CHAPTER V :OPENING AND RECOGNITION OF SCHOOLS
1. Recognised and provisionally Recognised Schools and Standards:-
2. Procedure for determining the areas where new schools are to be opened for existing schools upgraded –
(a) The existing schools in and around the locality in which new schools are to be opened or existing schools are to be upgraded;(b) The strength of the several standards and the accommodation available in each of the existing schools in that locality;(c) The distance from each of the existing schools to the area where new schools are proposed to be opened or to the area where existing schools are to be upgraded;(d) The educational needs of the locality with reference to the habitation and backwardness of the area; and(e) Other matters which he considers relevant and necessary in this connection
2A. Applications for opening of new schools and upgrading of existing schools –
2B. Review of orders by Government :–
3. Devolution of powers regarding recognition of schools and withdrawal of permission granted to open schools-
പുതിയ വിദ്യാലയങ്ങള് ആരംഭിക്കുന്നതിനുള്ള അനുമതി നല്കുന്നതിനും നിഷേധിക്കുന്നതിനുമുള്ള ഓഫീസര്മാരില് നിക്ഷിപ്തമായ അധികാരങ്ങള്
(a) The Director*/DDE
shall be competent
(*Power delegated to DDE)
(i) to sanction the conversion of ordinary Primary and Training schools into Basic and Basic Training schools in consultation with the Local Educational Authority (if any) subject to the total number fixed by Government for conversion each year;
(ii) to withdraw in consultation with the Local Educational Authority (if any) permission granted to open Primary, Special and Training Schools;
(iii) to withdraw permission granted to open standards in secondary schools;
(iv) to sanction the next higher Standard in complete Secondary Schools and more than one higher Standard at a time in incomplete primary and secondary schools and to close down Training Schools and Standard in Secondary Schools. The Local Educational Authority (if any) will be consulted before Training Schools are closed down;
(v)to accord permission for granting temporary recognition to schools beyond one year
(vi) to change sites of private schools of all categories in consultation with the Local Educational Authority (if any):
(vii) to change the names of private and Government Schools;
[(viii)x x x x x]
(ix) to disposeതീര്പ്പ്കല്പ്പിക്കുക of appeal over the orders of the District Educational Officers regarding recognition of schools.
(a) Not withstanding anything contained in Rule 2, the Director* may for valid and sufficient grounds condone the delay in applying for permission to open higher standards in any school].
(b)The District Educational Officer
shall be competent:
(c) The Assistant Educational Officer
shall be competent;
5. Application fees –
APPLICATION FEE | |
LP | ₹ 10 |
UP/TRAINING SCHOOL | ₹ 20 |
HS | ₹ 30 |
6. Documents etc. to accompany the application –
(i) the chalan receipt for the application fee prescribed in the previous Rule;(ii) a sketch plan of the site of the proposed school;(iii) a sketch plan of the locality showing the positions of the proposed school and the neighbouring schools which already serve the educational needs of the locality and the distances of the proposed site from the neighbouring schools also marked;(iv) a declaration by the applicant that the first instalment of financial guarantee when necessary- Vide Rule 7 will be deposited on the date of opening the school and the subsequent instalments on the dates prescribed.(v)Documentary evidence to show the applicant’s absolute ownership or his right to be in exclusive possession for a period of not less than six years of the site and buildings (if any) of the proposed school; and(vi) In cases where there are no buildings; a sketch plan of the proposed buildings with a declaration undertaking to put up the necessary buildings as per approved plan and to provide the necessary equipments before a specified date.(vii) A declaration by the applicant in the case of opening of new recognized unaided schools or upgrading of existing recognized unaided schools that he shall not at any time apply for the conversion of the unaided Recognised Schools into aided schools.(viii) an agreement duly executed by the applicant to the effect that he is prepared to absorb qualified teachers/non teaching staff who are eligible for protection as per orders issued by Government from time to time and that any such orders shall form part and parcel of the agreement as if they were incorporated in the agreement.
