Welcome to Indian Lawyers Services
Javascript DHTML Drop Down Menu Powered by dhtml-menu-builder.com
Latest judgements
Indian Lawyer Services :: Education Law in India::

How to open a school in India?

To elucidate, the following is the detailed procedure required to open a school:
First, in order to open a school, an association or a group of individuals has to be registered as a society under the Societies Recognition Act, 1860 or as a trust constituted under any law for the time being in force. This is to prove the “non profit’” motive of the society.

Second, the society then needs to obtain an “Essentiality Certificate” (EC) from the DoE. An EC is an essential document certifying the requirement of a school in the particular zone, on the basis of which land is allotted to the society for the purpose of building a new school. An EC is stipulated to avoid proliferation of schools, which could make existing schools redundant. The DoE decides the need for a school in a particular zone. By restricting the supply of schools in an area, it restricts the role of the market in assessing the demand for school education. Within 3 years of obtaining the certificate, the construction of the school has to commence, failing which the society has to apply for renewal. Along with the application for EC a fee of Rs. 500/- and a set of 11 documents are to be submitted. An EC is granted after certifying the non-proprietary nature of the society, the financial status of the society, The above is issued as per rule 44 of Delhi School Education Rules, 1973.

Third, land is allotted to the society for purpose of the new school in the desired zone. For land to be allotted, the society needs to obtain a “letter of sponsorship” from the DoE. This is forwarded to one of the land owning agencies like the DDA or MCD and the land is sold at subsidized rates by the land owning agency. Surprisingly, an acre of subsidized land in South-Delhi costs Rs. 82,50,000/- and in places like Vasant Kunj it goes up to Rs. 1.25 crore. Thus only on the approval of the DoE, can land be allotted to the society in question.

Fourth, once the school has been established, the school authority needs to apply for recognition with the concerned authority. Recognition up to V standard is granted by MCD and up to VIII standard by the DoE. For further recognition up to X and XII standard, application for upgradation has to be submitted with a minimum gap of 2 years. To obtain recognition from DoE, a set of 17 documents is to be submitted along with the application. These also include a wide array of secondary licenses, for instance, a duly approved Scheme of Management, Completion Certificate, Sanctioned Building Plan, Water Testing Report, Health Certificate. All this is governed as per the rules mentioned in Delhi Education Act, 1973. Lastly, a school needs to apply for affiliation with CBSE. Only on affiliation with CBSE can the students of the particular school appear for public examinations. In order to get affiliated, the school needs to follow the prescribed syllabi and books (NCERT).
Prima-facie, the laws do not appear worthy of any harm, but personal experiences of school authorities speak otherwise. Given below is a list of licenses and documents required to open and operate/run a school:

Name of license Governing Act Regulating authority

1 Registration Certificate of Society Societies Recognition Act, 1860
2 Essentiality Certificate Delhi Education Act, 1973 DoE
3 Certificate of Recognition Delhi Education Act, 1973 MCD/ DoE
4 Certificate of Upgradation Delhi Education Act, 1973 DoE
5 Certificate of Affiliation Affiliation Bye-Laws CBSE
6 Certificate of MCD MCD
7 Affidavit regarding proper purchase of land and no violation of master plan in
the land used MCD/DDA

Name of license Governing Act Regulating authority

8 Site Plan of the Building/Sanctioned Building Plan MCD/DDA approved
9 Building Fitness Certificate MCD
10 Health Certificate MCD
11 Water Testing Report Delhi Jal Board
12 Completion Certificate DDA
13 Duly approved Scheme of Management DoE
14 No Loan Certificate against FD issued by the bank Bank
15 Land Use Permitted Certificate (in case of rented land) Landlord

Documents to be submitted along with application for EC/ Recognition/ Up

1 Memorandum of Association
2 Affidavit regarding relationship of society members
3 Copy of Reserve Fund for Rs. 2 lakhs from the bank
4 Affidavit from management regarding proper operation of
school, as per Delhi School Education Rules, 1973
5 Undertaking regarding fees and other charges
6 List of members of society with full particulars.
7 Details of land and building
8 Project report of proposed school
9 Experience of society/members in the field of education
10 Scheme of Management
11 Documents regarding ownership of land allotted to school
12 Auditor’s statement of account(s)
13 Staff statement as Performa
14 Rates of fee and other fund charges
15 Enrolment of students
This long list of documents produces enough paperwork for schools to employ an
additional person just to please the government authorities. To fan the flames, the laws are ill defined and manipulative. From the above-mentioned list there are at least
Education Law in India: Education law in India,how to open a school in India,how to open a collage in India,higher education in India,foreign education in India, lawyers in delhi
Legal News

Marriage is a serious affair, but at times it takes very little to make it fall apart. A rising number of divorce petitions in India furnish seemingly small and trivial reasons as grounds for seeking legal separation. Recently, a man divorced his wife saying that he was traumatised by the acne on her face. After prolonged hearing, this case came to a close when both parties agreed to withdraw allegations.