The Right to Free and Compulsory Education (RTE) Act, 2009, which came into force in 2010, inter alia prescribes minimum infrastructure, teacher-pupil ratio and other norms for all schools. S.18 stipulates that no private schools shall function without a recognition certificate from the “appropriate government”, which will be awarded only if schools fulfill the infrastructure and teacher-pupil norms stipulated by s.19 and Schedule of the RTE Act. Relevant excerpts from s. 18 and 19 and Schedule of the RTE Act:
s.18 (1). No school other than a school established, owned or controlled by the appropriate Government or the local authority shall, after the commencement of this Act be established or function, without obtaining a certificate of recognition from such authority by making an application in such form and manner, as may be prescribed.
(2) Provided that no such recognition shall be granted to a school unless it fulfills norms and standards specified under s.19.
s.19 (1) No school shall be established, or recognised, under s.18, unless it fulfills the norms and standards specified in the Schedule.
(2) Where a school established before the commencement of this Act does not fulfill the norms and standards specified in the Schedule, it shall take steps to fulfill such norms and standards at its own expenses, within a period of three years from the date of such commencement.
(3) Where a school fails to fulfill the norms and standards within the period specified under sub-section (2), the authority prescribed under sub-section (1) of s.18 shall withdraw recognition granted to such school in the manner specified under sub-section (3) thereof.
(4) With effect from the date of withdrawal of recognition under sub-section (3), no school shall continue to function.
(5) Any person who continues to run a school after the recognition is withdrawn, shall be liable to a fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues.
The Schedule: Norms and standards for a school
1. Number of teachers
(a) class I-V: upto 60 children: two; between 61-90: three; between 90-120: four; above 150 children: five plus one head teacher
(b) class VI-VIII: at least one teacher per class, for every 35 children. If admitted children are over 100, a head-teacher plus part-time instructor for art education, health and physical education, work education
2. Building
(i) At least one classroom for every teacher, office-cum-store/head-teacher’s room
(ii) Barrier-free access
(iii) Separate toilets for boys and girls
(iv) Safe and adequate drinking water facility
(v) A kitchen where mid-day meal is cooked
(vi) Playground
(vii) Boundary wall or fencing
3. Minimum working school days in an academic year:
(i) 200 working days for class I-V
(ii) 220 working days for class VI-VIII
4. Minimum number of working hours per week for teachers: 45 hours
5. Teaching-learning equipment: Shall be provided to each class as required
6. Library: Library in each school providing newspapers, magazines and books
7. Play material, games and sports equipment: Shall be provided to each class as required