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Centre for Public Policy Research 1
Working Paper series on Education
PRAGMATIC PARADIGM OF SETTING UP SCHOOLS –
KERALA EXPERIENCE
*
By
Madhu S & D.Dhanuraj
Supported by a grant from Centre for Civil Society, New Delhi
June 2007
Centre for Public Policy Research
Nadakkavu Post, Cochin
Ernakulam District, Kerala India – 682 307
Website: www.cppr.in
Email: cppr@cppr.in
Tel: 91 4846469177, 91 9868366374
© Copy rights reserved
Centre for Public Policy Research 2
Introduction
Kerala has witnessed widest amplitudes in the sector of education compared to any other
sectors. What makes the Kerala Education Sector standout from other states is the high
amount of awareness for the need of education. The resultant spurge of Education can be
attributed to the work of Christian Missionaries who started setting up schools even in the
remote corners of the state from the eighteenth century onwards. The Government and the
people of Kerala have always kept high standards in the field of education. The State of
Kerala is indebted to be the first fully literate state in India and now also stands top in the
literacy level. High density of schools has contributed significantly to this achievement.
Interestingly, it is the spread out of schools privately managed which make up a major part
in the education sector of Kerala1
.
The Kerala Education Bill of 1958 was one of the first legislations in India which provided
for a basic framework for establishment of schools, its management, approval, recognition
and the likes. This was as a result of the strong need for a basic framework with regard to
the education sector in Kerala which was predominantly in the hands of a few private
citizens, Trusts (religious and non-religious), and other institutions. The Kerala Education
Bill, 1958 brought by Joseph Mundassery2
is famous for the controversies as it provisioned
a controlling regime in appointment of teachers, the salary to be given to them, the fees to
be levied. This was opposed by many of the high-spirited citizens who criticized the Bill as
violating their fundamental rights as provided by the Constitution of India which eventually
led to the dismissal of the Government in 1959. Contrary to the expectations, the Kerala
Education Rules (KER) framed on the sidelines of the Act of 1957, encouraged the entry of
many individuals and interested parties to venture into education sector which resulted in
the proliferation of schools in every nook and corner of the state.
Though Kerala invests fewer amounts for Education compared to other states, it has always
been able to utilize the money for the advancement of education. Statistics show that there
has been an upward swing in the number of schools established and the number of
students enrolled in these schools. The state has also been able to maintain a consistent
teacher-pupil ratio in schools. Towards the end of twentieth century, a new paradigm shift
appeared in the education sector of Kerala. A spurt of recognized but not aided schools
came into the picture. Though these are recognized by KER, vested interests and political
equations vitiated the sector. Government orders (GO’s) have become frequent on these
schools. The issue of ‘un economic schools’ has been a pinch in the already misled sector.
The issue of private study also cropped up during this time. Thus a sector which has laid
the foundation for the overall growth of the state for decades faces a litmus test today.
Policies and initiatives of the Governments are either misleading or misrepresenting.
This Paper seeks to analyse how the Rules i.e., the Kerala Education Rules helps in reality
for the setting up of schools in Kerala which helped the establishment of both private and
public schools on a spree over the decades. It tries to find out the real position with respect
to what the law actually speaks and also what makes Kerala standout from other states in
School Education. It is designed in the context of KER Review committee formed by the
present ruling dispensation on the grounds of stated policy of the ruling regime. This paper
1
2004- 2005 Economic Review of Kerala shows 70 % of the total schools are aided. i.e., not managed by
government.
2
Joseph Mundassery was the Minister of Education in Kerala Cabinet from 1957 to 1959
Centre for Public Policy Research 3
hopes to find out how the system works on this day and to what extend KER is culpable for
it.
1. Application for setting up of School
WHAT THE LAW STATES WHAT THE REALITY IS COMMENTS
The Application should be sent
to the DEO3
in response to the
Notification. Any one can submit
an application before the DEO
emphasizing the need of a
school in a particular place. The
Application form is to be
forwarded within the specified
time as prescribed in the
Notification. These are usually in
the months of February (for
Notification), by March (2nd
Notification sanctioning the
applicant for starting a school)
so that classes can start by
June. The DEO will then by
Notification invite applications if
he finds that there is an
educational need in that place.
This is done by the DEO to make
sure that the Applicant has
applied for the school in a place
where such a school needs to be
established.
Documents needed:
i) the Chelan receipt for the
application fee
ii) a sketch plan of the site of
the proposed school
iii) Sketch plan of the locality
with the distance from the
neighbouring school
iv) Declaration regarding the
depositing of Financial
Guarantee
v) Documentary evidence
showing the applicants absolute
ownership or right to exclusive
possession for 6 years of the site
The Applicant need to show
the “educational need”
before the Government in
order to get permission for
setting up of a School. No
other school should be
present within 3 Kilometres
from the vicinity of the
proposed school. A Welfare
Committee comprising of the
local people who are
interested in the affairs of a
school has to be setup in the
local area to look into the
need of a school, and it is
they who have to apply for
the school in the case of
Government schools. A
Departmental Inquiry is
conducted after receiving
Application from the
interested parties which is
usually not done. If the DEO
is satisfied that all the
minimum requirements are
met (especially for private
schools) then they accept it;
mainly because the DEO
cannot physically check the
site due to the lack of time.
Though the KER
stipulates many
conditions for an
Applicant; they are not
looked into in reality. In
addition to this, the
“education necessity”
clause is ambiguous in
its nature. Educational
necessity is verified by a
Departmental inquiry
which is usually never
done. According to the
rules, the three
Kilometers radius rule
has been proposed for
the purpose of avoiding
unfair competition in a
particular area. If the
number of schools in an
area is more than what
is required, it can create
difficulties in the
sustaining of existing
school. But this Rule
should be avoided if the
population of an area is
more and there is a
need for more schools
to meet the demands of
education in that
particular area.
Moreover if new schools
can improve the quality
of education in an area,
then they should be
encouraged. It is not
clear why the rules
restrict the entry of new
players in education
sector essentially in a
literate state like Kerala
Centre for Public Policy Research 4
Certificates that are needed for the establishment of a school-
As per the KER4
many Certificates are demanded by the DEO. A Fitness Certificate from the
Assistant Executive Engineer of the PWD5
with regard to the Building along with the
particulars prescribed in the Rules. The applicant has to remit the prescribed fee for getting
the Certificate at the earliest and in cases where the requirements are not duly complied
with; by bribing him. What the DEO would look into is whether the applicant has complied
with the minimum requirements needed for the establishment of a school.
A copy of the Adharam (ownership certificate of the land) of the property in the hands of
the Educational Agency has to be sent to the DEO. There is no need for a Certificate with
regard to water, safety requirements. What is actually looked into is whether sufficient
light, air and water are provided. The measurement of the furniture to be provided to the
students should meet the minimum standards set out in the Rules. In the case of Private
schools, not even that is looked into. This shows a sharp departure from the Rules in the
case of Private Schools. As the burden of setting up a Private School is on the person who
is interested in establishing the school; the Government has shown enough flexibility in
verifying such schools when compared to Government schools.
The DEO is vested with enormous powers and he shall not be influenced or dictated by
another authority like Government.6
This shows that the decisions of the DEO are not
dictated by the Government even if there is a change in power equations at the political
level. The DEO is to make all enquiries and check the correctness of statements made in
the application. A decision on the Applications for opening of new schools and upgrading of
existing schools are done by the DEO under the powers conferred on him by the KER
7
and,
any decision taken there under cannot be cancelled by Government even if it is for a policy
decision.8
2. Who can apply?
Any person or body of
persons (corporate
educational agency) who is
to be registered as a Society
or as a Trust under the
Societies Registration Act,
Any person can apply. It is
also not mandatory that the
Body who is interested in
setting up the school should
be Registered under the
Societies Registration Act or
The KER shows enough
flexibility for establishment
of schools to any person or
body of persons. Even
Panchayaths and
Municipalities can establish
vi) Sketch plan of the proposed
building with a Declaration of its
completion on a specified date
vii) Declaration that the
proposed unaided school will not
be converted into aided school
viii) Declaration that the
Applicant will absorb qualified
teachers/non-teaching staff from
any aided schools after putting
in service of 2 years.
where the possibility of
competition can result in
improving the quality of
education. This
restriction diminishes
the scope for a vibrant
education sector in
Kerala which is the need
of the hour. (See
Annexure I)
Centre for Public Policy Research 5
1860.If it is a Panchayath or
a Municipality or a Co-
operative society which calls
the attention of the need of a
school, they can do so
provided they are Registered.
