**Summary:**
In response to concerns raised in Lok Sabha Unstarred Question No. 140 regarding fee hikes by educational institutions, the Ministry of Education clarifies the roles of the Central and State Governments in regulating school fees. As education is a subject on the Concurrent List of the Constitution, the regulation of fees charged by private schools (excluding those owned or funded by the Central Government) falls under the jurisdiction of respective State Governments. Therefore, the specifics of fee regulation are determined by the Rules and Instructions of the State Government concerned.
The Ministry of Education highlights the Right of Children to Free and Compulsory Education (RTE) Act, 2009, which ensures free and compulsory elementary education for children aged 6-14 in neighborhood schools. Section 12(1)(c) of the RTE Act mandates that private unaided schools reserve at least 25% of entry-level seats for children from weaker sections and disadvantaged groups, providing them with free and compulsory elementary education. Furthermore, Section 13 of the RTE Act prohibits the collection of capitation fees. The response was provided by Shri Jayant Chaudhary, Minister of State in the Ministry of Education, on July 21, 2025.
Key Entities Referenced
Ministry of Education: A ministry of the Government of India responsible for education.
Lok Sabha: The lower house of the Parliament of India.
Shri Kaushalendra Kumar: Member of Parliament who raised the question about fee hikes.
Shri Jayant Chaudhary: Minister of State in the Ministry of Education who provided the answer.
Concurrent List of the Constitution: A list of subjects in the Constitution of India on which both the central and state governments can legislate.
State Governments: The governments of the individual states within India, having jurisdiction over schools other than those funded by the Central Government.
Right of Children to Free and Compulsory Education RTE Act, 2009: An Act of the Parliament of India enacted to provide free and compulsory education to all children of the age of six to fourteen years.
Section 121 c of the RTE Act, 2009: Section of the RTE Act, 2009 mandating reservation in private unaided schools for children belonging to weaker sections and disadvantaged groups.
GOVERNMENT OF INDIA
MINISTRY OF EDUCATION
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
LOK SABHA
UNSTARRED QUESTION NO. 140
ANSWERED ON 21/07/2025
Fee Hike by Educational Institutions
†140. Shri Kaushalendra Kumar:
Will the Minister of EDUCATION be pleased to state:
(a) whether the Government proposes to lay any fixed criterion regarding fee hike by the
educational institutions keeping in view the high fees being charged by the said educational
institutions, if so, the details thereof;
(b) whether the business of charging high fees by educational institutions is flourishing due to lack
of quality education in Government schools/educational institutions; and
(c) if so, the details thereof along with the concrete action proposed to be taken by the Government
to check the said practice?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF EDUCATION
(SHRI JAYANT CHAUDHARY)
(a) to (c): Education is a subject in the Concurrent List of the Constitution. Schools, other than those
owned/funded by the Central Government, are under the jurisdiction of the respective State
Governments. Therefore, matters relating to fees charged by private schools and related issues are
regulated in terms of Rules and Instructions of the respective State Government concerned.
However, under the Right of Children to Free and Compulsory Education (RTE) Act, 2009,
every child, of the age of six to fourteen years, has a right to free and compulsory elementary
education in a neighbourhood school. Section 12(1) (c) of the RTE Act, 2009 mandates reservation
in private unaided schools for children belonging to weaker sections and disadvantaged groups to
the extent of at least 25% seats at entry level and provision of free and compulsory elementary
education to such children till its completion. Also, Section 13 of the RTE Act, 2009 clearly
prohibits the collection of any capitation fee.
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