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Indian here. India's regulation love is mind-boggling and matched only by Venezuella or North Korea. Only difference being that people beat the system no matte

Indian here. India's regulation love is mind-boggling and matched only by Venezuella or North Korea. Only difference being that people beat the system no matter what. My family decided to start a fully self-funded private school in 2004. Here are the steps. 1. First we need to get NOC from the local government which we will get only if we show the land, building etc. Most important factor in NOC is "need". So we need to show paperwork that there are not enough schools nearby for the projection of new students over 10 years and all that. Clearly, you can't argue that "my school would be better". (We paid $10k as bribe to get this) 2. There is lot of regulation related to teacher's salaries and qualification, teacher-student ratio etc. Fee regulation etc. but relatively easier to get with very less bribe. 3. Right to Education Law (RTE) kicks in. We have to do tremendous amount of paper work and give 25% of our seats to government for free which the government allocates based on complex lottery that uses caste/income etc. Given that our school caters to lower middle class a plumbers kid is paying to subsidise education of electrician's son because the former did not win the RTE lottery. We have to increase fees of remaining 75% students to cover the expenditure on these 25%. The government promised a small money per seat by law. However for last 4 years we have not got a penny. The amount is any ways very little. But then RTE has various other provisions and the violation of that results into withdrawal of NOC, closure of school and criminal proceeding against the principal/management. Here are some of the provisions: - There should be X toilets per 100 students. - You can not dismiss any student for any reason. (not just 25% RTE students but all 100% students) - You can not set any admission criteria what so ever. No tests, interviews, family background nothing. Pure lottery only. (For the 75% students) Most parents know this and will simply refuse to pay fees after we give admission to their kids. All we can do is to beg. 4. There is 100% exemption to any school that is run by management whose members are Christians, Muslims, Buddhists, Jain or Sikh. (which means RTE applies to your school only if the management is Hindu or Jewish) 5. RTE resulted into closure of thousands of schools in India and mushrooming of Church run schools. My family closed the school in 2016. There are various court cases still going around this.

AareyBaba 9y ago
Re 4: Article 30 in The Constitution Of India 1949 30. Right of minorities to establish and administer educational institutions (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. This was put in the constitution as a guarantee to linguistic and religious minorities that they could maintain their identity within the vast majority. This was in liu of the more unpalatable option of providing special representation in Parliament for each minority group. In subsequent years after independence the Supreme Court clarified that the minority status would be determined by state. So presumably, you could set up a school in Mizoram if you are a Hindu. Or a Hindi language school in Tamil Nadu. If I am not mistaken, Sindhis run their own colleges in Mumbai under these minority rights.
- Karishma1234 9y ago
  Yes. Indian constitution discriminates based on religion when it comes to running schools and other edu institutions. Article 30 gives special rights to christians and muslims and subsequent amendment 93 also gives right to occupation to minorities but not to Hindus and Jews. RTE was deemed unconstitutional even in the light of Article 30 in TMA Pai vs State of Karnataka thus giving rise to 93rd ammendment. > If I am not mistaken, Sindhis run their own colleges in Mumbai under these minority rights. You are most certainly mistaken. States can only declare linguistic minorities. Religious minorities are determined by a body called NCMEI. NCMEI by law can not have a Hindu as its member as a result a body that comprises of Muslims and Christians gets to decide if a Hindu school in Mizoram can start a school and avail minority benefits. They have categorically refused to do so in Kashmir, Nagaland and in Kerala so far.

AareyBaba 9y ago

Re 4: Article 30 in The Constitution Of India 1949 30. Right of minorities to establish and administer educational institutions (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. This was put in the constitution as a guarantee to linguistic and religious minorities that they could maintain their identity within the vast majority. This was in liu of the more unpalatable option of providing special representation in Parliament for each minority group. In subsequent years after independence the Supreme Court clarified that the minority status would be determined by state. So presumably, you could set up a school in Mizoram if you are a Hindu. Or a Hindi language school in Tamil Nadu. If I am not mistaken, Sindhis run their own colleges in Mumbai under these minority rights.

Karishma1234 9y ago
Yes. Indian constitution discriminates based on religion when it comes to running schools and other edu institutions. Article 30 gives special rights to christians and muslims and subsequent amendment 93 also gives right to occupation to minorities but not to Hindus and Jews. RTE was deemed unconstitutional even in the light of Article 30 in TMA Pai vs State of Karnataka thus giving rise to 93rd ammendment. > If I am not mistaken, Sindhis run their own colleges in Mumbai under these minority rights. You are most certainly mistaken. States can only declare linguistic minorities. Religious minorities are determined by a body called NCMEI. NCMEI by law can not have a Hindu as its member as a result a body that comprises of Muslims and Christians gets to decide if a Hindu school in Mizoram can start a school and avail minority benefits. They have categorically refused to do so in Kashmir, Nagaland and in Kerala so far.