The Government then
appoints the Panchayath
Secretary or Municipal
Secretary as the case may be
as the Manager of the
school. A company registered
under the Companies Act can
start a school for the children
of their employees.
The Educational Agent
should be solvent and should
be one who is interested in
educational progress. The
Manager should be literate,
solvent and interested in
educational progress.
the Trust Act. It is the
Manager who is vested with
the powers in relation to
starting a school who is
appointed by the
Educational Agency
(owner). The Manager is to
be appointed by a Bye-law
which is to be recognized
by the DEO. The
Application form is to be
forwarded within the
specified days as prescribed
by the Notification. These
are usually in the months of
February (for Notification),
by March (2nd Notification
sanctioning the applicant
for starting a school) so
that classes can start by
June.
The solvency of a person is
determined by the Bank
Account he has and which
is to be mentioned in the
Application. Interest in
educational progress is truly
a mere statement which is
difficult to measure. What it
signifies is that if the
applicant is a person who
has experience in the
educational field
(experience of setting
schools), then he gets
prominence over others
who are not.
aided schools with the
sanction of the
Government. The policy of
the Government has
always been in
encouraging private
participation in
establishment of schools.
This has increased recently
with the enormous
competition in the
education sector and the
lack of funds for the
Government to manage
the existing and for
starting of new schools.
Moreover there has always
been the fact that a private
school that has autonomy
in managing the school
performs well when
compared to the
Government schools in
Kerala. The shift of parents
to enroll their children in
private schools rather than
Government schools have
always been, because of
the deterioration in the
quality of education in the
latter when compared to
the former. It would be
interesting to note that if
the Big Corporate Business
guns like Narayana Murthy,
Ratan Tata, and Ambanis
are encouraged in starting
up schools, it would be a
big boon in terms of
quality and also would
increase the employment
levels in the sector. The
students passing out from
these schools would
certainly possess good
technical skills which would
make them competent to
work even in international
levels.
The idea behind registering
an Educational
Centre for Public Policy Research 6
Establishment in the
Societies and Registration
Act has been for the
purpose of getting aids
from external agencies.
The Rajasthan State
government and the
Gujarat government made
a rule as to register all
schools in the state under
the Act for the sole
purpose of getting aids
from organizations like
World Bank, UNESCO etc.
So far Kerala has not
witnessed such kind of
demand from any
management though there
are recently opened
international schools which
happen to operate under a
different Board who
receive such aid.
KER seeks to implement Free and Compulsory Education in schools9
, and has been in tune
with the Fundamental Right of Education guaranteed to Children in the age of 8-14 years
under Article 21-A of the Constitution of India. It also makes it obligatory on the part of the
Guardian to send the children to school and even would attract penalty if the child is sent
for employment. But even now, the State has not enacted any law stipulating the
compulsory education for all the Children though it is mentioned in the rules. This reiterates
the point that even without compulsory laws, high literacy rate can be achieved.
3. Stake holders
Management of every school
is vested with the Manager
who shall be responsible
before the Court in case of
any violations or complaints.
In case of Corporate
Management, they shall
decide over the affairs of the
school by meeting together.
For Aided schools and un-
aided schools Manager is
appointed by the
Management. In the case of
Government school a person
who is fit to the post
according to the DEO is
Manager is the person who
runs the School and is
answerable to all actions
arising out of that. In the
case of aided and un-aided
it is the management
which runs the school. The
DEO will approve that
person as the Manager
whom the Management
appoints. The PTA10
has a
say in the matters
regarding the functioning
of the school but not with
regard to matters relating
to fees structure,
Centre for Public Policy Research 7
appointed. appointment. The PTA is to
be constituted from among
the parents and teachers
of the students of the
school according to the
Rules.
4. Recognition
The Government recognizes
schools setup by an
individual or by a Corporate
once they receive a duly
filled Application form
containing the particulars,
the financial condition11
(i.e.
details regarding the site,
landed property of the
school, nature of
accommodation, ready
money and other
guarantees), the
Appointment of teachers
(whether appropriate for
schools already in
existence), acceptance of
auditing to be done by the
Director, the ‘educational
needs’ of the locality as
mentioned before. In the
case of Aided schools in
addition to the other
mentioned requirements he
has to prove the financial
soundness of the school
and apply for providing of
aid. Where the Government
finds that the proposed
school cannot run without
the aid to be given by the
Government as demanded
by the applicant, the
government would sanction
it.
Matters to be specified in
order for granting
The particulars relating to
the financial condition of
the school are asked for
determining the
genuineness of the
applicant. It also seeks to
look into whether the
owner of the school has the
ability of maintaining a
school. (see Annexure II )
These Rules are however
not applicable to
Government Schools. The
Government has the power
to establish schools
anywhere, even in remote
areas for meeting the
needs of education in those
areas.
Recognition is the
most important step in
the establishment of a
school. It is a hectic
process and can take a
lot of time for initiation
of the proceeding as it
is the Government who
has to grant
recognition. Mostly this
process is eased up by
the amount one can
invest in another
process called bribing.
This in addition to
political influence can
make it easy for a
school to get
recognized by the
Government.
Centre for Public Policy Research 8
recognition to a school:
The Educational Agency in
whose favour it is issued,
the grade of the school, the
Standards to which
recognition is granted;
location of the school and
the date from which
recognition will take effect.
Unrecognized school:
Unrecognized schools are actually not schools in the eyes of law. Still an interesting feature
is that there are many unrecognized schools running in Kerala without any aid from the
Government.
Private Study is allowed till Class V who has to write the exams of Class IV to get
admitted in Class V. But the Government has always been liberal till now in giving them an
opportunity to write exams including the SSLC exam by applying in various means. This
provision has been a blessing in disguise in the mushrooming of so called unrecognised
schools at various places. This has helped many to complete their elementary education
otherwise not possible.
5. Role of management
The management of every
aided school is vested in
the Educational Agency in
whom is also vested the
right of appointing the
Manager. In case of
corporate management, the
proprietary body may
choose the Manager while
in Government schools the
Director has to approve the
Manager as mentioned
before.
There are many roles for
the Manager. The Manager
has to run the entire
administration of the
school. The Management is
vested with the powers of
appoinment of teachers,
the salary to be paid to
them in the case of aided
and unaided schools. The
Teachers who are selected
by the Management in
aided schools have to get
the approval of the DEO
within 15 days of selection.
No Fee shall be levied from
students in Government
Primary Schools. For
Government schools there
are only two types of fees,
admission fee Rs 1 and
Special Fee of Rs 10. In the
The Manager and the
Headmaster have a definite
role to play in the overall
performance of a school.
The efficiency of a school
depends upon how good the
Manager and the
Headmaster is. The
Management’s role is
supportive in nature to that
of the Manager.
Though it is provided in the
Rules that the minimum
salary to be paid to the
teachers in the aided and
un-aided schools should be
the same of that of the
teachers in the Government
schools, it is only true in the
records. It is in the matter
of salaries that most number
of complaints and litigations
Centre for Public Policy Research 9
case of aided schools it is
about Rs 40.
arise. Even the Recognition
of a school can be cancelled
in the event of non-payment
of the salary. But as the
competition increased and
there is a quantitative shift
of the students to better
schools, the management
has no other way but to give
the best salary to the
qualified teachers.
Fee Structure: The fee to be levied from each student is clearly provided in the KER for
government and Aided Schools. An Admission fee of Rs 1 shall be realised from the
student. While the tuition fee in recognized schools is Rs1000 per pupil per year for lower
primary and Rs.1500 for Upper Primary Pupils. Special fees can also be collected from them
which shall not exceed one third of the above rates. For this a Special Fee Fund also has
been created. A Committee consisting of senior most teachers, Physical Training Instructor,
School Leader, Manager, Senior Scout Master and senior most Craft Teacher will advice the
Headmaster for the proper utilisation of the special fees. The fees are utilized separately for
Scouting, Excursion, Junior Red Cross Ambulance and Youth Festival. Other fees like Audio
Visual Fee, Travelling fee are also included. For all these purposes there should be an
account created which should be kept for annual audit.