7. Financial guarantee –
(a) Rupeesthree thousandin the case of a Secondary School to be paid in three consecutive annual installments of rupees one thousand each, the first instalment being on the date of opening of the school;
(b) Rupees one thousand and five hundred in the case of an Upper Primary or Senior Basic School to be paid in three consecutive annual instalments of rupees five hundred each, the first installment being on the date of opening of the school and
(c) Rupees one thousand and five hundred to be deposited at the time of opening in the case of a Training School, if not attached to an Upper Primary or Secondary School. If attached to an Upper Primary School or Secondary School a financial guarantee of rupees five hundred shall be deposited for the Training Section at the time of the opening.
(d) Rupees seven hundred and fifty in the case of Lower Primary or Junior Basic School to be paid in three consecutive annual instalments of Rupees two hundred and fifty each, the first instalments being on the date of the opening of the school.
8. Fee income to be utilised for Educational purpose
Note– (i) Fee income shall be taken to include tuition fees, fines and admission fees.Note(ii) “Educational purposes” do not include the deposit of financial guarantee. In case any doubt arises as to whether any particular item of expenditure comes under the term “educational purposes” it shall be referred to the Director for final decision.
9. Conditions for grant of permission to open new schools
No permission to open a new school shall be granted:-
(i) If the applicant does not possess absolute ownership or right to be in exclusive possession for a period of not less than six years over the site, buildings and other properties of the school;(ii) If the application is defective in material respects;(iii) If the declaration regarding the financial guarantee, where necessary, is not furnished;(iv) If the educational needs of the locality do not require the opening of a new school(v) If the situation of the school is inaccessible to all the members of the public;(vi) If a person convicted of an offence involving moral turpitude is a member or an office- bearer of the managing body.
11. Grant of permission to open new schools
If Government are satisfied that permission to open the schools included in the development plan may be granted, they may issue an order to that effect through the Director specifying therein:
(i) the Educational Agency in whose favour the permission is granted;(ii) The grade of school, i.e. Lower Primary, Upper Primary, or Secondary etc;(iii) the Standard or Standards to be opened;(iv) the location of the school;(v) the date from which the school should start functioning; and(vi) the conditions to be fulfilled by the Educational Agency in respect of the site, area, building, equipments. staff, financial guarantee and such other matters.
(i) A copy of the order shall be furnished to the Local Educational Authority (if any).(ii) No school which has not been included in the development plan of the Educational Authority (if any) shall be opened.(iii) The Educational Agency shall, at the time of communicating the sanction ,also be informed of the period, which shall not ordinarily exceed three months, within which the conditions should be fulfilled and application for recognition made. In all cases, absolute ownership or right to be in exclusive possession for a period of not less than six years of the necessary site prescribed shall be a sine qua non and in no case shall permission to open a school without the requisite area be granted.(iv) The school shall not be allowed to function from the date from which permission was given for opening the school unless all the conditions imposed for the opening are satisfactorily fulfilled on or before the opening date.(v) In the case of recognized unaided schools, the schools shall not be allowed to function from the date from, which permission was given for opening or upgrading the school unless the applicant executes an undertaking in the form given below that he shall not move Government, at any time for the conversion of the school into an aided school, the permission granted for opening of the school shall automatically lapse.
12. Appeal against the orders regarding opening of schools and renewal of rejected applications-
13. Permission to lapse if schools is not opened on due date-
(2) If the *Director is satisfied that there are unavoidable circumstances on account of which the new school could not be opened on the stipulated date, he may grant an extension of time up to a maximum limit of one month from the re-opening day.
13A. Withdrawal of recognition and permission for false declaration:-
14. Opening to be reported to the Educational Officer:-
(i) the date of opening(ii) the location(iii) the standards opened(iv) the names and qualification of the staff and(v) the accommodation and equipment provided. The Educational Officer shall visit the school immediately and report to the Director as to whether the conditions stipulated for opening the school have been satisfied.
