Coaching centre deaths: Can’t be business as usual

The tragic drowning of three UPSC aspirants in an illegally-run basement library of a coaching centre in Old Rajinder Nagar in New Delhi is yet another grim reminder of the callous negligence to safety exhibited by coaching centres as well as civic authorities around the country, putting at risk the lives of young students. It is also indicative of the systemic apathy and corruption that erodes the enforcement of laws in the country.

Ironically, it was only after the death of the three youngsters on July 27 owing to flooding of the basement, following heavy rains, that the Municipal Corporation of Delhi (MCD) woke up to the fact that ‘Rau’s IAS Study Circle’ was permitted to use the basement only for car parking and storage. Running a library or classes there was illegal, and the building had also encroached on the storm water drain, affecting draining of rainwater, and desilting and cleaning of drains. That the MCD had turned a blind eye to such violations by coaching centres on a large scale was also obvious from the fact that following the tragedy, the MCD sealed over 60 coaching centres and libraries running from basements in violation of building bylaws.

In fact, the MCD had been forewarned about the illegal use of the basement for running classes and a library by a UPSC aspirant who had sent a complaint in June, followed by two reminders in July. Prompt action by the local government could well have prevented the deaths of three youngsters. Besides, the Delhi High Court had directed the MCD and the Delhi Development Authority (DDA) repeatedly last year, and again this year, to close all coaching centres not conforming to statutory requirements under the Delhi Master Plan 2021 and the Delhi Fire Services Act and Rules. “There can be no compromise on the issue of safety of students,” the High Court had said. Neither the coaching centre nor the MCD complied.

The brazenness with which the coaching institutes violate the law is also evident from the fact that ‘Rau’s IAS Study Circle’ had got a no-objection certificate (NOC) from the Delhi Fire Service (DFS) on the basis that the basement was used only for storage. The DFS, which issued a fire NOC accordingly on July 9, has now started the process of cancelling the certificate. Similarly, even after the MCD had shut down coaching centres on the orders of the High Court, inspection by a team of lawyers on the request of the High Court in April this year found that some of the coaching centres were still running, under a new management or under a new name!

But then, this is the situation in most parts of the country. Following the death of three students in Delhi, several states/cities ordered inspection of coaching centres and sure enough, found flagrant violation of building bylaws and fire safety laws. Inspection of coaching institutes in Sector 34 of Chandigarh by the UT Estate Office on July 30 found many institutes using basements as classrooms, reading rooms, counselling rooms and reception offices, in gross violation of Chandigarh building laws. In Indore, the administration sealed 13 coaching institutes or study centres for running classes and libraries with no fire safety equipment, and just one narrow entry and exit. The Bhopal administration inspected nine centres and sealed six of them. In Kota, the administration ordered closure of 13 libraries operating in the basement. In Gurugram, a media report quoting fire officials said 300 coaching centres were running without the fire NOC. However, one can be sure that as the horrific incident in Delhi fades from memory, the checks will also come to a halt and it will be business as usual, for both coaching centres as well as the enforcement agencies.

It was the same attitude that killed 22 teenagers and injured an equal number in a devastating fire at a coaching centre in Surat on May 14, 2019. The coaching classes were being conducted in a makeshift structure constructed on the terrace of the multi-storey Takshashila Arcade, with absolutely no fire safety provisions. With no escape route, most died from the smoke, while others died while jumping from the third and fourth floors in a bid to escape the fire. Many were also injured in the process. This once again spurred many cities to conduct inspections of coaching centres for fire safety, but obviously such regulatory oversight was only temporary because soon after, there were reports of fires in coaching centres from many cities, including Chandigarh and Ludhiana.

In Delhi, students of a coaching centre in Mukherjee Nagar had a harrowing experience in June last year when the electric meters installed along the staircase on the ground floor caught fire. The smoke escaped through the staircase into the second and third floors, where coaching classes were on. Sixty-one students were injured while trying to escape clinging on to water pipes as well as electric cables dangling outside the second and third floors, after breaking the glass window. Two coaching centres were operating in the building, with no thought given to the safety of students.