Though capitation fee is not allowed, it is an open secret that most of the private and to an
extent the aided schools levy such a ‘fee’. Everyone is aware of such a thing happening but
none either complains about it or the complaints are never heard. The Supreme Court in
number of cases has said a big no to such capitation fees and has heavily discouraged from
levying it. The KER also says that no Capitation fee shall be recovered from anyone. If the
parents are willing to pay this capitation fees to get better education to their children in
Kerala which has a high density of schools it shows the dismal picture of the rest of the
schools.
7. Appointment of teaching and non teaching staff
Appointments of Teachers
are done by looking into
the Rank list published by
PSC12
in Government
schools. In case of aided
and unaided schools a
minimum Qualification is
prescribed under the Rules.
All appointments to all
categories of employees as
Though appointment should
be done in the most flexible
manner; it is never the case
so. Many complaints arise
by ways of Seniority,
Reservation in the matters
of employment.
The Appointments in Aided
and Un-aided private
schools are determined by
The Appointments are
always marred in
controversy. People pay
bribes of large amounts for
getting appointed even in
schools. There is no fool-
proof mechanism to regulate
such things. Such things are
hard to be traced as they
are either done secretly or
Centre for Public Policy Research 10
per Government of India
gradation shall be made by
Managing Committee either
by direct recruitment or by
promotion through a
Selection Committee
constituted by the School
Society/ Trust and in
accordance with and upon
such conditions as the
Managing Committee may
decide, which shall be
consistent with the norms
of the Board/Government if
statutory provision exists.
In the case of Non-teaching
staff in a Government
school there is clear-cut
provisions for their
qualifications in the Rules.
All the appointments are
made after an interview by
a Board consisting
authorities of the
Educational Department.
The appointments right
from the peon to the
Headmaster has to be in
accordance with the Rules
and should be sanctioned
by the DEO within 15 days
of the appointment.
the money factor and
political influence. It is an
open secret that large
amounts of money are
rolled into the hands of the
authorities for appointment
of teachers and Non-
teaching staff.
Though the DEO has the
ultimate power for
sanctioning of an
appointment of a teacher or
a non-teaching staff, he
hardly has any time to do
so; he usually signs it
without even looking into it.
under the connivance of all
the authorities. In this
aspect the Government
schools are
on the upper hand as the
appointments of Teachers
are done through the Rank
list published by the PSC
which is done in pursuance
of the PSC Exam; while
appointments in aided and
un-aided schools are done
under the sole discretion of
the Management.
Though the rules in KER
mentions the probation of
newly appointed teachers,
the practise is that
management seldom invoke
those provisions. But as the
competition among the
schools increase, these
provisions will be invoked.
8. Grant
The Government may make
“Grants-in-aid” which
means aid in the form of
maintenance from State
Government or Local
Authority for the purchase,
improvement and repairs of
any land, building or
equipment to the Manager
who shall maintain proper
records of the same. The
grant in the case of
Government schools would
be specified by the
The Grants or Grant-in-aid
as defined is granted
equally to all the
Government schools and
Aided schools. The Manager
has to specify the
particulars (be it furniture
or building) which are
required to be repaired or
improved before the DEO
which is to be sanctioned
by him and due records be
kept.
Grant-in-aid is a novel
concept in Kerala. It is used
to improve the
infrastructural requirements
of a school. In the case of
Government and aided
school, the Manager should
apply to the DEO for the
Grant along with other
particulars. But under what
procedure the Grant is
made is difficult to analyze.
Some schools may get
more grant compared to
Centre for Public Policy Research 11
Government in each
financial year. The Grants
are made turn by turn for
each school.
others, some schools may
not even get the grant.
Insurance: In addition to the Insurance to the Teachers, the Kerala Government has
introduced Insurance to children also called the ‘Group, Personal Accident Insurance
scheme’. This novel scheme has been extended to all schools including the Vocational
Higher Secondary Schools (VHSS).
9. Maintenance and support
Maintenance to the
buildings is to be done
Annually and for which a
Maintenance Grant is
provided.
The supports are usually
done by the Government as
per the policies they frame
at the beginning of the
financial year. Maintenance
grant will be given to
Managers at the rate of
Rs.3.25 per pupil in the
Lower Primary and Upper
Primary and Rs.5 in the
High School classes. The
Educational Officers will
inspect whether the
maintenance work has been
properly done and verify
and scrutinize the accounts.
Maintenance is usually not
done in Government
schools either because of
the lack of funds or
because of red-tapism and
on a few occasions because
of the ignorance of the
concerned school agency.
The private schools usually
do maintenance work when
they think so or in times of
inspection from the Board
or when there is a strong
hue and cry to do so by the
PTA.
Free mid-day meal in
schools has been observed
successfully in every school
in Kerala for classes till 7th
.
The various amenities
provided are 60gm of Rice
30gm-Peas, 1 gm palmolien
oil and condiments (now
not given) and 1 egg or
banana given once a week.
Inspection of the schools
are usually not done, unless
in certain circumstances.
The Government of Kerala
has brought in the concept
of Super check. The Super
Check Officer used to
conduct surprise inspection
in aided schools to verify
the strength of pupils and
call for the records from the
school authorities and
Educational Officers and
such other acts as may be
deemed necessary.
The Noon Day Meal
Program is running well in
the schools which have to
be supervised by the AEO13
and the DPI14
. In addition
to the regular noon feeding
in schools special rice 5 Kilo
gram per pupil is supplied
to the students of each
school during Onam, X'mas
and Ramzan through Maveli
Stores and Civil Supplies15
.
It was started from the
Academic year 1997-98 and
is still continuing. These are
all add-ons by the Kerala
Government to the other
Programs started by the
Central Government like
Sarva Shisksha Abhyan
Centre for Public Policy Research 12
(SSA) and National Policy of
Education (NPE). There are
reports of diversion of
funds and mismanagement
of these schemes.
10. Scholarships
The Government can by
way of Notification in the
Gazette make provisions for
Scholarships
There are provisions for
granting scholarships to poor
students, SSLC rank holders.
There is a Scholarship exam
namely Lower Primary School
Scholarship Exam (LSSE) for
students till 7 Standard
whereby an amount of Rs
100 monthly is given to the
student who has attained the
scholarship. Similarly there is
Upper Primary School
Scholarship Exam (USSE) for
7 to 10 standard
students of
amount Rs 150. National
Talent Search Examination
(NTSE) for High School
students is Rs 600. For
SC/ST students the Tribal
Welfare Department pays a
stipend of Rs 100 per month
for SC and for ST an amount
of Rs 300 per year in
addition to the other. For
Muslim girls an amount of Rs
150 per month is provided
from 5 to 10 classes which
has to be sanctioned by the
DEO. There are other
provisions which the
Government specifies by
Notification in the Gazette for
providing of a House to a
financially weak student by
looking into the annual
income of the parents of the
student
The provision for
Scholarships to the
deserving students is one
of the most important
aspects of the Kerala
Education. This is in
addition to special
consideration given to the
Handicapped children for
their education.
Centre for Public Policy Research 13
CONCLUSION
What gives the Kerala Schools a definite edge over the schools in other places in
terms of administration, efficiency and quality?
1) Flexibility - The KER is not as rigid as it stands. It gives scope for private players
to start schools and manage it without the Governments interference. A nominal
amount of Rs 15000 is enough to show to the Government that the applicant has
the financial credibility to start a school. Though the rules are not applicable to the
Government schools while starting new ones, the rules have set minimum standards
to the education sector. Thus the role of the Government has been that of a
regulator in the modern times.
2) Aid – Provisions of salary to the teachers and management of a private body is a
unique example for better results in Education sector. By doing so, the teachers are
accountable to the management and to the state also. The management cannot
bear the loss of fame of the school due to lack of accountability, responsibility and
devotion of the teachers. This system is another way of utilizing public money under
the auspices of the private management.
3) Hearing- Gives scope for Hearing in all levels in cases of complaints. The DEO will
personally hear all complaints and look forward for suggestions which are a unique
aspect in Kerala. This has made the system transparent compared to other sectors.
This has set a norm for the subsequent decisions also.
