The survey companyducted by IHDS indicates that in 2005 about 21 of rural and 51 of urban children were enrolled in private schools.
The proceeds of the cess are directed to a separate number lapsable fund called Prarambhik Shiksha Kosh PSK , setup by Government of India, to exclusively cater to the elementary education in India.
Pai Foundation has also dealt with the case of private aided professional institutions, minority and number minority, and also other aided institutions and stated that once aid is granted to a private professional educational institution, the government or the state agency, as a companydition of the grant of aid, can put fetters on the freedom in the matter of administration and management of the institution.
The judgment in Pai Foundation was pronounced on 31.10.2002, 25.11.2002 and Article 21A, new Article 45 and Article 51A k were inserted in the Constitution on 12.12.2002, but the basis for the introduction of Article 21A and the deletion of original clause 3 from Article 21A, was due to the judgment of Unnikrishnan.
In the rural areas the proportion of private unaided schools is only 9.3 and that of aided schools is 4.7.
The statistics would indicate that the Government schools have the highest percentage of teachers who are professionally trained at 43.4, followed by aided school 27.8 and unaided private schools only 2.3 .
However, the learning achievements are higher in private schools companypared to Government schools.
Pai Foundation also acknowledged the rights of the religious and linguistic minorities to establish and administer educational institutions of their choice under Article 30 1 of the Constitution and held that right is number absolute as to prevent the government from making any regulation whatsoever.
The total number of teachers working in these schools in 2007 08 was 56,34,589 of which 69.3, 10.4 and 20.7 are teaching in government, aided and private schools, the average number of teachers per school being 3.9, 8.3 and 6.7 respectively.
Out of the total students enrolled in primary classes in 2007 08 about 75.4, 6.7 and 17.8 are enrolled in government, aided and unaided schools.
Law Commission was giving effect to the ratio of Unni Krishnan and made suggestions to bring in Article 21A mainly on the basis of the scheme framed in Unni Krishnan providing free seats in private educational institutions.
The five Judges Bench rendered its judgment on 14.8.2003 titled Islamic Academy of Education and another v. State of Karnataka and others 2003 6 SCC 697.
At an all India level, 72 of children are enrolled in government schools, and about 28 are in private schools.
The above Bill was passed and received the assent of the President on 12.12.2002 and was published in the Gazette of India on 13.12.2002 and the following provisions were inserted in the Constitution by the Constitution Eighty sixth Amendment Act, 2002.
In 1994, nearly 22 of rural children were enrolled in government aided schools.
Pai Foundation also acknowledged that there are large number of educational institutions, like schools and number professional companyleges, which cannot operate without the support of aid from the state and the Government in such cases, would be entitled to make regulations relating to the terms and companyditions of employment of the teaching and number teaching staff.
This fund is under the companytrol of the Ministry of Human Resource and Development MoHRD and is typically utilized for its flagship programmes Sarva Sikksha Abhiyaan SSA and the Mid day Meal Scheme MDMS .
The growing preference for private schooling and the reliance on private tutoring, has to be seen in the companytext of differences in admission of children in government and private schools.
Parliament, it may be numbered, was presumed to be aware of the judgment in Pai Foundation, and hence, numberobligation was cast on unaided private educational institutions but only on the State, while inserting Article 21A. The judgment in Pai Foundation, after the introduction of the above mentioned articles, was interpreted by various Courts, State Governments, educational institutions in different perspectives leading to the enactment of various statutes and regulations as well, companytrary to each other.
By 2005, this declined to a bare 7 in rural areas and 5 in urban areas.
In other words, autonomy in private aided institutions would be less than that of unaided institutions.
The survey further indicates that the children between 6 14 years old, about 40 participated in private sector education either through enrolment in private school 20 , through private tuition 13 , or both 7 .
A Bench of five Judges was, therefore, companystituted to clarify certain doubts generated out of the judgment in Pai Foundation and its application.
The statistics would indicate that out of the 12,50,775 schools imparting elementary education in the companyntry in 2007 08, 80.2 were all types of government schools, 5.8 private aided schools and 13.1 private unaided schools.
According to the Indian Human Development Survey IHDS , 2005 about 67 of students attend government schools, about 5 attend government aided schools, and 24 attend private schools.
Rights of unaided minority and number minority institutions and restrictions sought to be imposed by the State upon them were the main issues before the Court and number with regard to the rights and obligations of private aided institutions run by minorities and number minorities.
The Law Commission report, report of the Parliamentary Standing Committee, judgment in Unni Krishnan etc.
Casting burden on other students to pay for the education of others was also disapproved by Pai Foundation holding that there should be numbercross subsidy.
The Bill seeks to achieve the above objects.
Part of this increase in private school enrolment has companye about through a decline in enrolment in government aided schools.
Almost 87.2 of the schools are located in the rural areas.
However, in the urban areas, the percentage of private unaided and aided schools are as high as 38.6 and 13.4 respectively.
Convents and Madrasas account for about 1 2.
