Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com KARNATAKA EDUCATIONAL INSTITUTIONS (CLASSIFICATION, REGULATION AND PRESCRIPTION OF CURRICULA, ETC) RULES, 1995 CONTENTS 1. Title and commencement 2. Definitions 3 . Prescription of classes relating to Primary and Secondary Education for the purpose of clauses (25) and (32) of Section 2. 4 . General regulations relating to buildings of Educational Institutions. No educational institution or part thereof shall function in a building, unless 5 . General regulations relating to minimum accommodation perstudent, furniture, etc 6 . Provision of drinking water, toilet and other facilities. Everyeducational institution shall provide 7. Time for providing facilities to existing institutions 8. . 9. Provision of staff 10. Collection of fees 11. Provision of Uniform, Clothing, Text Books, etc 12. Parent-Teacher Committee 13. Regulation of admission 14. Procedure for admission 15. Violation of Rules regarding admission fees, or any provisioiin the Act or Rules by the Institution 1 6 . Constitution and functions of District Level Education Regulating Authority. 17. Provision for appeal 18. Working days and working hours of Educational Institutions 19. Curricula 20. Limits relating to home work 21. Relaxation of rules KARNATAKA EDUCATIONAL INSTITUTIONS (CLASSIFICATION, REGULATION AND PRESCRIPTION OF CURRICULA, ETC) RULES, 1995 Whereas, the draft of the Karnataka Educational Institutions (Classification, Regulation and Prescription of Curricula) Rules, 1995 was published in Notification No. ED 116 VIVIDHA 95, dated 14th November, 1995 in Part IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 14th November, 1995, inviting objections and suggestions from the persons likely to be affected thereby; And whereas, the said Gazette was made available to the public on 14th November, 1995. And whereas, the objections and suggestions received in this regard have been duly considered by the State Government. Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 145 of the Karnataka Education Act, 1983 (Karnataka Act 1 of 1995) the Government of Karnataka hereby makes the following rules, namely:- 1. Title and commencement :- (1) These rules may be called the Karnataka Educational Institutions (Classification, Regulation and Prescription of Curricula, etc.) Rules, 1995. (2) They shall come into force from the date of publication in the Official Gazette. 2. Definitions :- In these rules unless the context otherwise requires. (a) "Act" means the Karnataka Education Act, 1983, (Karnataka Act 1 of 1995); (b) "Pre-primary Education" means informal education below first standard for children between the ages three and five years by whatever name it is called, like play home, kindergarten, nursery, etc. 3. Prescription of classes relating to Primary and Secondary Education for the purpose of clauses (25) and (32) of Section 2. :- (a)'Primary Education' shall have classes from I to VII standard; with I to TV as lower primary and V to VII as upper primary; (b)'Secondary Education' shall have classes from VIII standard to X standard. 4. General regulations relating to buildings of Educational Institutions. No educational institution or part thereof shall function in a building, unless :- (a) it is located in healthy and sanitary surroundings; (b) it is built with safe roof and structure; (c) it is built in such a way as to ensure sufficient air and light both inside the classrooms and in the staircase, corridors and alleys; (d) the height of the building from the floor to the ceiling in each storey is more than eight feet; (e) it is of not more than seven storeys from the ground level; (f) where it is of more than one floor from the ground level, safe and proper staircases are provided; (g) where it is of more than three storeys from the ground level, proper and safe lift facility is provided; (h) it is not used in any part of the day, week, month or year, for any purpose other than for the furtherance of education. 5. General regulations relating to minimum accommodation perstudent, furniture, etc :- (1) Every building of an educational institution shall provide adequate and proper accommodation which shall ensure. (i) a separate class room for each division/section of a standard; in the case of primary schools a separate classroom for each teacher; (ii) carpet area for each student of not less than six square feet; (iii) separate rooms, one for the chambers of the head of the institution, one for the staff-room and one for general office; (iv) separate accommodation for library, reading room and stores, in institutions imparting secondary and higher education. (2) Every educational institution shall provide sufficient area for playground, enough for all the students in the institution to assemble, and to play and watch at least two outdoor games at one time. (3) All the class rooms, chambers, staff rooms, office room, library, reading room and stores shall be equipped with appropriate furniture of good quality material. 