4) Autonomy- It gives schools freedom to decide matters internally. Especially in the
case of aided schools. the Government shall not interfere in the internal matters of
the schools. In this respect, the Government has played the role of a facilitator. This
has been a huge success in Kerala over the decades.
5) Dynamic Method of Education-The Teachers are encouraged to impart Dynamic
Education to all students by way of Practical, Project, Activity and Expression Works.
The Work Experience classes and Physical Instruction are the other aspects which
are instrumental in better performance of students studying in Kerala Schools.
English has always been an accepted language used in the Kerala Schools which
give them definite edge over schools in other states. There has been a decision to
include sex education for students in the various levels of Schools. The success of
dynamic education has been the success of the autonomous management of the
majority of the schools in Kerala.
6) Teachers Training-Specific Programs for increasing the quality levels of Teachers
are another unique aspect. A unique feature found in Kerala is the provision of
Probation of Teachers in schools. The Probation period is for 1 year and the Teacher
has to show her quality in teaching during that period. This option is valid in the
case of initial appointments of qualified teachers. The Manager can if he is not
satisfied with the performance of the Teacher either extend the probation period or
discharge he/ she from the Service with the permission of the DEO.
7) Education Movements- History says that the uniqueness of Kerala is in accepting
Education as one of the most important areas in the Development of a State. Kerala
is the first fully literate state in India which has been successful because of the great
educational movements which started during the 1950’s. The “Ernakulam Model”
had wide repercussions all over the country. The Kalajathas, a mass awareness
program propagated the need for quality education in Kerala and has been
successful throughout the State.
Centre for Public Policy Research 14
Under these circumstances, it has been proved that over the years, the Government
decisions and policy initiatives sometimes had gone in a wrong direction that only
necessitated the review of KER. The openness and flexibility of KER has been a model for
the rest of the country. Any modification or alteration to KER shall be done with utmost
care and vision. There are many areas where KER needs an amendment like ‘education
need’ as required for starting a school. At the same time, there are provisions that shall be
enlarged like ‘private study’ to higher classes also than blaming it.
DEFINTIONS
Management of Schools: The authority, which runs a school, determines its type of
management.
Government: A Government school is that which is run by the State Government or
Central Government or Public Sector Undertaking or an Autonomous Organisation
completely financed by the Government.
Local Body: A Local Body School is that which is run by Panchayati Raj and local body
institution such as Zilla Parishad, Municipal Corporation, Municipal Committee Notified Area
Committee and Cantonment Board. With respect to Kerala, Local Authority means a
Panchayath at any level constituted under Kerala Panchayath Act, 1994 or a Municipality
under the Kerala Municipality Act, 1994.
Private Aided: A Private Aided School is that which is run by an individual or a private
organisation and receives grant from government or local body.
Private Unaided: A private Unaided School is that which is managed by an individual or a
private organization and does not receive any grant either from government or local body.
Private School: Means aided or recognised school.
Recognised School: A recognised school is that in which the course(s) of study followed
is/are prescribed or recognised by the government (Central/State) or a University or a
Board constituted by law or by any other agency authorised on this behalf by the Central or
State Government and which satisfies one or more of the authorities e.g. Directorate of
Education, Municipal Corporation/Committee, Board, etc., with regard to its standard of
efficiency. It runs regular classes and sends candidates for public examination, if any.
School Category: School category will be determined as per the state pattern on the basis
of the highest class in a school. For example, in a state where classes I-V, VI-VIII, IX-X and
XI – XII form primary, upper primary , secondary and higher secondary stages
respectively, the category of the school will be decided as follows:-
 A school having classes up to V will be termed as Primary School.
 A school having highest classes VI, VII or VIII will be termed as Upper Primary
School.
 A school having highest classes either IX or X will be termed as Secondary School.
 A school having highest classes either XI or XII will be termed as Higher Secondary
School.
Centre for Public Policy Research 15
Unrecognised School :An unrecognised school is that which is not recognised but run
regular classes in the pattern of recognised schools. This does not include coaching centers.
Educational Officer means the District Educational Officer or the Assistant Educational
Officer having immediate inspectional and administrative control over the school within his
jurisdiction.
Classification of schools in Kerala
1. Schools for General education
i) Primary- From Std I to Std VII
ii) Secondary- From Std VII to X
Higher Secondary- From Std VIII to XI
2. Schools for special education- Physical Training schools, Fishery schools, Music, Fine
Arts and schools for providing instruction and training for Teachers Certificate
Examination.
3. Schools for the education of particular categories of students- Deaf, Dumb, Blind,
Mentally handicapped, Leper schools, and schools for polio.
4. Other institutions connected with the educational system of the state- Bharat Scouts
and Guides, NCC and ACC, Girls schools.
Centre for Public Policy Research 16
ANNEXURE 1
Kerala Education Rules
FORM 1
[See Rule V-2 (3) and (4)]
APPLICATION FOR PERMISSION TO OPEN A SCHOOL OR A NEW
STANDARD WITH A VIEW TO ITS SUBSEQUENT RECOGNITION
1. (a) Name and address of applicant
(b) Whether individual or Corporate.
If Corporate, the name of the Corporate
Management should be furnished.
(c) If Corporate, the number of schools
under the Corporate Management
and their location
2. Position of School Taluk Village
3. Position with respect to neighbouring
schools as per enclosed sketch plan of the
locality with names of all the schools within
a radius of 3 miles of the proposed site and
their distance from it. The distance from
the nearest cemetary or cremation ground:
4. (a) Name of the proposed school
(b) Class and grade of school with
highest standard of instruction
intended at opening
(c) Whether new or in continuation of
the existing school.
5. Date on which it is proposed to open the
School.
6. (a) Nature of tenure of the property by owner
(b) Whether the applicant proposes to acquire
the site for the school and if so when?
(c) Extent of site of the existing school
which is proposed to be raised.
7. Reason for opening the school
Lower Distance High Distance
& from Schools from
Upper the the
Primary Proposed proposed
Schools site site
Centre for Public Policy Research 17
8. Whether the school will be open to all
the classes of the community.
9. Details of the guarantees, the applicant a) Site
can give of his ability to conduct the school b) Landed property for school
successfully from a financial point of view: c) Nature of accommodation
d) Ready money
e) Other guarantees
10. Whether the applicant is already the Educational
Agency of any recognized institution under the
Department, and if so the name of the institution
11. Whether the applicant is prepared to furnish the
cash security required by the department
12. Whether the applicant intends to run school as
an aided Or recognized school
13. Whether the applicant or if corporate any member
has been convicted of an offence involving moral
turptitude by a court of law if so give details
14. Whether the applicant is prepared to absorb
qualified teachers/non-teaching staff who after
putting in service of 2 years and drawing 2
vacation salaries have been retrenched (from
any of the aided High schools in the Education
District or aided primary schools in the
Education Sub-District)]in which the applicant
proposes to open/upgrade the school and if so
whether an agreement to that effect has been
furnished
DECLARATION
I solemnly declare that the facts stated above are correct.
Station…………………………
Date…………………………… Applicant
Centre for Public Policy Research 18
ANNEXURE II
Kerala Education Rules
FORM 2
[See Rule V-16 (1)]
APPLICATION FOR RECOGNITION
1. Name of School………………………………………………………………
2. Taluk……………………….……… Village………………………………..
3. Class of School……………………….Grade of School…………………….
4. Date of establishment………………………….
5. No. and Date of order sanctioning opening of School……………………….
6. Name and Address of Educational Agency………………………………….
7. Name and Address of Manager ……………………………………………..
8. Standards already recognised 9. Standards for which recognition
is now sought
Standards Strength on date of Standards Strength on date of application
application
10. Total area of
(a) Class-rooms Length Breadth Height
(b) Other Buildings do do do
© Playground Length Breadth
11. (a) Number of Class-rooms
and superficial and cubic area of
each room, with the maximum
number of pupils likely to be
taught in each room
(b) Whether the School
introduced shift system.
12. Fees in each standard.
13. STAFF
Centre for Public Policy Research 19
Name of Teacher 1
Designation 2
Salary assigned or to be assigned 3
Date of Birth 4
No. of licence or permit if any held by
the teacher
5
Standards and the subjects taught 6
Total Service
In the School
In other recognised Schools, the
names of such schools being specified
7
8
Highest general educational
qualification with year of passing and
full particulars
9
Highest Technical Examination passed
with year and subject
10
Highest grade of trained teachers
certificate with year
11
Highest grade of technical teachers
certificate with year and subject
12
14. Sanitation, latrine and
water supply
Ordinary Special
1.
