| ign="center"> | | | | would be unfair to apply the same rules and |
| For over a decade, there has been growing | | | | regulations to both aided and unaided professional |
| concern that opportunities for higher education to | | | | institutions. While the unaided institutions are |
| the weaker/minority sections of the society are | | | | entitled to autonomy in administration, they |
| rapidly getting eroded. The persistence of | | | | cannot disregard the principle of merit. However, |
| inequities is manifest in local and regional disparities | | | | admission of students to unaided educational |
| of access, gender discrimination, non-affordable | | | | institutions viz., Schools, Under Graduate, Post |
| fee structures, confusing eligibility requirements, | | | | Graduate colleges, where the scope for |
| bewildering admission procedures, reduced | | | | merit-based selection is practically nil. |
| government support, unabashed commercial | | | | It would be therefore permissible for the |
| practices, and lack of socially sensitive | | | | University or the Government, at the time of |
| government policies on higher education. More | | | | granting recognition, to require a private unaided |
| opportunities are available to the urban population | | | | institution to provide for merit-based selection |
| and those with higher economic status. | | | | while at the same time giving the management |
| Since the days of Kerala Education Bill case, there | | | | sufficient discretion in admitting students. This can |
| has been much controversy on the constitutional | | | | be done through various methods. |
| dimension of minority rights to set up institutions | | | | Here again the reality is that capitation fee is the |
| of higher education, catering to religious and | | | | main criterion. While many private professional |
| linguistic minorities. While, St. Xavier’s case, | | | | institutions that have been conferred the status |
| which held the field for a long time, the situation | | | | of Deemed Universities in recent years enjoy |
| underwent a change after Unnikrishnan case. But | | | | freedom from governmental interference. Most of |
| now, after TMA Pai Foundation case the entire | | | | them have disregarded the principles of |
| jurisprudence has been changed. | | | | transparency and non-commercialisation. |
| Under Article 30(1) of the Indian Constitution, | | | | It is for the Central Government or State |
| religious and linguistic minorities have the right to | | | | Government(s), in the absence of a Central |
| establish and administer educational institutions of | | | | legislation, to come out with a detailed well |
| their own choice. The use of the words of | | | | thought out legislation on the subject. The |
| their own choice indicates that even | | | | Committees that regulating the admission |
| professional educational institutions would be | | | | procedure and fee structure shall continue to |
| covered under Article 30. | | | | exist, but only as a temporary measure and |
| It is to be agreed that education, now occupies | | | | inevitable passing phase until the Central |
| the centre-stage of jurisprudence and for a long | | | | Government or the State Government(s) are |
| time to come, will remain an occupation or | | | | able to devise a suitable mechanism and appoint a |
| business rather than a welfare activity of | | | | competent authority. |
| national importance. Of course the new view of | | | | There is no doubt that State should withdraw |
| private education with profit making incentives is | | | | from creating conditions, where the humbler |
| necessity. This is in terms with the World | | | | humans have an equal opportunity for higher |
| Bank’s Privatisation Policy or Philosophy | | | | education. Secularism is the basic concept of the |
| that State should withdraw from the field of | | | | Constitution and this is no longer in doubt. The |
| education. The TMA Pai verdict virtually opens the | | | | idea of giving some special rights to theminorities |
| constitutional door wide to the private unaided | | | | is not to have a kind of a privileged or pampered |
| educational institutions. | | | | section of the population but to give to right to |
| Private education is one of the most dynamic and | | | | the minorities a sense of security and feeling of |
| fast growing segments of post secondary | | | | confidence. |
| education at the turn of the twenty-first century. | | | | It appears doubtful if governments would be |
| A combination of unprecedented demand for | | | | willing to undertake any of these measures. It is |
| access to higher educational institution and inability | | | | an open secret that the professional institutions |
| or unwillingness of government to provide the | | | | engaged in undesirable commercial practices are |
| necessary support has brought the private higher | | | | owed or control by powerful persons. Many are |
| educational institutions to theforefront. Private | | | | major donors to political campaigns. However a |
| higher educational institutions, with long history in | | | | limited power of regulation is still vested in |
| many countries, are expanding in scope and | | | | government, which is welcome. |
| number, and are becoming increasingly important | | | | Report this article |
| in parts of the world that relied almost entirely on | | | | This article is copyright |
| the public sector. It is well established all over the | | | | Source: |
| world that those who seek professional education | | | | |
| must pay for it. | | | | |
| Taking notice of the cost of infrastructure and | | | | Ask a Question About this Article |
| better amenities, the requirements of the | | | | >> Certificate in foreign languages ( |
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| the Pai Foundation judgment holds that, the | | | | >> What is Spanish for |
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| upon any funds from the government. | | | | Capitalism ? |
| The very same judgment also stated that, it | | | | |