6. Provision of drinking water, toilet and other facilities. Everyeducational institution shall provide :- (1) Safe and potable drinking water in quantities sufficient for all the students, located at convenient points within the building. (2) Adequate toilet facility, urinal accommodation, dining hall and canteen within the premises of the institution and maintained in good sanitary condition, ensuring sufficient water supply at all points. Provided that toilet facility and urinal accommodation shall be provided separately for boy students and girl students. 7. Time for providing facilities to existing institutions :- All the educational institutions existing as at the date of commencement of this rules shall provide the facilities specified in Rules 4, 5 and 6 within three years from such commencement. No new educational institution shall begin classes unless it has substantively complied with all the provisions of Rules 4, 5 and 6. 8. . :- Fencing of dangerous places within the premises are fenced around for the safety of students. 9. Provision of staff :- (1) Every recognised educational institution shall appoint only qualified teachers and other staff as specified in the recruitment rules notified by the State Government or the Competent Authority authorised in this behalf. (2) In case of primary schools there shall be a minimum of one teacher for every forty students or fraction thereof. (3) In case of secondary schools and higher institutions the teachers shall be appointed as per the staff pattern specified by the State Government from time to time. 10. Collection of fees :- (1) The procedure for collecting fee in all classes from pre-primary upto the degree level in all recognised educational institutions shall be open, transparent and accountable. (2) The fees to be collected shall be classified as. (a) Term Fees (b) Tuition Fees (c) Special Development Fees (3) (a) Term Fees. (i) No term fees shall be collected from pre-primary and lower primary students; (ii) In upper primary and higher classes, term fees shall be collected at the rate specified by the State Government or the Competent Authority authorised in this behalf through a notification and shall be collected only for the items listed in the said notification; (iii) Term fees collected by the recognised educational institutions for each term from the students shall be subject to exemptions made by the State Government from time to time in this regard. (b) Tuition fees. (i) In case of Government and recognised private aided institutions tuition fees shall be collected only from the failed students at the rates specified by the State Government or the Competent Authority authorised in this behalf; (ii) In case of recognised private unaided institutions tuition fees may be collected from all the students which shall be commensurate with the expenditure incurred towards salary of staff and the quality of education provided by the institution. (c) Special Development fees. Special development fees may be collected. (i) In the case of a recognised aided educational institution upto a maximum of Rs. 300/- per year; (ii) In the case of a recognised unaided educational institution upto a maximum of Rs. 600/- per year. (4) Every recognised private educational institution shall maintain a brochure showing the details of items of fees and the amount of fees prescribed for each item. The same shall be displayed prominently on the notice board of the educational institution for the information of parents and students. (5) The fee specified shall not be varied to the disadvantage of the parents in the middle of the academic year on any account. (6) Details of specified fee together with the brochure shall be sent to the Departmental Authorities for information. The specified fee may be collected in cash if the amount of fee is less than Rs. WOO/- and if such amount is Rs. WOO/- and above, either by cash or Demand Draft at the option of the parent. It shall be the duty of the Head of the Institution to issue official fee receipts for all fees received and it shall be delivered immediately on production of cash o r Demand Draft as the case may be to the person making the payment. The receipt shall however be issued in the name of the student concerned. (7) While specifying the fee structure, provision shall be made to make payment of the fee in monthly, quarterly, half-yearly instalments or in one lumpsum at the option of the student or his parent. (8) The amount of fee collected amount under different items shall be accounted as per specified procedure. The items due to be remitted to the State Government under term fees and tuition fees should be remitted immediately after collection and the remaining amount pertaining to items of fees under term fees shall be kept in the official Personal Deposit Account of the Head of the Institution. The Personal Deposit Account shall be opened for this purpose in any Post Office or any Nationalised Bank located in the surrounding of the institution. All receipts on account of tuition fee (in respect of recognised private unaided institutions) and the special development fees shall be kept in the official joint account of the Head Master and the Secretary/President of the managing committee. All the amount of fees collected shall be accounted and the accounts shall be produced before the Competent Authority for verification at the time of visits and inspections. The Head of the Institution shall be responsible for safe custody of funds, its proper accounting and for production of the accounts for verification before the concerned authorities. (9) Compelling students to attend any tutorial class, payment of fees, beyond the normal working hours of a class in a recognised educational institution is prohibited. 