15. Furniture, apparatus and
appliances. (Information separately
for each Standard or class should be
given)
16. If a library is provided
whether a catalogue and a register of
books issued are kept.
17. The registers maintained,
and whether in the prescribed forms.
Declaration
On behalf of the management of the School, I hereby declare that the school fulfils all the
conditions specified in the Kerala Education Act and the Rules under it and I promise to
Centre for Public Policy Research 20
comply with all the conditions relating to the recognition of Schools affording public
instruction and other matters which are laid down in the Kerala Education Act and the Rules
under it.
Station : …………………….
Date : ……………………….
*
This study is based on The Kerala Education Act, 1958 and The Kerala Education Rules, 1959. It has taken all
the amendments and latest Government Notifications till 2005 into consideration. Meetings and interactions
with the Education department officials, teachers and school managers helped to compile the findings

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Pragmatic Paradigm of Setting Up Schools- Kerala Experience

  • 1. Centre for Public Policy Research 1 Working Paper series on Education PRAGMATIC PARADIGM OF SETTING UP SCHOOLS – KERALA EXPERIENCE * By Madhu S & D.Dhanuraj Supported by a grant from Centre for Civil Society, New Delhi June 2007 Centre for Public Policy Research Nadakkavu Post, Cochin Ernakulam District, Kerala India – 682 307 Website: www.cppr.in Email: cppr@cppr.in Tel: 91 4846469177, 91 9868366374 © Copy rights reserved
  • 2. Centre for Public Policy Research 2 Introduction Kerala has witnessed widest amplitudes in the sector of education compared to any other sectors. What makes the Kerala Education Sector standout from other states is the high amount of awareness for the need of education. The resultant spurge of Education can be attributed to the work of Christian Missionaries who started setting up schools even in the remote corners of the state from the eighteenth century onwards. The Government and the people of Kerala have always kept high standards in the field of education. The State of Kerala is indebted to be the first fully literate state in India and now also stands top in the literacy level. High density of schools has contributed significantly to this achievement. Interestingly, it is the spread out of schools privately managed which make up a major part in the education sector of Kerala1 . The Kerala Education Bill of 1958 was one of the first legislations in India which provided for a basic framework for establishment of schools, its management, approval, recognition and the likes. This was as a result of the strong need for a basic framework with regard to the education sector in Kerala which was predominantly in the hands of a few private citizens, Trusts (religious and non-religious), and other institutions. The Kerala Education Bill, 1958 brought by Joseph Mundassery2 is famous for the controversies as it provisioned a controlling regime in appointment of teachers, the salary to be given to them, the fees to be levied. This was opposed by many of the high-spirited citizens who criticized the Bill as violating their fundamental rights as provided by the Constitution of India which eventually led to the dismissal of the Government in 1959. Contrary to the expectations, the Kerala Education Rules (KER) framed on the sidelines of the Act of 1957, encouraged the entry of many individuals and interested parties to venture into education sector which resulted in the proliferation of schools in every nook and corner of the state. Though Kerala invests fewer amounts for Education compared to other states, it has always been able to utilize the money for the advancement of education. Statistics show that there has been an upward swing in the number of schools established and the number of students enrolled in these schools. The state has also been able to maintain a consistent teacher-pupil ratio in schools. Towards the end of twentieth century, a new paradigm shift appeared in the education sector of Kerala. A spurt of recognized but not aided schools came into the picture. Though these are recognized by KER, vested interests and political equations vitiated the sector. Government orders (GO’s) have become frequent on these schools. The issue of ‘un economic schools’ has been a pinch in the already misled sector. The issue of private study also cropped up during this time. Thus a sector which has laid the foundation for the overall growth of the state for decades faces a litmus test today. Policies and initiatives of the Governments are either misleading or misrepresenting. This Paper seeks to analyse how the Rules i.e., the Kerala Education Rules helps in reality for the setting up of schools in Kerala which helped the establishment of both private and public schools on a spree over the decades. It tries to find out the real position with respect to what the law actually speaks and also what makes Kerala standout from other states in School Education. It is designed in the context of KER Review committee formed by the present ruling dispensation on the grounds of stated policy of the ruling regime. This paper 1 2004- 2005 Economic Review of Kerala shows 70 % of the total schools are aided. i.e., not managed by government. 2 Joseph Mundassery was the Minister of Education in Kerala Cabinet from 1957 to 1959
  • 3. Centre for Public Policy Research 3 hopes to find out how the system works on this day and to what extend KER is culpable for it. 1. Application for setting up of School WHAT THE LAW STATES WHAT THE REALITY IS COMMENTS The Application should be sent to the DEO3 in response to the Notification. Any one can submit an application before the DEO emphasizing the need of a school in a particular place. The Application form is to be forwarded within the specified time as prescribed in the Notification. These are usually in the months of February (for Notification), by March (2nd Notification sanctioning the applicant for starting a school) so that classes can start by June. The DEO will then by Notification invite applications if he finds that there is an educational need in that place. This is done by the DEO to make sure that the Applicant has applied for the school in a place where such a school needs to be established. Documents needed: i) the Chelan receipt for the application fee ii) a sketch plan of the site of the proposed school iii) Sketch plan of the locality with the distance from the neighbouring school iv) Declaration regarding the depositing of Financial Guarantee v) Documentary evidence showing the applicants absolute ownership or right to exclusive possession for 6 years of the site The Applicant need to show the “educational need” before the Government in order to get permission for setting up of a School. No other school should be present within 3 Kilometres from the vicinity of the proposed school. A Welfare Committee comprising of the local people who are interested in the affairs of a school has to be setup in the local area to look into the need of a school, and it is they who have to apply for the school in the case of Government schools. A Departmental Inquiry is conducted after receiving Application from the interested parties which is usually not done. If the DEO is satisfied that all the minimum requirements are met (especially for private schools) then they accept it; mainly because the DEO cannot physically check the site due to the lack of time. Though the KER stipulates many conditions for an Applicant; they are not looked into in reality. In addition to this, the “education necessity” clause is ambiguous in its nature. Educational necessity is verified by a Departmental inquiry which is usually never done. According to the rules, the three Kilometers radius rule has been proposed for the purpose of avoiding unfair competition in a particular area. If the number of schools in an area is more than what is required, it can create difficulties in the sustaining of existing school. But this Rule should be avoided if the population of an area is more and there is a need for more schools to meet the demands of education in that particular area. Moreover if new schools can improve the quality of education in an area, then they should be encouraged. It is not clear why the rules restrict the entry of new players in education sector essentially in a literate state like Kerala
  • 4. Centre for Public Policy Research 4 Certificates that are needed for the establishment of a school- As per the KER4 many Certificates are demanded by the DEO. A Fitness Certificate from the Assistant Executive Engineer of the PWD5 with regard to the Building along with the particulars prescribed in the Rules. The applicant has to remit the prescribed fee for getting the Certificate at the earliest and in cases where the requirements are not duly complied with; by bribing him. What the DEO would look into is whether the applicant has complied with the minimum requirements needed for the establishment of a school. A copy of the Adharam (ownership certificate of the land) of the property in the hands of the Educational Agency has to be sent to the DEO. There is no need for a Certificate with regard to water, safety requirements. What is actually looked into is whether sufficient light, air and water are provided. The measurement of the furniture to be provided to the students should meet the minimum standards set out in the Rules. In the case of Private schools, not even that is looked into. This shows a sharp departure from the Rules in the case of Private Schools. As the burden of setting up a Private School is on the person who is interested in establishing the school; the Government has shown enough flexibility in verifying such schools when compared to Government schools. The DEO is vested with enormous powers and he shall not be influenced or dictated by another authority like Government.6 This shows that the decisions of the DEO are not dictated by the Government even if there is a change in power equations at the political level. The DEO is to make all enquiries and check the correctness of statements made in the application. A decision on the Applications for opening of new schools and upgrading of existing schools are done by the DEO under the powers conferred on him by the KER 7 and, any decision taken there under cannot be cancelled by Government even if it is for a policy decision.8 2. Who can apply? Any person or body of persons (corporate educational agency) who is to be registered as a Society or as a Trust under the Societies Registration Act, Any person can apply. It is also not mandatory that the Body who is interested in setting up the school should be Registered under the Societies Registration Act or The KER shows enough flexibility for establishment of schools to any person or body of persons. Even Panchayaths and Municipalities can establish vi) Sketch plan of the proposed building with a Declaration of its completion on a specified date vii) Declaration that the proposed unaided school will not be converted into aided school viii) Declaration that the Applicant will absorb qualified teachers/non-teaching staff from any aided schools after putting in service of 2 years. where the possibility of competition can result in improving the quality of education. This restriction diminishes the scope for a vibrant education sector in Kerala which is the need of the hour. (See Annexure I)
