“How Far Is It Permissible Under the Constitution for the State to Control and Regulate Admission and Fee in Private Unaided Educational Institutions?”

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Submitted By skumar
Words 11403
Pages 46
The Law operating in this field
The specific question that: “How far is it permissible under the Constitution for the State to control and regulate admission and fee in private unaided educational institutions?” has bothered the Supreme Court on a plethora of occasions. The apex court in its wisdom has answered the above-mentioned question although meticulously but has left it open-ended.
The primary and the contemporaneous issue that whether the constitution of India guarantees a fundamental right to education to its citizens was answered in affirmative by the Supreme Court in the case of Unnikrishnan, J.P. v. State of Andhra Pradesh. [1] An eleven judge bench of the Supreme Court for the first time, inter alia addressed the issue of fee structure in detail in the case of T.M.A. Pai Foundation & Ors. Vs. State of Karnataka & Ors. [2] (hereinafter referred to as the Pai Foundation case). A bench of eleven judges was constituted so that it would not be bound by any of their earlier decisions. The fact that merits consideration is that the apex court was divided in its opinion in this case, which gave rise to subsequent questions, arising from the different interpretations by the different High courts.
The apex court was vigilant enough to take into cognizance the ambiguities which had arisen from the aforesaid judgment, hence it constituted a constitution bench comprising of five judges to clarify the doubts which had arisen in the Pai foundation case. The Pai foundation case was elaborated and simplified in the case of Islamic Academy of Education and Anr. Vs. State of Karnataka and Ors.[3] Despite the sincere efforts made by the Supreme Court to clarify the doubts and to answer the questions which had arose subsequent to the Pai Foundation case, the Islamic Academy case had its own lacuna and failed to serve the said purpose.
Finally, in 2007, another bench of…...

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