Commercialization of Education in India; Legal Perspective:

By:- Mr. Pradeep Dubey

Legal Advisor, Iaan

In India, there has been rapid expansion of private higher education institutions in the last decade. A large number of universities & affiliated colleges and deemed to be universities have come up. Though a majority of these institutions have been set up as “not for profit” institutions in the education sector, the real story is something else. The Government has consistently held the view that education in India is not regarded as a commercial activity and all educational institutions have to be set up in the “not for profit” mode. ‘Fee Fixation Committees’ have been set up by the State Governments, which are fixing fee for all professional and technical courses. 

The Government has taken following initiatives to curb commercialization of education:

1.    Right of Children to Free and Compulsory Education (RTE) Act, 2009:
Section 13 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 clearly prohibits collection of any capitation fee.

2.    UGC Act, 1956

Clause 12A(2)(d) of the UGC Act, 1956 provides for the minimum standards which a person possessing such qualification should be able to maintain in his work relating to such activities and the consequent need for ensuring, so far as may be, that no candidate secures admission to such course of study by reason of economic power and thereby prevents a more meritorious candidate from securing admission to such course of study.

3.    The Deemed to be Universities are regulated by the UGC (Institutions Deemed to be Universities) Regulations, 2010 and its amendment in the year 2014 and 2015. Various provisions have been added in the UGC Regulations, 2010 to prevent commercialization of higher education.

4.   Private Universities are regulated by the UGC as per the provisions contained in the UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003. Clause 3.9 of the above regulation provides that the admission procedure and fixation of fees shall be in accordance with the norms/guidelines prescribed by the UGC and other concerned statutory bodies.

5.    Pursuant to the Judgment of the Hon’ble Supreme Court of India in the “Islamic Academy of Education Vs the State of Karnataka” and “T.M.A. Pai Foundation Vs the State of the Karnataka”, Fee Fixation Committees have been set up by the State Governments, which are fixing fee for all professional and technical courses.

 
The country needs a good number of professionals, engineers, MBAs, doctors and other technically educated youth in the years and decades to come. It is therefore the pious duty of all key players and stake holders to join hands and contribute their mite in pursuit of fulfillment of the national objectives in the field of higher education keeping aside individual business greed and other considerations.