11. Provision of Uniform, Clothing, Text Books, etc :- \\ (1) Every recognised Educational institution may specify its own set of Uniform. Such uniform once specified shall not be changed within the period of next five years. (2) When an educational institution intends to change the uniform as specified in sub-rule (1) above, it shall is ue notice to parents in this regard at least one year in advance. (3) Purchase of uniform clothing and text books from the school or from a shop, etc., suggested by school authorities and stitching of uniform clothing with the tailors suggested by the school authorities, shall be at the option of the student or his parent. The school authorities shall make no compulsion in this regard. 12. Parent-Teacher Committee :- (1) It shall be the duty of the Head of every recognised educational institution, to constitute a Parent-Teacher Committee within thirty days of the commencement of each academic year. (2) Till a committee is constituted under sub-rule (1) the committee constituted in the preceding academic year shall continue in function. (3) The Parent-Teacher Committee for each educational institution shall consist of the following. (a) Three representatives of the parents of the students who have studied upto S.S.L.C. or above of whom one shall be a woman and they shall be selected from among the willing parents; (b) The Head of the institution; (c) Three class teachers in the institution selected by rotation; (d) the Secretary of the Governing Council of the Educational Institution. (4) Whereas, the members of the Parent-Teacher Committee specified by clauses (b) and (d) of sub-rule (3) shall be ex officio, the members selected under clause (a) and (f) of sub-rule (3) shall hold office, for the period till the next committee is constituted under sub-rule (1). (5) The functions of the Parent-Teacher Committee shall be as follows. (a) to redress the grievances of the students and their parents, if any; (b) to devise such action programmes as could be conducive for a healthy student-teacher, parent-teacher, teacher-management, parent-management relations; (c) any other activity conducive to the welfare of the students. (6) The Secretary of the Governing Council shall be the Chairman of the Parent-Teacher Committee. (7) The Head of the Institution shall be the Member-Secretary of the Parent-Teacher Committee. He shall call for all the meetings of the committee, draw up proceedings of the Board and give effect to the decisions of the committee under the orders of the Chairman of the committee. All the proceedings of the committee shall be authenticated by the Chairman. The correspondence and other secretarial activities shall be carried on by the Member-Secretary. (8) Every decision of the Parent-Teacher Committee shall be taken by an ordinary majority of the elected members present and voting. In case of equality of votes, the Chairman shall have a casting vote. (9) The Parent-Teacher Committee shall meet atleast once in three months in the premises of the educational institution. If the Chairman is unable to attend such quarterly meeting, he shall authorise some other member to chair such meeting. (10) Meeting notice shall be despatched to the members of the Parent-Teacher Committee at least ten days in advance. The quorum for the meeting shall be one-third of the total members of whom at least one shall be a parent-member. (11) The first meeting of every duly constituted Parent-Teacher committee shall be held on the day of its constitution. An order constituting the committee shall be issued by the Head of the Institution. (12) Meetings of the Parent-Teacher Committee shall be held during working hours of the school within the premises of the Institution. 13. Regulation of admission :- (1) The State Government or the Competent Authority authorised in this behalf shall by notification specify the minimum and the maximum number of students to be admitted in a recognised educational institution subject to the provisions of these rules. (a) For primary including upper primary schools the maximum admissions shall be Fifty students for each class; (b) For secondary schools the minimum admission shall be thirty students and the maximum admission shall be sixty students in each class; (c) For Pre-University College, First Grade College and other Institutions of higher learning the minimum admissions shall be thirty students and the maximum admissions shall be one hundred for each class: Provided that in case of minority educational institutions the minimum admission for any class shall be fifteen. (d) Notwithstanding anything contained in these rules, in case of private aided institutions from primary and upto first grade college the maximum and minimum number of admissions for each class shall be as stipulated in the Grant-in-Aid rules. (2) The State Government or the Competent Authority shall by notification, specify the conditions of admission regarding eligibility, minimum age, migration, removal of students, etc., in any recognised educational institution or class of such institutions. (3) The State Government or the Competent Authority shall by notification specify the method of admission to various courses, classes and categories of educational institutions. 