The extent of infringement of safety laws in the coaching industry can be gauged from the status reports submitted last year to the Delhi High Court, which had taken up the issue suo motu as well as in response to several petitions filed after the Mukherjee Nagar incident. As per the Delhi Police, out of the 583 coaching institutes running in the national capital, only 67 had an NOC from the Delhi Fire Service. The DFS told the court that its survey of 461 coaching centres showed that the requisite fire preventive and safety measures were not in place.

In fact, following the Mukherjee Nagar fire, several cities ordered checks on coaching centres for fire safety, but the effectiveness of those regulatory actions were as usual short-lived. On May 31 this year, for example, 25 students of a coaching institute in Sector 16 of Panchkula had a narrow escape following a fire caused by a short circuit in an electrical panel on the stairs, that blocked the students’ exit and denied access to fire fighters to reach the second floor. The fire personnel had to break open a glass window and use ladders to evacuate the students. The institute did not have a fire NOC.

The Delhi tragedy should act as a wake-up call and force all states to regulate the coaching centres at least now in a transparent and corruption-free environment. For too long, these tutorials, which collect hefty fees ranging from ~1.75 lakh to ~3 lakh per year, have cocked a snook at law enforcement agencies, at the cost of students’ life and safety. Today, only about half a dozen states have laws to regulate them and even these are not being enforced properly.

Now that the Centre has issued (in January this year) comprehensive guidelines for registering and regulating the industry, all states and UTs must adopt them. The guidelines, aimed at ensuring proper standards vis-à-vis infrastructure, curriculum and qualification of teachers, also deal with false and exaggerated advertisements and promotions by coaching centres, fees and refunds. These mandate proper counselling of students through trained and qualified counsellors and psychologists to ensure the mental well-being of students.

In the absence of proper regulation and registration, it’s anybody’s guess as to how many coaching centres operate in the country. However, their numbers are certainly going up sharply, thanks to the burgeoning number of aspirants looking for coaching to succeed in competitive examinations, and the widening gap between demand and availability. According to Infinium Global Research, a market research firm based in Pune, the Indian coaching class market is expected to go up from the 2021 valuation of ~58,088 crore to ~1,33,995 crore by 2028. This calls for urgent measures to rein in recalcitrant coaching centres and also hold the administration, including top officials, accountable for their failure to enforce laws, and in particular for the consequent mishaps.

Exercise your right to safety

Youngsters planning to join a coaching class should remember that they are consumers of the service being provided by the coaching class, and as a consumer paying for that service, they have a right to safety and the coaching centre has an obligation to comply with all relevant laws and make that declaration on the application form. Remember, your demand will force them to comply. Patronise only those coaching centres that assure you of your safety. Nothing is more precious than life!

Consumers can seek redress

• The question of whether education comes under the purview of consumer courts is still before the Supreme Court, but fortunately, the apex consumer court has drawn a distinction between educational institutions and coaching centres. It has held that “coaching centres cannot be equated to regular schools or colleges, which are regulated by a regulatory authority and also confer a degree or diploma on a student who has passed in the examination conducted as per rules and norms in the statute and also by universities concerned”. (Fiitjee Ltd vs Pramod Pareek, RP No. 462 of 2013)
• So, under the Consumer Protection Act, consumers can seek redress, including compensation, from those who run coaching classes for unfair trade practices, deficient and negligent services and also for the consequences of such practices or violation of prescribed laws.

Fast-track prosecution

• Criminal prosecution of offenders in tragedies such as the one in the basement of ‘Rau’s IAS Study Circle’ should be fast-tracked so that punishment is meted out quickly. In addition to the owners of coaching centres, those in the administration who failed to enforce the law should also be hauled up — that’s the only way to activate these agencies.
• In the Surat coaching class case of May 2019, where 22 teenagers were killed, 13 persons, including the owners of the coaching class, and officers of the Surat Municipal Corporation were arrested and are out on bail. The parents are still waiting for justice and from all accounts, it is going to be a long wait.

— The writer is a consumer affairs expert