Banned: Misleading promises, hiring convicted individuals or govt employees
Required: Police, building safety clearances, registrations, proper infra, separate toilets
Classes limited to 5 hours daily; weekly offs, festival breaks mandatory
Fees must be fair, reasonable
10% reservation for students of BPL families, orphans
Srinagar, Feb 04: The government has set new rules to regulate the private coaching and study centres in Jammu and Kashmir with strict focus on registration, reservation, tuition fee and safety of the students.
An official however said that the registration of the private coaching institutes in Kashmir region has not been renewed post COVID-19 period.
“As of now, no private coaching centre in Kashmir region has a registration and many others who have applied for the renewal have not got their registration yet. The registration process is in progress,” the official said.
Another official informed the news agency—Kashmir News Observer (KNO) that “There are approximately 241 private coaching centres functioning in the Kashmir region and their registration is in progress.”
“In Srinagar alone, more than 50 private coaching centres are functional and their registration is in progress from the past one year. Renewal progress got halted post COVID-19 period and the change in academic session that was earlier shifted from November-December to March,” he said.
Commissioner Secretary to government for School Education Department Ram Niwas Sharma in an order said the Government of India has framed model guidelines namely ‘Guidelines for regulation of Coaching Centre’ in January 2024, for adoption by States and UTs for its implementation in their respective territorial jurisdiction.
The Supreme Court of India in Criminal Appeal out of has issued the direction that reads, “All States and Union Territories shall, as far as practicable, notify rules within two months from the date of this judgment mandating registration, student protection norms, and grievance redressal mechanisms for all private coaching Centers. These rules shall require compliance with the mental health safeguards prescribed herein.”
Sharma said that the new rules shall come into force from the date of their publication in the official gazette. “The object of these rules shall be to establish a framework for registering and regulating coaching or study centres and it shall suggest a minimum standard for effective operation of coaching or study centers.”
The new rules shall be to protect students’ interests by ensuring quality education and support and shall be to encourage integration of co-curricular activities for holistic development.
Registration or establishment of coaching or study centres
The government said that no person shall impart coaching or establish, run, manage or maintain a Coaching or study center unless prior registration is obtained from the competent authority.
“An application for registration, including fees and required documents, shall be submitted to the competent authority in the manner and form as may be notified,” it reads.
It also said that the competent authority shall, within one month from the date of receipt of the application for registration, either grant the registration certificate in the prescribed form, or shall communicate to the applicant his order of refusal to grant such registration after recording reasons in writing, for such refusal. “Provided that no order refusing the registration shall be passed except after giving to the person concerned a reasonable opportunity of hearing.”
The government also said that the registration certificates shall be valid for a period of two years, unless cancelled earlier for any reason.
“Every registered coaching center shall apply for renewal of registration certificate to the competent authority two months prior to the date of expiry of such registration, in such form, with such fees and documents as may be specified by the government,” the new rules read.
It also said that the competent authority may on receipt of an application for renewal of registration in the prescribed form and on payment of the prescribed fees, shall decide on the application for renewal of registration number before the expiry of the registration period and may renew the certificate or may communicate the refusal thereof to the applicant before the expiry of the registration period, after recording the reasons for such refusal in writing.
“Provided that no order refusing the registration shall be passed except after giving to the person concerned a reasonable opportunity of hearing,” it reads.
Conditions for registration
The new rules suggest that no coaching centre shall engage tutors having qualification less than graduation for 10th class and post graduate in the relevant subjects to the Senior secondary classes;
It also said that no coaching centre shall make misleading promises or guarantee of rank or good marks to parents or students for enrolling them in the coaching centre. “No coaching centre shall be registered, if it has less than a minimum one square meter area per student.”
The rules further reveal that no coaching centre shall hire the services of any tutor or person who has been convicted for any offence involving moral turpitude.
The government further said that there shall be no registration to the coaching centres unless it has a counselling system. “No coaching centre shall hire the services of a government employee.”
“No coaching centre shall be registered unless NOC is obtained from Criminal Investigation Department and no coaching centre shall be registered unless Building safety certificate has been obtained from PWD department,” it reads.
Documents to be accompanied with registration application
Every application for registration of a coaching center shall be accompanied by an undertaking by the person or proprietor stating that he shall use only the word registered coaching center’ and shall not use the words ‘recognized’ or ‘approved’ on any sign board or any prospectus or correspondence or communication of whatever nature or at any place;
Coaching classes for those students who are also studying in institutions and schools shall not be conducted during their institutions schools’ hours.
The necessary information regarding the qualification of the tutors, time table of the coaching class, the fee charged and general information, as specified, regarding the coaching class shall be displayed on the website and notice board at prominent places in the premises of the coaching center.
