Education law in india
Education law in india

Education being a Legal right under Article 21A of the Indian constitution has allowed the education industry in India to grow tremendously. It’s the highest CSR-funded field with ₹2669 Crores being spent in this sector by corporations. This sector includes training and special learning to enable the population to be fairly educated and skilled. Due to Covid-19, the rise in ed-tech companies has taken the country by storm.

Moreover, Private as well as Government schools have been incorporating new technologies in their curriculum to ensure quality education for students with every type of learning pace and methodology. These details within the education sector are regulated by different mechanisms and different bodies to provide justice in situations of different concerns.

Our Services

The KSK team ensures focuses on individual requirements of each type of educational institution are met from the documentation required to set-up the institution to the protection of intellectual property of ed-tech ventures through services like

  1. Strategizing and implementing plan for setting up the institution
  2. Acquiring Licenses and regulatory approvals
  3. Due Diligence
  4. Dispute resolution
  5. Data protection
  6. Drafting and vetting agreements and other documents
  7. Ensuring compliance
  8. Enforcement of Intellectual Protection rights
  9. Legal advisory
  10. Project Financing
  11. Taxation

Key Highlights

  • Licenses and Regulatory Approvals: Our legal experts assist in acquiring the necessary licenses and regulatory approvals, facilitating compliance with the legal requirements for educational institutions.
  • Due Diligence Services: KSK provides comprehensive due diligence services, offering a meticulous examination of legal aspects to ensure transparency and mitigate potential risks.
  • Dispute Resolution: Our legal team is adept at handling dispute resolution matters specific to the education sector, promoting amicable resolutions and minimizing disruptions.
  • Data Protection Compliance: We ensure that educational institutions adhere to data protection laws, safeguarding sensitive information and maintaining compliance with privacy regulations.
  • Agreement Drafting and Vetting: KSK excels in drafting and vetting various agreements relevant to the education sector, ensuring legal clarity and protecting the interests of educational institutions.

Key Professionals

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What Are The Laws For Education In India??

There are several acts under the education sector of India broadly divided based on level of education and method of education, the divisions are given by the Ministry of Education, Government of India as:

Acts pertaining to university & higher education such as University Grants Commission Act, 1956, The National Minority Educational Institutional Act, and Central Universities Act, 2009;
Acts pertaining to technical education such as the School of Planning and architecture Act, 2014, National Institutes of Technology Act, 2012;
The distance learning act, Indira Gandhi Open University Act, 1985;
Book promotion & copyright acts are Copyright Act, 1957 & Copyright Amendment Act 2012

How Do I Register A School With The Ministry Of Education?

The Ministry of Education through its National Government Services portal provides a digital mechanism to register a school under the Department of School Education via a School Registration form and provides a detailed procedure thereafter. The portal can be used for multiple query resolution and digital assistance for registrations and other services adopted by the Ministry of Education to further its primary objective. Multiple certifications need to be obtained while registering for a school, such as:

Certificate of registration of society;
Certificate of recognition;
Certificate of upgradation;
Certificate of Affiliation;
Health certificate;
Site plan approval affidavit;
And several other mandatory certifications and reports need to be obtained to be eligible to open a school.

What Classifies An Ed-Tech Start-Up In India?

Any education technology created and implemented by a company to help students learn and improve education outcomes through the application of such technology would classify as Ed-tech and the company creating and disseminating the technology would be the Ed-tech start-up. There are over 100 Edtech start-ups as of 2022 in India, valued as a $2 billion industry and it is the third most funded sector.

Regulatory Framework For Ed-Tech Companies

Though there is no specifically dedicated provision of legislation for such companies, some general regulations under Company Laws, Intellectual Property Laws, Consumer protection laws, data protection laws and Education laws apply to the industry, alike an institute and a service-based company, since it’s an amalgamation of both.

Ed-Tech Companies Under The Consumer Protection Rules

Consumer Protection Act, 2019, focuses on the issues that arise due to the usage online modes of transaction in the field of e-commerce, whereas the Consumer Protection E-Commerce Rules, 2020 provides a set of rules and regulations in the interest of fair trading of goods and services through the electronic mediums. Since Edtech companies are quintessentially offering goods and services to the consumers, they fall under the purview of these rules for the protection of consumers from the advantageous position of these companies.