Vol 1 : Fees & Funds : Legally Upright

Implication of Court Judgements on Management of Education in India Author :  Dr. Prabhat Kaushik  (M.Sc.,M.Ed.,LLB,Ph.D.,CIT, Australia)   Education is the cornerstone of a thriving society for shaping the minds of individuals and laying the foundation for their future success. In a country as vast and diverse as India, the significance of a robust educational system cannot be overstated. It is within the classrooms of our schools that the seeds of knowledge, ethics and character are sown to cultivate the leaders, thinkers and change-makers of tomorrow. This book, “Legally Upright: Implication of Court Judgements on Management of Education in India,” delves into the crucial aspect of legal frameworks and regulations governing the realm of education in our country. It explores the intersection of law and education, highlighting the need for a comprehensive under-standing of legal principles to ensure an upright and equitable educational system. It will deeply explore the implications of court judgement in day to day running of schools and will certainly help in ensuring legal compliance in the entire ecosystem. The objective of series of this book is to shed light on the legal complexities surrounding school education in India and provide an accessible resource for educators, policymakers, parents and all other stakeholders involved in shaping the educational landscape. It aims to bridge the gap between legal provisions and their practical implications, offering insights, analysis and recommendations for a more effective & inclusive educational framework. We will also analyse the roles and responsibilities of these regulatory and governing bodies, their jurisdiction and their influence on curriculum development, examinations, teacher training and overall school governance. In addition, we will also delve into the mechanisms for monitoring and evaluating schools to ensure compliance with the prescribed standards and guidelines. In these books, we embark on a journey to examine various legal aspects that impact school education, including constitutional provisions, legislations, regulatory bodies and landmark court judgements. In some of the volumes of this book we will explore topics such as the Right to Education Act, Child Protection Laws, Role of School Management Committees (SMCs), Student Rights, Teachers’ Rights and Responsibilities, Educational Policies and many more. One of the crucial areas we delve into is the regulatory framework governing schools in India. We explore the key regulatory bodies responsible for overseeing and maintaining standards in school education. These bodies include the Central Board of Secondary Education (CBSE), the Council for the Indian School Certificate Examinations (CISCE), State Boards of Education and other relevant authorities at the National, State and Local levels. Furthermore, we will discuss the evolving legal landscape surrounding private schools in India. We will examine the laws and regulations pertaining to school fee, admission procedures, infrastructure requirements and other aspects that contribute to the overall quality and accessibility of education. We will also explore the delicate balance between the autonomy of private schools and the need for regulatory oversight to ensure accountability and inclusivity. Drawing upon a diverse range of legal and educational perspectives, this book seeks to empower readers with knowledge, understanding and fostering a dialogue that encourages constructive change in the educational landscape. By exploring the intricate tapestry of laws, rules and regulations, we aspire to inspire transformative thinking and advocate for progressive policies that elevate the standards of school education across the nation. It is my sincere hope that “Legally Upright: Implication of Court Management of Education in India” will serve as a catalyst for informed discussions, policy reforms and a collective commitment towards providing every child in India with a quality, inclusive and legally sound education. Together, let us strive for an educational system that not only imparts knowledge but also nurtures the ethical, moral and legal uprights of our future generations. This book is the first volume of a series of books titled “LEGALLY UPRIGHT : Implication of Court Management of Education In India”. The genesis of this book has been based upon the need of transparency , compliance and avoid violations of law and hence ensuring legally upright educational institutions. The author has felt the need of scripting the book titled as ‘Legally Upright`in view of the need to support the management of educational institutions to establish, run, manage, monitor and govern the ecosystem in compliance of the laws of the land. This book will provide comprehensive and systematically arranged interpretation of laws with simple ways of implementation into the ecosystem to mitigate risk of possible default or violation. As we know that the education in India is charitable in nature, often people end up running the same as profitable business and hence commit violation of law. All these educational institutions including schools, colleges, universities and also medical colleges are allowed to develop, run and manage through and under charitable trusts, societies and companies under section 8 of income tax Act. The income tax act also promotes welfare of society through these trusts, societies and companies by way of various exemptions in taxation but these entities sometimes are used as a tool to avoid and evade taxation. It is widely seen and felt that in many cases, the investors in educational institutions are not necessarily the experts of educational and legal domains. The investors and managements of educational institutions are undoubtedly playing a highly important role in the growth of country by providing quality education to the masses. The private investors and managements are also supporting the government of the country in ensuring delivery of education till last mile or last student / citizen. In the current scenario where there is notable difference in the performance of independently developed and managed educational institutions & government run establishments, it becomes all the more important to support them by providing them all possible necessary information, guidance, way forward and knowledge of legal and constitutional provisions. The book in hand will help the readers to have some of the readily available important judgements by hon`ble courts. The book contains some of the very important landmark and directional judgements by Hon`ble High Courts and Hon`ble Supreme Court of India which can and need to be referred continuously in providing necessary guidance to the managements of such independently developed and run institutions and also will help government machinery to designs proper framework in the ecosystem. This book will help the leaders and managers engaged in the field of education to understand the implications of such judgements. The growth of any educational institution depends upon how it is being managed and run with regard to legal provisions of running such system based on the laws of land. The book will help education leaders in ensuring effective implementation of such judgments to remain in compliance and avoid violation of laws governing such ecosystem. This book may prove to be an asset for the readers who are engaged in any capacity to manage education ecosystem in India as they will not only understand the need but also can ensure proper compliance. The author has been an innovative educationist with over 30 years of rich experience and specialized in establishing new projects (from Pre-school to University), developing SOPs, Protocols , Recruitment, Training , Monitoring & Governance of large no. of Educational Institutions globally. He has successfully developed highly effective tools and techniques in the area of governance and helped in monitoring of the Educational Institutions. Hence is an expert in revitalization of the under – performing institutions. He has successfully transformed and turned around a large number of underperforming educational institutions, touching almost all states of the country. Besides having practically established and guiding the management of a large number of institutions directly, is also a renowned author. He has published many books in the field of education and has been awarded with the’ India Book of Records’ for his book ‘Shikshaprayogi’. The book ‘Legally Upright’ is intended to benefit all the trusts/societies and companies engaged in developing, managing and running educational institutions. The readers may find the contents of this book entailing the landmark judgements of hon`ble courts along with simple, concise and easily understandable ways of implications in simple language so that they can ensure utmost compliance of the laws in their educational institutions. Though utmost care has been taken in explaining the implications of court judgements but still the readers are advised to refer to the original judgements of hon`ble courts. Dr.Prabhat Kaushik