14. Procedure for admission :- (1) The procedure for admission for any class or institution shall be open and transparent. (2) Admissions shall commence after a notification is issued and displayed prominently in the premises of the educational institution, inviting applications for admission and specifying the number of seats available for admission. Application forms shall be made available to the parents for at least five working days of not less than four working hours each. The parents shall be given a minimum of three working days of not less than four working hours each for registering the application form. The dates and working hours shall be clearly notified on the Notice Board. The application fee prescribed if any shall not exceed five rupees. In addition a brochure containing all the details may be made available to the parents at their option, the cost of which shall not exceed twenty rupees. (3) Every recognised educational institution imparting education from pre-primary upto degree level and situated within a larger urban area or smaller urban area shall admit in each year such number of students not exceeding twenty five per cent of its total intake in each class as may be specified by the State Government from time to time. Explanation. "Larger Urban Area" and "Smaller Urban Area" means the area specified as such under the Karnataka Municipal Corporations Act, 1976, and the Karnataka Municipalities Act, 1963: Provided that if sufficient number of such students are not available within the specified area, the educational institution may admit students from other areas. (4) The State Government while specifying the percentage of students and the distance under sub-rule (3), shall have regard to. (i) the density of population in the vicinity of the educational institutions; (ii) the location of the educational institution; (iii) the availability of transport facility to school going children residing in the locality where" educational institution is situated; (iv) the existence or other similar educational institutions in the same area. (5) Every recognised educational institution from pre-primary upto degree level which is established, maintained or aided by the State Government shall make provision for reservation of seats for candidates belonging to Scheduled Castes and Scheduled Tribes and other Backward Classes as per Government orders in forte from time to time. (6) Every process of admission from pre-primary upto degree classes in educational institutions allowing co-education, shall ensure that fifty per cent of the total available seats in each institution in each category and reservation group shall be reserved for girl students. If no sufficient number of girl students are available for admission against such reservation the unfilled seats may be treated as unreserved: Provided that provisions of sub-rules (5) and (6) shall not apply to minority educational institutions to the extent of admissions made by these institutions from among their own community students. (7) During the month of April of every year the Head of the educational institution shall display on the notice board the details regarding the calendar of events detailing the various stages involved in the admission process like date of issue of applications, last date fixed for receipt of applications, mode and place of issue of application forms, date of announcement of list of selected candidates, last date for admission, etc. The process of admission shall be conducted accordingly. (8) The Head of the educational institution shall along with the calendar of evenfs also display on the notice board the details regarding the number of seats available for each class, the fee structure specified and the criteria specified for selection of candidates. (9) The parent/guardian shall tender the application in person and get proper acknowledgement from the institution. The Head of the educational institution shall enter particulars of every such application in the 'Register of applications' maintained for that purpose, in the order of their receipt. (10) The Head of the educational institution shall prepare a list of all eligible candidates who have registered for admission in the institution. Separate sub-lists shall also be prepared in respect of candidates of the Scheduled Castes and Scheduled Tribes and Other Backward Classes as the case may be. Evely candidate shall be allotted a registration number. (11) The lists of eligible and rejected candidates containing the name and registration number shall be published on the Notice Board of the institution, inviting objections from any aggrieved party within a date to be specified in the notice so however that a minimum of five working days shall be allowed for filing objections. The objections