Coaching institute deaths in Delhi: Draft rules propose to set up ‘competent authority’ in each district to regulate private coaching institutes

Months after three civil services aspirants died due to flooding of basement of a coaching institute in Rajendra Nagar area of the national capital, draft rules framed by amicus curiae and senior advocate Siddhartha Dave on Friday suggested putting in place a legal regime to regulate the functioning of private coaching institutes.

‘The Model Rules on Infrastructure, Safety and Regulation of Private Coaching Institutes, 2024’ submitted by Dave in the Supreme Court recommended creating a Competent Authority with the District Magistrate as its Chairman in each district to register and regulate private coaching institutes.

He suggested that the Superintendent of Police (Member), District Education Officer (Member Secretary), Principal of one Government College of that district to be nominated by the Chairperson (Member), two representatives of private coaching institutes in the district to be chosen by a draw of lots amongst the registered private coaching institutes (Member) would be part of the Competent Authority.

“Every private coaching institute established before the commencement of these Rules shall get itself registered with the Competent Authority concerned within a period of three months from the date of commencement of these Rules, in such manner, as may be prescribed,” Dave suggested.

“After the commencement of these Rules, no coaching institute shall be established or operate without obtaining a valid registration certificate under these Rules. Every coaching institute shall obtain a separate registration certificate for each branch of the said institute from the Competent Authority having jurisdiction over the district where such branch of the coaching institute is located,” he recommended.

Terming the recent deaths of three civil services aspirants due to drowning in the basement of a coaching centre in the national capital as an “eye-opener for one and all”, the Supreme Court had on August 5 taken suo motu cognisance of the matter and issued notices to the Centre and the Delhi Government.

A Bench led by Justice Surya Kant – which had appointed Dave as amicus curiae – will consider the draft rules before issuing directions on the issue.

Shreya Yadav (25) hailing from Uttar Pradesh, Tanya Soni (25) from Telangana and Nevin Dalvin (24) from Kerala -- the three IAS aspirants -- drowned to death after rainwater entered the basement of Rau's IAS Study Circle in Old Rajinder Nagar here on July 27, triggering protests by students/civil services aspirants demanding better safety measures at coaching centres and civic amenities in the area.

According to the Draft Rules, the coaching institute shall mention the tuition fees for each course taught by that institute and the tuition fees shall include all expenses required to be paid by the student for the said course. Coaching institutes are required to furnish details of policy regarding fee refund, number of maximum students in each batch; number of tutors at the coaching institute and there shall be a ratio of at least 1 tutor for every 40 students.

In case of violation of any of the provisions of these Rules, a private coaching institute, including the owner, proprietor, or other persons involved in the operation or functioning of such coaching institute, shall be liable, for each such violation, to pay a penalty of Rs 50,000 for the first violation, and rupees 2 lakh for the subsequent violation, the Rules proposed.

“In case the violation still continues, then the registration of the private coaching institute shall be cancelled. The penalty shall be in addition to all other penalties and/or offences committed under all existing applicable laws,” Dave suggested.

The owner, proprietor, and any other person responsible for the operation or functioning of a coaching institute shall be personally and vicariously liable for any penalties, or offences which may be committed due to the violation of any provisions of these Rules. The personal and vicarious liability of such persons shall extend to any criminal acts, offences, or acts of negligence caused during the operation of such coaching institute, the Draft rules suggested.