  • 5. Centre for Public Policy Research 5 1860.If it is a Panchayath or a Municipality or a Co- operative society which calls the attention of the need of a school, they can do so provided they are Registered. The Government then appoints the Panchayath Secretary or Municipal Secretary as the case may be as the Manager of the school. A company registered under the Companies Act can start a school for the children of their employees. The Educational Agent should be solvent and should be one who is interested in educational progress. The Manager should be literate, solvent and interested in educational progress. the Trust Act. It is the Manager who is vested with the powers in relation to starting a school who is appointed by the Educational Agency (owner). The Manager is to be appointed by a Bye-law which is to be recognized by the DEO. The Application form is to be forwarded within the specified days as prescribed by the Notification. These are usually in the months of February (for Notification), by March (2nd Notification sanctioning the applicant for starting a school) so that classes can start by June. The solvency of a person is determined by the Bank Account he has and which is to be mentioned in the Application. Interest in educational progress is truly a mere statement which is difficult to measure. What it signifies is that if the applicant is a person who has experience in the educational field (experience of setting schools), then he gets prominence over others who are not. aided schools with the sanction of the Government. The policy of the Government has always been in encouraging private participation in establishment of schools. This has increased recently with the enormous competition in the education sector and the lack of funds for the Government to manage the existing and for starting of new schools. Moreover there has always been the fact that a private school that has autonomy in managing the school performs well when compared to the Government schools in Kerala. The shift of parents to enroll their children in private schools rather than Government schools have always been, because of the deterioration in the quality of education in the latter when compared to the former. It would be interesting to note that if the Big Corporate Business guns like Narayana Murthy, Ratan Tata, and Ambanis are encouraged in starting up schools, it would be a big boon in terms of quality and also would increase the employment levels in the sector. The students passing out from these schools would certainly possess good technical skills which would make them competent to work even in international levels. The idea behind registering an Educational
  • 6. Centre for Public Policy Research 6 Establishment in the Societies and Registration Act has been for the purpose of getting aids from external agencies. The Rajasthan State government and the Gujarat government made a rule as to register all schools in the state under the Act for the sole purpose of getting aids from organizations like World Bank, UNESCO etc. So far Kerala has not witnessed such kind of demand from any management though there are recently opened international schools which happen to operate under a different Board who receive such aid. KER seeks to implement Free and Compulsory Education in schools9 , and has been in tune with the Fundamental Right of Education guaranteed to Children in the age of 8-14 years under Article 21-A of the Constitution of India. It also makes it obligatory on the part of the Guardian to send the children to school and even would attract penalty if the child is sent for employment. But even now, the State has not enacted any law stipulating the compulsory education for all the Children though it is mentioned in the rules. This reiterates the point that even without compulsory laws, high literacy rate can be achieved. 3. Stake holders Management of every school is vested with the Manager who shall be responsible before the Court in case of any violations or complaints. In case of Corporate Management, they shall decide over the affairs of the school by meeting together. For Aided schools and un- aided schools Manager is appointed by the Management. In the case of Government school a person who is fit to the post according to the DEO is Manager is the person who runs the School and is answerable to all actions arising out of that. In the case of aided and un-aided it is the management which runs the school. The DEO will approve that person as the Manager whom the Management appoints. The PTA10 has a say in the matters regarding the functioning of the school but not with regard to matters relating to fees structure,
  • 7. Centre for Public Policy Research 7 appointed. appointment. The PTA is to be constituted from among the parents and teachers of the students of the school according to the Rules. 4. Recognition The Government recognizes schools setup by an individual or by a Corporate once they receive a duly filled Application form containing the particulars, the financial condition11 (i.e. details regarding the site, landed property of the school, nature of accommodation, ready money and other guarantees), the Appointment of teachers (whether appropriate for schools already in existence), acceptance of auditing to be done by the Director, the ‘educational needs’ of the locality as mentioned before. In the case of Aided schools in addition to the other mentioned requirements he has to prove the financial soundness of the school and apply for providing of aid. Where the Government finds that the proposed school cannot run without the aid to be given by the Government as demanded by the applicant, the government would sanction it. Matters to be specified in order for granting The particulars relating to the financial condition of the school are asked for determining the genuineness of the applicant. It also seeks to look into whether the owner of the school has the ability of maintaining a school. (see Annexure II ) These Rules are however not applicable to Government Schools. The Government has the power to establish schools anywhere, even in remote areas for meeting the needs of education in those areas. Recognition is the most important step in the establishment of a school. It is a hectic process and can take a lot of time for initiation of the proceeding as it is the Government who has to grant recognition. Mostly this process is eased up by the amount one can invest in another process called bribing. This in addition to political influence can make it easy for a school to get recognized by the Government.
  • 8. Centre for Public Policy Research 8 recognition to a school: The Educational Agency in whose favour it is issued, the grade of the school, the Standards to which recognition is granted; location of the school and the date from which recognition will take effect. Unrecognized school: Unrecognized schools are actually not schools in the eyes of law. Still an interesting feature is that there are many unrecognized schools running in Kerala without any aid from the Government. Private Study is allowed till Class V who has to write the exams of Class IV to get admitted in Class V. But the Government has always been liberal till now in giving them an opportunity to write exams including the SSLC exam by applying in various means. This provision has been a blessing in disguise in the mushrooming of so called unrecognised schools at various places. This has helped many to complete their elementary education otherwise not possible. 5. Role of management The management of every aided school is vested in the Educational Agency in whom is also vested the right of appointing the Manager. In case of corporate management, the proprietary body may choose the Manager while in Government schools the Director has to approve the Manager as mentioned before. There are many roles for the Manager. The Manager has to run the entire administration of the school. The Management is vested with the powers of appoinment of teachers, the salary to be paid to them in the case of aided and unaided schools. The Teachers who are selected by the Management in aided schools have to get the approval of the DEO within 15 days of selection. No Fee shall be levied from students in Government Primary Schools. For Government schools there are only two types of fees, admission fee Rs 1 and Special Fee of Rs 10. In the The Manager and the Headmaster have a definite role to play in the overall performance of a school. The efficiency of a school depends upon how good the Manager and the Headmaster is. The Management’s role is supportive in nature to that of the Manager. Though it is provided in the Rules that the minimum salary to be paid to the teachers in the aided and un-aided schools should be the same of that of the teachers in the Government schools, it is only true in the records. It is in the matter of salaries that most number of complaints and litigations
  • 9. Centre for Public Policy Research 9 case of aided schools it is about Rs 40. arise. Even the Recognition of a school can be cancelled in the event of non-payment of the salary. But as the competition increased and there is a quantitative shift of the students to better schools, the management has no other way but to give the best salary to the qualified teachers. Fee Structure: The fee to be levied from each student is clearly provided in the KER for government and Aided Schools. An Admission fee of Rs 1 shall be realised from the student. While the tuition fee in recognized schools is Rs1000 per pupil per year for lower primary and Rs.1500 for Upper Primary Pupils. Special fees can also be collected from them which shall not exceed one third of the above rates. For this a Special Fee Fund also has been created. A Committee consisting of senior most teachers, Physical Training Instructor, School Leader, Manager, Senior Scout Master and senior most Craft Teacher will advice the Headmaster for the proper utilisation of the special fees. The fees are utilized separately for Scouting, Excursion, Junior Red Cross Ambulance and Youth Festival. Other fees like Audio Visual Fee, Travelling fee are also included. For all these purposes there should be an account created which should be kept for annual audit. Though capitation fee is not allowed, it is an open secret that most of the private and to an extent the aided schools levy such a ‘fee’. Everyone is aware of such a thing happening but none either complains about it or the complaints are never heard. The Supreme Court in number of cases has said a big no to such capitation fees and has heavily discouraged from levying it. The KER also says that no Capitation fee shall be recovered from anyone. If the parents are willing to pay this capitation fees to get better education to their children in Kerala which has a high density of schools it shows the dismal picture of the rest of the schools. 7. Appointment of teaching and non teaching staff Appointments of Teachers are done by looking into the Rank list published by PSC12 in Government schools. In case of aided and unaided schools a minimum Qualification is prescribed under the Rules. All appointments to all categories of employees as Though appointment should be done in the most flexible manner; it is never the case so. Many complaints arise by ways of Seniority, Reservation in the matters of employment. The Appointments in Aided and Un-aided private schools are determined by The Appointments are always marred in controversy. People pay bribes of large amounts for getting appointed even in schools. There is no fool- proof mechanism to regulate such things. Such things are hard to be traced as they are either done secretly or