Any tutor or person employed, in any manner in the coaching center has not been convicted for any offence involving moral turpitude and that any change in employment of tutor shall be immediately intimated to the competent authority;
They shall abide by the condition regarding the specified number of students to be admitted in the coaching class.
They shall abide by the other terms and conditions of this guidelines.
The application for renewal of the registration shall be accompanied by a copy of the statement of accounts audited by Chartered Accountant.
Website requirement
The Government shall in consultation with the Information Technology Department establish an online system for faceless registration, while each coaching/study centre must maintain a website with current information on tutors, qualifications, courses, fees, policies, student outcomes, and comply with all relevant laws. Website should specifically publish the fee structure of the various courses.
Regulation and monitoring
Every Coaching or study Center shall notify any changes in teaching faculty or class schedule one week in advance.
Every Coaching or study Center shall publish a summary of results at the end of each session and send detailed results with names to the Competent Authority.
They shall establish a complaint redressal mechanism (CRM) and report each complaint and its resolution to the Competent Authority and Monitoring Committee within a week.
Fees Refund
Every coaching or study center shall refund the entire fee if a student withdraws from the course within 10 days of registration.
In case of mid-session faculty changes, allow students to withdraw within 10 days with a proportional fee refund, the competent authority’s refund decision is binding and must be implemented within 10 days.
Infrastructure requirements
The coaching or study center must be located in a noise-free area. Within the basic structure of the coaching center, a minimum one square meter area may be allocated for each student during a class or batch. There shall be sufficient infrastructure in proportion to the number of students enrolled.
The coaching centre building shall adhere to fire safety codes, building safety codes and other standards and shall obtain a Fire and Building Safety Certificate from the local body concerned.
For the assistance of the students, the coaching centre shall have a first aid kit and medical assistance or treatment facility. List of referral services like hospitals, doctors for emergency services, police helpline, child helpline details, fire service helpline, women helpline etc shall be displayed at conspicuous place;
The coaching centre building shall be fully electrified, well ventilated.
Safe and potable drinking water shall be available for all students and staff of the coaching centre.
The coaching centre may be suitably fitted with CCTV cameras wherever required and security shall be well maintained;
A complaint box or register may be placed at the coaching centre for the students to raise a complaint. Coaching centre shall have a committee for redressal of complaints or grievances of students.
Provision of separate toilets for males and females shall be made within the coaching centre building premises.
Curriculum and classes
For the purpose of achieving holistic development of students and to provide psychological counselling for mental well-being of the students, in respect of curriculum and classes, along with coaching, the coaching Centers shall make efforts to complete the classes in the stipulated time as mentioned in the prospectus.
They shall provide remedial or support classes to students who require additional support in their academics.
The coaching centres shall chalk out a time-table to allow the students to relax and recuperate and thus, not build additional pressure on them.
They also shall ensure weekly off for students as well as tutors.
The coaching centres shall not conduct assessment-test or exam on the day after weekly off;
They shall customize leave in such a manner that the students are able to connect with their family during the important and popular festivals.
The coaching centres shall conduct coaching classes in a way that it is not excessive for a student and it should not be more than 5 hours in a day.
They shall endeavour to organize co-curricular activities a t regular intervals in addition to conducting regular classes.
The coaching centres shall make efforts to organize counselling sessions for the development of students’ mental health and life skills.
Special provisions should be made for students with disabilities or special needs to ensure inclusive participation.
Fees
Fees must be fair and reasonable, with receipts provided and the coaching or study centres must issue a prospectus with course details and fees.
Study materials must be provided without additional charges and the refund fees on a pro-rata basis if a student leaves mid-course.
Fees cannot be increased during the course duration course completion and the mode of fee payment will be online only.
Inclusivity and accessibility
The coaching or study centres must ensure no discrimination based on religion, race, caste, or other personal attributes during admission and teaching.
They should increase representation from vulnerable groups, including female students, those with disabilities, and marginalized communities.
The coaching or study centres must admit 10 percent of students from BPL families or orphans based on the Competent Authority’s recommendation.
The Directors of School Education of both regions will verify and select eligible students forwarding their names to the Centers. Centers must report the number of such students for renewal compliance.
Annual report
The coaching or study centers must maintain records and documents as prescribed by Government authorities and submit an annual report to the competent authority. This ensures transparency, accountability, and compliance with regulatory standards.
Penalty
In case of violation of any of the terms and conditions of registration, the Coaching or Study Center shall be liable for penalties as Rs 25,000 for first offence, Rs. 50,000 for the second offence and revocation of registration for subsequent offence.
Cancellation of registration
The certificate of registration granted to the coaching center, without prejudice to any other penal action that may be taken for violation of relevant law, at any time be cancelled, if the competent authority is satisfied that the coaching center has contravened any of the provisions of these rules or violated any of the terms and conditions subject to which the registration was granted. (KNO)
