Know All About Government Guidelines for Regulation of Coaching Centers

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Pune, 20th January 2024: In a bid to address the pressing issues surrounding private coaching centres, the Department of Higher Education, Ministry of Education, Government of India, has released comprehensive guidelines for the regulation of coaching centres across the country. The move comes in response to concerns about rising student suicides, fire incidents, and the lack of standardized teaching methodologies in these centres.

Background:
The exponential growth of unregulated private coaching centres has been a cause for alarm, with reports of exorbitant fees, undue stress leading to student suicides, and various malpractices. The government has been actively engaged in addressing these concerns through parliamentary debates and discussions. The issue gained further attention with a PIL in the Supreme Court (WP No. 456 of 2013) filed by the Student Federation of India.

Government Initiatives and National Education Policy 2020:
The Department of Higher Education has, over the years, urged States and Union Territories to take action for the regulation of coaching centres. The recently announced National Education Policy 2020 emphasizes a shift from the prevalent ‘coaching culture’ and aims to eliminate the need for coaching classes through reforms in board and entrance examinations.

Model Guidelines:
The proposed guidelines aim to establish a regulatory framework for coaching centres, emphasizing the need for better guidance, assistance, and overall student well-being. The key provisions include:

Conditions for Registration

(i) No coaching center shall –

(a) engage tutors having qualification less than graduation.

(b) make misleading promises or guarantee of rank or good marks to parents/students for enrolling them in the coaching center.

(d) publish or cause to be published or take part in the publication of any misleading advertisement relating to any claim, directly or indirectly, of quality of coaching or the facilities offered therein or the result procured by such coaching center or the student who attended such class.

(e) be registered, if it has less than minimum space requirement per student.

(f) hire the services of any tutor or person who has been convicted for any offence involving moral turpitude.

(g) be registered unless it has counselling system as per the requirement of this guidelines.

(ii) coaching center shall have a website with updated details of the qualification of tutors, courses/curriculum, duration of completion, hostel facilities (if any), and the fees being charged, easy exit policy, fee refund policy, number of students undertaken coaching from the center and number of students finally succeeded in getting admission in Higher Education Institutions etc.

(iii) coaching center shall adhere to the various laws, rules, regulations etc. including separate registration as applicable in the local jurisdiction

Fees
(i) The tuition fees for different courses/curriculum being charged shall be fair and reasonable and receipts for the fee charged must be made available.

(ii) The coaching center must issue a prospectus mentioning the different courses/curriculum, their duration of completion, number of classes, lectures, tutorials, hostel facilities (if any), and the fees being charged, easy exit policy, fee refund etc. These details shall also be displayed at prominent and accessible place in the premises of the building.

(iii) The prospectus, notes and other material shall be supplied by the coaching center to their enrolled students without any separate fees thereof.

(iv) If the student has paid for the course in full and is leaving the course in the middle of the prescribed period, student will be refunded from out of the fees deposited earlier for the remaining period, on pro-rata basis within 10 days. If the student is staying in the hostel of the coaching center, then the hostel fees and mess fee etc. will also be refunded.

(v) Under no circumstances, the fee on the basis of which enrolment has been made for a particular course and duration shall be increased during the currency of the course.

Infrastructure Requirements
(i) Within the basic structure of the coaching center, a minimum one square meter area may be allocated for each student during a class / batch. There shall be sufficient infrastructure in proportion to the number of students enrolled.

(ii) The coaching center building shall adhere to fire safety codes, building safety codes and other standards and shall obtain a Fire and Building Safety Certificate from the appropriate authorities as decided by appropriate government.

(iii) For the assistance of the students, coaching center shall have first aid kit and medical assistance/treatment facility. List of referral services like hospitals, doctors for emergency services, police helpline details, fire service helpline, women helpline etc. shall be displayed and the students shall be informed about them.

(iv) The coaching center building shall be fully electrified, well ventilated, and sufficient lighting
arrangements shall be made in each classroom of the building.

(v) Safe and potable drinking water shall be available for all students and staffs of the Center.

(vi) The coaching center may be suitably fitted with CCTV cameras wherever required and security shall be well maintained.

(vii) A complaint box or register may be placed at the coaching center for the students to raise a
complaint. Coaching center shall have committee for redressal of complaints / grievances of
students.