  • 10. Centre for Public Policy Research 10 per Government of India gradation shall be made by Managing Committee either by direct recruitment or by promotion through a Selection Committee constituted by the School Society/ Trust and in accordance with and upon such conditions as the Managing Committee may decide, which shall be consistent with the norms of the Board/Government if statutory provision exists. In the case of Non-teaching staff in a Government school there is clear-cut provisions for their qualifications in the Rules. All the appointments are made after an interview by a Board consisting authorities of the Educational Department. The appointments right from the peon to the Headmaster has to be in accordance with the Rules and should be sanctioned by the DEO within 15 days of the appointment. the money factor and political influence. It is an open secret that large amounts of money are rolled into the hands of the authorities for appointment of teachers and Non- teaching staff. Though the DEO has the ultimate power for sanctioning of an appointment of a teacher or a non-teaching staff, he hardly has any time to do so; he usually signs it without even looking into it. under the connivance of all the authorities. In this aspect the Government schools are on the upper hand as the appointments of Teachers are done through the Rank list published by the PSC which is done in pursuance of the PSC Exam; while appointments in aided and un-aided schools are done under the sole discretion of the Management. Though the rules in KER mentions the probation of newly appointed teachers, the practise is that management seldom invoke those provisions. But as the competition among the schools increase, these provisions will be invoked. 8. Grant The Government may make “Grants-in-aid” which means aid in the form of maintenance from State Government or Local Authority for the purchase, improvement and repairs of any land, building or equipment to the Manager who shall maintain proper records of the same. The grant in the case of Government schools would be specified by the The Grants or Grant-in-aid as defined is granted equally to all the Government schools and Aided schools. The Manager has to specify the particulars (be it furniture or building) which are required to be repaired or improved before the DEO which is to be sanctioned by him and due records be kept. Grant-in-aid is a novel concept in Kerala. It is used to improve the infrastructural requirements of a school. In the case of Government and aided school, the Manager should apply to the DEO for the Grant along with other particulars. But under what procedure the Grant is made is difficult to analyze. Some schools may get more grant compared to
  • 11. Centre for Public Policy Research 11 Government in each financial year. The Grants are made turn by turn for each school. others, some schools may not even get the grant. Insurance: In addition to the Insurance to the Teachers, the Kerala Government has introduced Insurance to children also called the ‘Group, Personal Accident Insurance scheme’. This novel scheme has been extended to all schools including the Vocational Higher Secondary Schools (VHSS). 9. Maintenance and support Maintenance to the buildings is to be done Annually and for which a Maintenance Grant is provided. The supports are usually done by the Government as per the policies they frame at the beginning of the financial year. Maintenance grant will be given to Managers at the rate of Rs.3.25 per pupil in the Lower Primary and Upper Primary and Rs.5 in the High School classes. The Educational Officers will inspect whether the maintenance work has been properly done and verify and scrutinize the accounts. Maintenance is usually not done in Government schools either because of the lack of funds or because of red-tapism and on a few occasions because of the ignorance of the concerned school agency. The private schools usually do maintenance work when they think so or in times of inspection from the Board or when there is a strong hue and cry to do so by the PTA. Free mid-day meal in schools has been observed successfully in every school in Kerala for classes till 7th . The various amenities provided are 60gm of Rice 30gm-Peas, 1 gm palmolien oil and condiments (now not given) and 1 egg or banana given once a week. Inspection of the schools are usually not done, unless in certain circumstances. The Government of Kerala has brought in the concept of Super check. The Super Check Officer used to conduct surprise inspection in aided schools to verify the strength of pupils and call for the records from the school authorities and Educational Officers and such other acts as may be deemed necessary. The Noon Day Meal Program is running well in the schools which have to be supervised by the AEO13 and the DPI14 . In addition to the regular noon feeding in schools special rice 5 Kilo gram per pupil is supplied to the students of each school during Onam, X'mas and Ramzan through Maveli Stores and Civil Supplies15 . It was started from the Academic year 1997-98 and is still continuing. These are all add-ons by the Kerala Government to the other Programs started by the Central Government like Sarva Shisksha Abhyan
  • 12. Centre for Public Policy Research 12 (SSA) and National Policy of Education (NPE). There are reports of diversion of funds and mismanagement of these schemes. 10. Scholarships The Government can by way of Notification in the Gazette make provisions for Scholarships There are provisions for granting scholarships to poor students, SSLC rank holders. There is a Scholarship exam namely Lower Primary School Scholarship Exam (LSSE) for students till 7 Standard whereby an amount of Rs 100 monthly is given to the student who has attained the scholarship. Similarly there is Upper Primary School Scholarship Exam (USSE) for 7 to 10 standard students of amount Rs 150. National Talent Search Examination (NTSE) for High School students is Rs 600. For SC/ST students the Tribal Welfare Department pays a stipend of Rs 100 per month for SC and for ST an amount of Rs 300 per year in addition to the other. For Muslim girls an amount of Rs 150 per month is provided from 5 to 10 classes which has to be sanctioned by the DEO. There are other provisions which the Government specifies by Notification in the Gazette for providing of a House to a financially weak student by looking into the annual income of the parents of the student The provision for Scholarships to the deserving students is one of the most important aspects of the Kerala Education. This is in addition to special consideration given to the Handicapped children for their education.
  • 13. Centre for Public Policy Research 13 CONCLUSION What gives the Kerala Schools a definite edge over the schools in other places in terms of administration, efficiency and quality? 1) Flexibility - The KER is not as rigid as it stands. It gives scope for private players to start schools and manage it without the Governments interference. A nominal amount of Rs 15000 is enough to show to the Government that the applicant has the financial credibility to start a school. Though the rules are not applicable to the Government schools while starting new ones, the rules have set minimum standards to the education sector. Thus the role of the Government has been that of a regulator in the modern times. 2) Aid – Provisions of salary to the teachers and management of a private body is a unique example for better results in Education sector. By doing so, the teachers are accountable to the management and to the state also. The management cannot bear the loss of fame of the school due to lack of accountability, responsibility and devotion of the teachers. This system is another way of utilizing public money under the auspices of the private management. 3) Hearing- Gives scope for Hearing in all levels in cases of complaints. The DEO will personally hear all complaints and look forward for suggestions which are a unique aspect in Kerala. This has made the system transparent compared to other sectors. This has set a norm for the subsequent decisions also. 4) Autonomy- It gives schools freedom to decide matters internally. Especially in the case of aided schools. the Government shall not interfere in the internal matters of the schools. In this respect, the Government has played the role of a facilitator. This has been a huge success in Kerala over the decades. 5) Dynamic Method of Education-The Teachers are encouraged to impart Dynamic Education to all students by way of Practical, Project, Activity and Expression Works. The Work Experience classes and Physical Instruction are the other aspects which are instrumental in better performance of students studying in Kerala Schools. English has always been an accepted language used in the Kerala Schools which give them definite edge over schools in other states. There has been a decision to include sex education for students in the various levels of Schools. The success of dynamic education has been the success of the autonomous management of the majority of the schools in Kerala. 6) Teachers Training-Specific Programs for increasing the quality levels of Teachers are another unique aspect. A unique feature found in Kerala is the provision of Probation of Teachers in schools. The Probation period is for 1 year and the Teacher has to show her quality in teaching during that period. This option is valid in the case of initial appointments of qualified teachers. The Manager can if he is not satisfied with the performance of the Teacher either extend the probation period or discharge he/ she from the Service with the permission of the DEO. 7) Education Movements- History says that the uniqueness of Kerala is in accepting Education as one of the most important areas in the Development of a State. Kerala is the first fully literate state in India which has been successful because of the great educational movements which started during the 1950’s. The “Ernakulam Model” had wide repercussions all over the country. The Kalajathas, a mass awareness program propagated the need for quality education in Kerala and has been successful throughout the State.
