columbia alumnus and Direc- to children,” laments Kulbhushan
tor of the Foundation for Economic with Government Orders Sharma, president of the National

36 EDUCATIONWORLD JULY 2023