Education

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.

Services Offered from ksandk in Education Law in India:

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  

FAQs

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:

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

 

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:

  1. Certificate of registration of society;
  2. Certificate of recognition;
  3. Certificate of upgradation;
  4. Certificate of Affiliation;
  5. Health certificate;
  6. Site plan approval affidavit;

And several other mandatory certifications and reports need to be obtained to be eligible to open a school.

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.

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.

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.

HOW CAN WE HELP?

The Firm has a team of lawyers who hold expertise in Education Sector and is in position to provide you with unrivalled expertise on your Education legal assistance needs.
LITIGATION
The Litigation Team of the firm predominantly involves catering to the needs of Indian and Multinational clients
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REGULATORY
We regularly represent corporate and individual clients before state and central administrative agencies

King Stubb & Kasiva

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