received shall be registered and proper acknowledgements shall be issued. After considering the objections a final list shall be prepared and published on the Notice Board. (12) (a) The Managing Committee shall from among the list of eligible candidates as published in sub-rule (11) and according to provisions made in sub-rules (2) to (7) shall prepare a list of selected candidates. Separate sub-lists shall also be prepared for each reservation groups in each category as per provision. (b) In case of admissions to secondary, pre-university and degree courses the Head of the educational institution shall after taking into consideration the total number of seats available for admission in the institution shall allocate eighty per cent of such seats for admission through merit and allocate remaining twenty per cent for admission by the management. (c) The procedure for selection shall be as follows. (i) The Head of the educational institution, shall from among the list of eligible candidates published under sub-rule (11) and according to provisions made in sub-rules (2) to (7) and further taking into consideration the marks secured by the student in the qualifying examination prepare a list of selected candidates in the order of merit. Separate lists shall be prepared for each reservation group; (ii) The Managing Committee shall from among the list of eligible candidates published under sub-rule (11) prepare a list of selected candidates on the basis of merit. (d) Admissions to all classes shall be made on the basis of selection lists so published. If any of the seats remain unfilled even after the exhaustion of the list, the procedure as specified above shall be repeated till after all admissions are completed. (13) Educational institutions which are composite in nature shall make admissions to higher classes run by the same educational institution upto and inclusive of secondary level only to the extent the seats in such higher classes are rendered vacant by the students or their parents voluntarily refusing admission for higher classes. A student admitted to lower kindergarten course or any other course which forms the initial course in that educational institution shall have a right continue his studentship in the same educational institution upto and inclusive of secondary level provided he passes the terminal or the public examinations. In case of composite educational institution involving pre-university and degree courses admissions to pre-universi course shall be completed in accordance with clauses (b) and (c) sub-rule (12) provided that a provision of fifteen per cent concession the cut-off percentage shall be allowed to the students of that institution and students of sister institutions run by the same management. The admission to degree courses shall be automatic, subject to the student passing the terminal or public examination. The institution authorities shall have no right to ask the student to quit the educational institutic on any ground including his poor performance in examination, provide he has secured a pass in the examination. (14) These rules shall apply to all admissions made by an educational institution not only to the initial course or standard appeared in that institution but also to admissions made to addition sections in any standard or course whether existing or newly opened (15) Notwithstanding anything contained in these rules, the practice of institutions conducting interviews or tests or both to students or parents or both for admissions upto primary level is expressly prohibited (16) The Head of the educational institution shall be responsible for the strict compliance of provisions of this rules. He shall maintain a records concerning admissions and shall produce them for verification before the inspecting authority during visits and inspections. Any deviation or violation of rules noticed by the inspecting authority sha be referred to District Level Education Regulating Authority. 15. Violation of Rules regarding admission fees, or any provisioiin the Act or Rules by the Institution :- (1) Any parent who aggrieved by. (a) violation of any of the provisions of these rules with respect to admissions by the institutions; (b) violation of any of provisions of these rules with respect to collection of fees; may file a petition in writing to the District Level Education Regulation Authority constituted under Rule 17. (2) The District Regulating Authority may also suo moto or on complaint made by any person interested orally or otherwise make a enquiry to satisfy themselves as to the correctness of the complaint and may pass as if may consider fit, after giving an opportunity to the party adversely affected by it an opportunity of making representation.] 