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The Role of Judiciary in The Development of Education

The Role of Indian Judiciary in the development of education in India. The interpretation of the right to education by the Indian Judiciary.

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Kumar Spandan
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764 views

The Role of Judiciary in The Development of Education

The Role of Indian Judiciary in the development of education in India. The interpretation of the right to education by the Indian Judiciary.

Uploaded by

Kumar Spandan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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The Role of Judiciary in the Development of

Education
In India, the right to education at elementary level is a fundamental right.
After Mohini Jain v. State of Karnataka, all level of education were declared as
fundamental right of Indian citizen which was later on altered by the judgement of
Unni krishnan v. State of Andhra Pradesh, and it was declared that up to 14 years of
age every individual in India will get free and compulsory education.

Unaided Professional Institutions


In two judgements of the Supreme Court, apparently conflicting, the issue of
Capitation Fee Colleges was also sorted out. In 1992, the Supreme Court practically
banned high fees charging private colleges stating that capitation fee is potentially
unreasonably unfair and unjust. But in 1993, it reversed its judgement under the
name of self-financing colleges. Thereafter, elaborate mechanisms were developed
by the Government that helped in proliferation of self-financing capitation fee
colleges in the country.

The Judicial Trend


In the case of T. M. A. Pai Foundation v. State of Karnataka (2002), an 11judge bench of the Supreme Court declared that the scope of governmental
regulation in unaided educational institutions was curtailed. The court held that the
state cannot interfere if the admission was on merit and a reasonable fee was being
charged. However, minority educational institutions receiving aid from the state
would have to admit a reasonable number of students from non-minority groups.
In the Islamic Academy v. State of Karnataka (Islamic Academy case) (2003),
the Supreme Court interpreted the T.M.A. Pai judgment as having declared that
unaided professional institutions are entitled to autonomy in their administration, but
at the same time they should not forgo or discard the principle of merit. Secondly, it
held that in unaided non-minority professional colleges a certain percentage of seats
could be reserved by the management for students who had passed the Common
Entrance Test held by itself or by the state/University, while the rest of the seats
might be filled up on the basis of counselling by the state agency. Thirdly, the Bench
suggested that unaided professional colleges should also make provisions for
students from the poorer and backward sections of society. It said the government
could prescribe the percentage of seats according to local needs, and different
percentages could be fixed for minority and non-minority institutions.
The Pai Foundation case has changed the legal landscape for higher
education. Unaided Professional Educational institutions became more autonomous.
Educational institutions started their own entrance examinations. Based on this, the
Supreme Court in the Inamdar case held that reservation in private institutions is
unconstitutional. Parliament passed a Constitutional amendment to overcome this.
The validity of this amendment is yet to be decided upon.

The Ratio of P. A. Inamdar & others v. State of Maharashtra (2005) has further
curtailed the government control over the private educational institution. The
Supreme Court's judgment of the seven-member bench held unanimously that
private unaided educational institutes are allowed to charge a particular sum which
is reviewable by a committee appointed by govt., as these institutions are exercising
their fundamental right of freedom of trade and occupation. The Court held that
enforcing the reservation policy of the State on seats in unaided professional
institutions constitutes a serious encroachment on the right and autonomy of these
institutions. The Bench held that merely because the State's resources in providing
professional education are limited, it cannot force private educational institutions,
which intend to provide better professional education, to make admissions on the
basis of its reservation policy to less meritorious candidates. In order to maintain the
standard of education the government are asked to set again a committee supervise
the process of admission. Thus the govt. control is there up to the extent of
establishment of a committee in this regard.

Mandal Commission and Reservation in Educational


Institutions
The Mandal Commission was a set up by the Prime Minister of India in the
year 1979. Its objective of setting up was to identify the socially or educationally
backward classes. It was set up under Article 340 of the Constitution of India, under
which it is obligatory for the Government to promote the welfare of Other Backward
Classes. The objectives of the Commission was to determine the criteria under which
the socially or educationally backward classes should be determined and more
importantly how to advance these classes to a better standard of life in society by
collecting factual data and facts and judging in conditions of these classes in detain
to make a comprehensive report.
The Mandal Commission has however been criticized for various reasons. It
allocated reservations on the basis of caste; this was a violation of the principles of
Equality and was not suitable to a country which dappled in secularism. The
discrimination should have been made on grounds of classes who are truly deprived
and not castes.

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