The schools, which are affiliated to boards such as the International Baccalaureate (IB) and Cambridge International Examinations (CIE), are governed by the rules of their own boards. The government is yet to frame any regulations to monitor their activities.
Representatives from these schools have petitioned the human resources ministry seeking exemption from the law, which warrants all unaided schools to reserve 25 per cent of seats for children of weaker sections. The law also wants all schools to get recognised from the local government.
The schools are of the view that domestic laws in India should not apply to them since they are affiliated to international boards. Certain institutions such as Pune-based Mercedes-Benz International School have moved the Supreme Court on the issue.
“The government is unlikely to give them any exemption. These institutions are bound to follow the rules and laws in India as long as they are operating in the country,” a ministry source said.
As per the RTE Act, unaided schools must admit children from economically weaker sections to the extent of 25 per cent of their strength and give them free education.
The government will reimburse the expenses borne by these schools for poor children at the rate fixed by it. According to the government rate, annual expenditure per child is Rs 4,481 at the elementary level and Rs 10,150 at the secondary level.
Currently, there are 64 IB-affiliated schools in the country and over 200 schools affiliated to CIE. The institutions charge fees ranging from Rs 12 lakh to Rs 20 lakh per student per annum.
These schools enjoy a liberal regime with no government control. They recruit teachers from abroad, arguing that foreign teachers are often better equipped to teach international curricula. Sources reveal that the government may draft a law to limit the recruitment of foreign teachers.
The RTE law has come into force since April 1, 2010. The law makes education a fundamental right of every child in the 6-14 years age group.