  • 14. Centre for Public Policy Research 14 Under these circumstances, it has been proved that over the years, the Government decisions and policy initiatives sometimes had gone in a wrong direction that only necessitated the review of KER. The openness and flexibility of KER has been a model for the rest of the country. Any modification or alteration to KER shall be done with utmost care and vision. There are many areas where KER needs an amendment like ‘education need’ as required for starting a school. At the same time, there are provisions that shall be enlarged like ‘private study’ to higher classes also than blaming it. DEFINTIONS Management of Schools: The authority, which runs a school, determines its type of management. Government: A Government school is that which is run by the State Government or Central Government or Public Sector Undertaking or an Autonomous Organisation completely financed by the Government. Local Body: A Local Body School is that which is run by Panchayati Raj and local body institution such as Zilla Parishad, Municipal Corporation, Municipal Committee Notified Area Committee and Cantonment Board. With respect to Kerala, Local Authority means a Panchayath at any level constituted under Kerala Panchayath Act, 1994 or a Municipality under the Kerala Municipality Act, 1994. Private Aided: A Private Aided School is that which is run by an individual or a private organisation and receives grant from government or local body. Private Unaided: A private Unaided School is that which is managed by an individual or a private organization and does not receive any grant either from government or local body. Private School: Means aided or recognised school. Recognised School: A recognised school is that in which the course(s) of study followed is/are prescribed or recognised by the government (Central/State) or a University or a Board constituted by law or by any other agency authorised on this behalf by the Central or State Government and which satisfies one or more of the authorities e.g. Directorate of Education, Municipal Corporation/Committee, Board, etc., with regard to its standard of efficiency. It runs regular classes and sends candidates for public examination, if any. School Category: School category will be determined as per the state pattern on the basis of the highest class in a school. For example, in a state where classes I-V, VI-VIII, IX-X and XI – XII form primary, upper primary , secondary and higher secondary stages respectively, the category of the school will be decided as follows:-  A school having classes up to V will be termed as Primary School.  A school having highest classes VI, VII or VIII will be termed as Upper Primary School.  A school having highest classes either IX or X will be termed as Secondary School.  A school having highest classes either XI or XII will be termed as Higher Secondary School.
  • 15. Centre for Public Policy Research 15 Unrecognised School :An unrecognised school is that which is not recognised but run regular classes in the pattern of recognised schools. This does not include coaching centers. Educational Officer means the District Educational Officer or the Assistant Educational Officer having immediate inspectional and administrative control over the school within his jurisdiction. Classification of schools in Kerala 1. Schools for General education i) Primary- From Std I to Std VII ii) Secondary- From Std VII to X Higher Secondary- From Std VIII to XI 2. Schools for special education- Physical Training schools, Fishery schools, Music, Fine Arts and schools for providing instruction and training for Teachers Certificate Examination. 3. Schools for the education of particular categories of students- Deaf, Dumb, Blind, Mentally handicapped, Leper schools, and schools for polio. 4. Other institutions connected with the educational system of the state- Bharat Scouts and Guides, NCC and ACC, Girls schools.
  • 16. Centre for Public Policy Research 16 ANNEXURE 1 Kerala Education Rules FORM 1 [See Rule V-2 (3) and (4)] APPLICATION FOR PERMISSION TO OPEN A SCHOOL OR A NEW STANDARD WITH A VIEW TO ITS SUBSEQUENT RECOGNITION 1. (a) Name and address of applicant (b) Whether individual or Corporate. If Corporate, the name of the Corporate Management should be furnished. (c) If Corporate, the number of schools under the Corporate Management and their location 2. Position of School Taluk Village 3. Position with respect to neighbouring schools as per enclosed sketch plan of the locality with names of all the schools within a radius of 3 miles of the proposed site and their distance from it. The distance from the nearest cemetary or cremation ground: 4. (a) Name of the proposed school (b) Class and grade of school with highest standard of instruction intended at opening (c) Whether new or in continuation of the existing school. 5. Date on which it is proposed to open the School. 6. (a) Nature of tenure of the property by owner (b) Whether the applicant proposes to acquire the site for the school and if so when? (c) Extent of site of the existing school which is proposed to be raised. 7. Reason for opening the school Lower Distance High Distance & from Schools from Upper the the Primary Proposed proposed Schools site site
  • 17. Centre for Public Policy Research 17 8. Whether the school will be open to all the classes of the community. 9. Details of the guarantees, the applicant a) Site can give of his ability to conduct the school b) Landed property for school successfully from a financial point of view: c) Nature of accommodation d) Ready money e) Other guarantees 10. Whether the applicant is already the Educational Agency of any recognized institution under the Department, and if so the name of the institution 11. Whether the applicant is prepared to furnish the cash security required by the department 12. Whether the applicant intends to run school as an aided Or recognized school 13. Whether the applicant or if corporate any member has been convicted of an offence involving moral turptitude by a court of law if so give details 14. Whether the applicant is prepared to absorb qualified teachers/non-teaching staff who after putting in service of 2 years and drawing 2 vacation salaries have been retrenched (from any of the aided High schools in the Education District or aided primary schools in the Education Sub-District)]in which the applicant proposes to open/upgrade the school and if so whether an agreement to that effect has been furnished DECLARATION I solemnly declare that the facts stated above are correct. Station………………………… Date…………………………… Applicant
  • 18. Centre for Public Policy Research 18 ANNEXURE II Kerala Education Rules FORM 2 [See Rule V-16 (1)] APPLICATION FOR RECOGNITION 1. Name of School……………………………………………………………… 2. Taluk……………………….……… Village……………………………….. 3. Class of School……………………….Grade of School……………………. 4. Date of establishment…………………………. 5. No. and Date of order sanctioning opening of School………………………. 6. Name and Address of Educational Agency…………………………………. 7. Name and Address of Manager …………………………………………….. 8. Standards already recognised 9. Standards for which recognition is now sought Standards Strength on date of Standards Strength on date of application application 10. Total area of (a) Class-rooms Length Breadth Height (b) Other Buildings do do do © Playground Length Breadth 11. (a) Number of Class-rooms and superficial and cubic area of each room, with the maximum number of pupils likely to be taught in each room (b) Whether the School introduced shift system. 12. Fees in each standard. 13. STAFF
  • 19. Centre for Public Policy Research 19 Name of Teacher 1 Designation 2 Salary assigned or to be assigned 3 Date of Birth 4 No. of licence or permit if any held by the teacher 5 Standards and the subjects taught 6 Total Service In the School In other recognised Schools, the names of such schools being specified 7 8 Highest general educational qualification with year of passing and full particulars 9 Highest Technical Examination passed with year and subject 10 Highest grade of trained teachers certificate with year 11 Highest grade of technical teachers certificate with year and subject 12 14. Sanitation, latrine and water supply Ordinary Special 1. 15. Furniture, apparatus and appliances. (Information separately for each Standard or class should be given) 16. If a library is provided whether a catalogue and a register of books issued are kept. 17. The registers maintained, and whether in the prescribed forms. Declaration On behalf of the management of the School, I hereby declare that the school fulfils all the conditions specified in the Kerala Education Act and the Rules under it and I promise to
  • 20. Centre for Public Policy Research 20 comply with all the conditions relating to the recognition of Schools affording public instruction and other matters which are laid down in the Kerala Education Act and the Rules under it. Station : ……………………. Date : ………………………. * This study is based on The Kerala Education Act, 1958 and The Kerala Education Rules, 1959. It has taken all the amendments and latest Government Notifications till 2005 into consideration. Meetings and interactions with the Education department officials, teachers and school managers helped to compile the findings