15. Withdrawal of permission
16(a). Application for recognition
17. Conditions to be satisfied for grant of recognition-
(i) The school must have been opened with permission under Rule 11;(ii) Its financial conditions must be satisfactory and no instalment of the financial guarantee specified in Rule 7 must be in default;(iii) Teachers must have been appointed in accordance with the relevant provisions in the Kerala Education Act and the Rules under it;(iv) The Educational Agency or the Manager that may be appointed by it must undertake in writing to have the school accounts annually audited by auditors approved by the Director or the auditors authorised by the Government;(v) The school must be necessary to meet educational needs of the locality; and(vi) It must be conducted in accordance with the provisions of the Kerala Education Act, the Rules under it, and the directions issued by the Government or the Department from time to time.
18. Recognition to be refused to schools guilty of improper competition etc.-
19. Matter to be specified in an order granting recognition to a school-
(i) the Educational Agency in whose favour it is issued;(ii) the grade of the school, with special name, if any;(iii) the Standard or Standards to which recognition is granted;(iv) the location of the school; and(v) the date from which recognition will take effect. The recognition so granted shall not apply to any other Educational Agency or to any other school or standard or to any other location.
(i) the Educational Agency;(ii) the name of the school;(iii) the location of the school;(iv) the Standard to which recognition is granted; and(v) the date from which recognition shall have effect. The recognition so granted shall not apply to any other Educational Agency or school or to any other standard or location.
21. Orders granting recognition –
22. Withdrawal of recognition –
(i) If it does not continue to conform to the conditions of recognition.(ii) If it commits any breach of the provisions of the Act and the Rules; and Departmental Rules and directions issued in conformity with the provisions of the Act and the Rules issued thereunder;(iii) If it fails to maintain a proper standard of efficiency and discipline;(iv) If the audited statements of accounts are not produced as required by he Department within six months of the close of the year to which the accounts relate; or if facilities are not given for audit by auditors appointed by the Director or by other auditors authorised by the Government;(v) If it has on its staff any teacher who has been declared by the Government or the Department to be unfit to be a teacher or a teacher whose license has been suspended or cancelled;(vi) If it is under management of a person who has been declared by the Department to be unfit to be a manager of a recognised school;(vii) x x x];(viii) If the salary of any teacher in the school is not being paid to him in accordance with the terms;(ix) x x x];(x) If the management fails without adequate cause to depute the teachers for training as may be required by the Department;(xi) If a person who is convicted of an offence involving moral turpitude continues to be member or an office bearer of the managing body of a school].(xii) if donations, by whatever name called, are obtained, either directly or indirectly, in connection with the admission of a pupil to any standard in the school or the promotion of the pupil to a higher Standard at or before or after such admission or promotion, from any of the parents or other relatives or guardian of the pupil
22-A. Withdrawal of recognition for want of minimum strength –
(1) The minimum effective strength per standard in Lower Primary Upper Primary and High Schools shall be 25.
(3) The Director may in deserving cases grant exemption form minimum strength for a school for a specified period. It shall also be competent for the Director to withdraw the recognition of existing schools or permission granted to open new schools if they do not have the minimum strength.
23A. Review
23B. Appeal
23BB.Revision
(a) Confirm modify or set aside the order.
(b) remit the case to the authority, which made the order or any other authority directing such further action or inquiry as they consider proper in the circumstances of the case; or
(c) pass such other order as they deem fit: Provided that before passing an order under this rule, the Government shall give to the Educational Agency, concerned a reasonable opportunity to show cause why such order should not be passed and shall consider its explanations and objections, if any.
23C. Bifurcation of Schools: –
24. Closure of Private Schools:-
25. In the event of closure, records to be handed over to the Department:-
26. Release of financial guarantee:-
27. Withdrawal of recognition to be notified in the Gazette-
28. Recognised institutions prohibited from competing in improper manner with other recognised schools:
29. If a private school ceases to exist or is transferred to a different locality or to a different educational agency without the sanction of the competent authority the recognition granted to it shall lapse.