To print this article, all you need is to be registered or login on Mondaq.com.
The Ministry of Education (Ministry), Government of India, has recently released the much-debated Guidelines for Regulation of Coaching Centers (Guidelines) for consideration by the States/UTs. These Guidelines are in the form of model guidelines to be adopted by the State/UT governments by way of appropriate legal framework to regulate the coaching centers (CC) within their jurisdictions (even though education is a subject matter of the concurrent list of the Constitution of India).
The Guidelines have been issued in view of the rising number of unregulated coaching institutes charging exorbitant fees from students, unreasonably long coaching hours forcing students to leave schools and enroll with dummy schools, undue pressure, and stress on students (sometimes resulting in unfortunate student suicides), lack of reasonable infrastructure, fire accidents and other malpractices.
The release of the Guidelines (and nudging the States/UTs to adopt the Guidelines by way of appropriate legal framework) marks a significant step towards a more regulated and responsible coaching ecosystem. Cities like Kota known for its Joint Entrance Examination (JEE ) and National Eligibility and Entrance Test (NEET) coaching centres (such as Allen and Resonance), have witnessed a heartbreaking rise in student suicides. Delhi too has seen its share of troubles with some of its areas brimming with coaching centres and facing acute infrastructure challenges. On the Ed-tech front, BYJU’s expansion into the offline space, through its acquisition of Aakash Institute, has raised concerns about alleged predatory practices with poor cancellation policies and false promises. Thus, these comprehensive regulations address pressing concerns surrounding exorbitant fees, student stress, and unethical practices, aiming to prioritize student well-being and promote a responsible academic environment.
However, some concerns have been raised regarding the scope of the Guidelines including the primary focus being restricted to physical CCs and overlooking the booming online/hybrid coaching industry. This creates a regulatory loophole, potentially allowing online platforms to engage in similar problematic practices as their physical counterparts. Limiting the enrolment of students of 16 years and above or post-secondary school examination is also causing severe heartburn in the industry as it overlooks the special coaching need of students appearing for important exams like the JEE or NEET. Suggestions for alternative solutions like age-specific regulations or stricter regulations for competitive exam preparation are being made.
While several states such as Bihar, Goa, Uttar Pradesh and Manipur have already taken initiatives by enacting special legislations to regulate private coaching and tuition classes in their respective jurisdictions even prior to the issuance of these Guidelines, adoption of the Guidelines by other states/UTs would be only the first step in regulating this unregulated sector. While, over-regulation can adversely impact the industry and create unnecessary bureaucracy and delays, the actual change would come once the industry itself aligns to the growing and immediate need to focus on the wellbeing and wholistic development of young minds.
Disclaimer: LexCounsel provides this e-update on a complimentary basis solely for informational purposes. It is not intended to constitute, and should not be taken as, legal advice, or a communication intended to solicit or establish any attorney-client relationship between LexCounsel and the reader(s). LexCounsel shall not have any obligations or liabilities towards any acts or omission of any reader(s) consequent to any information contained in this e-newsletter. The readers are advised to consult competent professionals in their own judgment before acting on the basis of any information provided hereby.