(viii) Provision of separate toilets for males and females shall be made within the coaching center
building premises.

Counselors and Psychologists Support
(i) Due to high competition and academic pressure on students, coaching centers should take steps for mental wellbeing of the students and may conduct classes without putting undue pressure on its students. Also, they should establish the mechanism for immediate intervention to provide targeted and sustained assistance to students in distress and stressful situation.

(ii) The competent authority may take steps to ensure that a counseling system be developed by the coaching center and is easily available for the students and parents. Information about the names of psychologists, counselors, and the time they render services may be given to all students and parents. Trained counsellors could be appointed in the coaching center to facilitate effective guidance and counselling for students and parents.

(iii) Coaching centers are encouraged to involve counselors and experienced psychologists to counsel and provide psychotherapeutic service to students for the resolution of mental stress and depression.

(iv) Career counselors may be onboarded to assess the student’s interest, aptitude and capability, and accordingly guide and counsel the students and their parents with realistic expectations to
choose the best career option.

(v) Regular workshops and awareness weeks may be arranged for parents, students and teachers on mental health and prevention of stress by the coaching center. It should also focus on basic training in health, good nutrition, personal and public hygiene, disaster response and first-aid as well as scientific explanations of the detrimental and damaging effects of alcohol, tobacco, and other drugs. The matter of positive parenting should also be stressed upon in the interaction session organized for parents by the center in the context of students’ mental health, resilience and responsible self-care

(vi) Tutors may undergo training in mental health issues to convey information effectively and
sensitively to students about their areas of improvement.

(vii) As part of counselling the coaching center should establish peer group interaction. Coaching
center may organize group-based curricular exercises in discussions, competitions and projects.

(viii) The doubts of student shall be resolved by those tutors who have taught in the class so that
student feel satisfied.

Inclusivity and Accessibility
(i) The coaching center shall not discriminate against any applicant / student on the basis of religion, race, caste, sex, place of birth, descent etc. during the admission and teaching process.

(ii) Special provisions may be made by the coaching center to encourage greater representation of
students from vulnerable communities such as female students, students with disabilities, and
students from marginalized groups.

(iii) The coaching center building, and the surrounding premises shall be Divyang-friendly and
in compliance with the provisions of the Rights of Persons with Disabilities Act, 2016.

(iv) Tutors may be sensitized regarding learning disabilities and make students with learning
disabilities feel comfortable.

(v) Divyang-friendly provisions such as braille, e-readers, and toilets etc. may be made wherever
possible.

(vi) Support classes may be provided to students with disabilities who require additional support
in their academics.

(vii) Batch segregation on academic performance ground shall not be done, as it leads to excessive pressure on the students affecting their mental health. Batches should be formed in the order of entry / admission of students and the batch shall not be changed till completion of the course.

Disposal of complaints
(i) A complaint may be filed before the competent authority against the coaching centers by the student, parent or tutor / employee of the coaching center and against the students / parents by the coaching centers. The complaints shall be disposed of within thirty days by the competent authority or by an inquiry committee constituted for the purpose by appropriate government.

(ii) After giving opportunity of hearing on the report of the competent authority or the inquiry committee as the case may be, the competent authority shall impose penalty or take action for cancellation of registration.

Penalties
(1) The competent authority shall have power of the civil courts. The competent authority shall have such power which is vested in the courts under civil procedure code 1908 (Central Act no. 5 of 1908) for consideration of any suit namely:-

(i) to accept evidence with proof through affidavit;

(ii) to summon and to enforce attendance of any person, and his examination on oath;

(iii) to enforce production of records; and

(iv) to award cost,

(2) In case of violation of any of the terms and conditions of registration or general conditions, the
coaching center shall be liable for penalties as follows:

(i) Rs 25,000/- for first offence

(ii) Rs. 1,00,000/- for the second offence

(iii) 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 concerned competent authority is satisfied that the coaching center has contravened any of the provisions of the guidelines or violated any of the terms and conditions subject to which the registration was granted:

Provided that, no such order shall be passed by the competent authority without giving the holder of such certificate a reasonable opportunity of showing cause against the proposed order.

The guidelines aim to provide a comprehensive framework that States and Union Territories can adopt for implementation through appropriate legal channels.