16. Constitution and functions of District Level Education Regulating Authority. :- (1) There shall be a District Level Education Regulating Authority (hereinafter called the Regulating Authority), for every district consisting of the following members, namely. (a) Deputy Commissioner of the District :- Chairman (b) Chief Executive Officer Zilla Panchayat :- Member (c) Executive Engineer, Zilla Panchayat :- Member (d) Deputy Director Pre-University Education, Department of the Concerned District. :- Member (e) Deputy Director of Public Instruction of the Concerned District :- Member Secretary. (2) The State Government may by notification, constitute an Additional Authority in a District having provisions of Rules 3 to 8 shall apply mutatis mutandis to additional Regulating Authority. (3) The terms of reference of the Regulating Authority shall be as follows. (i) Jurisdiction; The authority shall have jurisdiction over all the instances pertaining to violation of the rules by the Educational Institutions Consisting of Pre-primary and Secondary Institutions in a District. (ii)Term of reference; 1. The authority shall have power to investigate into all the instances as contemplated in Rule 15. 2. The authority shall act in accordance with the provisions of sub- rules (4) to (9) of this rule. (iii) \Conduct of meetings. 1. The Chairman shall preside over all the meetings of the authority. 2. The quorum of meeting shall be three. 3. Notice for the meeting shall be issued by the Chairman, seven days in advance.] (4) Every petition shall disclose details of violation and shall also cite evidence of such violation. Petitions without concrete evidence may be rejected by the Regulating Authority and endorsement may be given in this regard to the parent. The petition shall be affixed Court Fee Stamp of value Rupees ten and shall be delivered in person to the Regulating Authority or sent by registered post and proper acknowledgement obtained. (5) The Regulating Authority shall devise its own procedure in conducting the enquiry. If found necessary the members of the Regulating Authority may visit the institution concerned, make local enquiry and ascertain the factual position regarding the petition filed by the parent upon examining the evidence stated in the petition and other records with a view to verifying the truth of the petition. Sufficient opportunity shall be given to the management of the educational institution and the parent to substantiate their plea. (6) Every decision of the Regulating Authority shall be taken by an ordinary majority of the members present and voting. (7) In case of equality of votes the Chairman shall have the right to exercise a second or casting-vote. (8) The quorum for the meeting shall be three of whom at least one shall be a parent-member. (9) The decision of the Regulating Authority shall be communicated to the institution in writing by the Chairman and he shall pass an order to this effect which shall be binding. 17. Provision for appeal :- Any educational institution or parent aggrieved by the decision of the Regulating Authority may file an appeal before the Commissioner for Public Instruction who shall act as the Appellate Authority in this regard. The decision of the Appellate Authority shall be final and binding. 18. Working days and working hours of Educational Institutions :- (1) Except to the extent provided by these rules, the working days and working hours of educational institution shall be as may be specified by the Competent Authority. (2) All educational institutions from pre-primary to secondary education shall work for 51/2 hours a day excluding the duration of interval and 51/2 days in a week from Monday to Saturday, Saturdays being half-days having morning classes, (3) The timing of working hours in any educational institution shall be determined by the concerned school authority taking into consideration the convenience of the students and prevailing local conditions. The Department shall be informed accordingly. 19. Curricula :- (1) The Competent Authority shall specify curricula for each course or class, subject to the provisions of these rules. (2) The curricula specified by the Competent Authority shall not be a burden to the students particularly at the primary level. It shall be in accordance with the objectives both short term and long term specified by the Government or the Competent Authority from time to time. (3) Educational institutions following state syllabus any other pattern shall strictly adhere to the curricula and text books prescribed by the concerned Competent Authority. The institution shall not specify any additional curricula or text books of whatever nature. (4) The specified curricula shall, as far as practicable, make efforts towards group exercises and group achievements and inculcation of moral values. 20. Limits relating to home work :- The home work given to students shall be the barest minimum particularly at the primary level. As far as practicable the home work should be of such type that it brings out the creative talent of the student, without having to repeat from the text books or the class notes. 21. Relaxation of rules :- The State Government or any other authority specified by the State Government in this behalf, may relax the provisions of these rules or exempt from the application of the provisions of these rules, in respect of any person or educational institution or class of persons or class of educational institutions, if the State Government or such authority is satisfied that the operation of any such rule or rules causes an undue and avoidable hardship to such persons or educational institutions.