The Indian education sector has evolved considerably over the last decade and garnered a lot of interest from all the stakeholders. One primary reason being the growing thrust and demand for quality education which has paved way for participation of private players/foundations in the establishment and operation of educational institutions.

As per the U-DISE Flash Statistics Report 2021-22, private unaided and aided schools account for 43.47% of the total enrollments in schools. Further, private schools account for nearly 28% of the total number of schools in the country with 33.34% and 37.27% enrollments in private unaided schools at secondary and higher secondary levels, respectively.

Presently, in most States, both government schools and private self-financed schools are being regulated by the same enactment. This has led to some gnawing concerns as, unlike the government schools where a closer monitoring of the Government is a necessity, private schools require more autonomy in their operations.

Our Firm in association with FICCI Alliance for Re-Imagining School Education (“FICCI ARISE”), has drafted a Model Self – Financed Independent Schools (Recognition and Fee Regulation) Code, 2023 (“Model Self- Financed Independent Schools Code”). The Model Self-Financed Independent Schools Code has been drafted to regulate self-financed independent schools on the principles of autonomy, self-regulation and good governance. The Code has also been aligned with the landmark decisions of the apex Court on the aspects of operation and management of private unaided educational institutions.

The Code aims at regulating schools which are self-financed institutions, receiving no aid or grant from the Government or any local authority. All expenses of such schools are met by the management of such institution itself.

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