State has authority to regulate admissions, fee of private-run professional colleges: SC
Updated: May 3, 2016 10:05 IST
Holding that the right to establish and administer educational institutions comes with “clutches and shackles”, the Supreme Court on Monday ruled that the State's authority to regulate admissions and fixing of fee by private unaided professional education institutions is a “reasonable restriction” in the larger public interest.
A Constitution Bench led by Justice Anil R. Dave held that the right to establish and administer of private unaided professional institutions is not absolute, but subject to the regulatory powers of the State meant to check profiteering and commercialisation of education.
“With liberalisation, the government has encouraged establishments of privately managed institutions. It is done with the hope that the private sector will play vital role in the field of education with philanthropic approach/ideals in mind as this activity is not to be taken for the purpose of profiteering, but more as a societal welfare,” Justice A.K. Sikri, who authored the judgment for the Bench, observed.
The court held that commercialisation of education will not be tolerated and the government has a vital role to see that private institutions, especially professional ones, are meant to spread education and not to make money.
The court said how there are regulatory bodies in all vital industries like insurance, electricity and power, telecommunications. “Thus, it is felt that in any welfare economy, even for private industries, there is a need for regulatory body and such a regulatory framework for education sector becomes all the more necessary,” Justice Sikri wrote.
The court was hearing a batch of petitions filed by private self-financing medical and dental colleges against a Madhya Pradesh law — Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 — which sought to regulate admission and fixation of fee for post graduate courses in private professional educational institutions in the State.
This law also provided reservation of seats to persons belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes in professional educational institutions.
The colleges had argued that the law infringed their fundamental right under Article 19(1)(g) of the Constitution to lay down the eligibility criteria for admission and admit the students as well as fix their own fee. They quoted the 11-judge decision of the Supreme Court in T.M.A. Pai Foundation case to argue that right to administer educational institution is recognised as an 'occupation' under the Constitution.
They complained of how the law foisted “excessive” reservations on them, leaving hardly any seats for unreserved categories. eom
Capitation fee is illegal; profiteering, commercialisation of education sector unacceptable: Supreme Court
In a landmark judgement, the Supreme Court on Monday ruled that Capitation fee being charged by the educational institutes is illegal.
Taking note of hard reality of very high capitation fee taken by various colleges for admission, the apex court said that educational institutions should not just focus on making profits, but run on 'no-profit-no-loss' basis, The Times of India report said.
A five-judge Constitution bench of Justices AR Dave, AK Sikri, RK Agrawal, AK Goel and R Banumathi that commercialisation of education sector is not permissible and put the onus on the government to curb malpractices.
The bench observed that the admission process should only be based on merits.
While expressing concern over the prevalence of capitation culture in the country, the SC categorically said, “profiteering and commercialisation are not permitted and no capitation fee can be charged.”
"Education is treated as a noble occupation on 'no-profit-no-loss' basis. Thus, those who establish and are managing the educational institutions are not expected to indulge in profiteering or commercialise this noble activity,” the ToI report quoted the SC bench as saying.
The top court said the government should ensure that educational institutions were not indulging in commercialisation.
First Published: Tuesday, May 3, 2016 - 10:55
May 03 2016 : The Times of India (Chennai)
NEET as it gets: Private univs double MBBS fees
Pushpa Narayan
With Rs 1 Cr Course Cost, Colleges Will Not Admit On Merit Unless They Can Pay
Private universities in Tamil Nadu have start ed increasing the tui tion fee for MBBS courses this academic year in anticipation that candidates in all states will have to take the National Eligibility cum Entrance Test (NEET). In premier colleges, a student joining MBBS this year will end up paying at least `80 lakh for the four-and-a-half-year course, not to speak of the illegal capitation fee.The Supreme Court's order The Supreme Court's order has made it mandatory for medical colleges to admit students solely on merit. But many eligible students may still have to stay out if they are unable to afford the fee charged by private universities. Effectively, colleges can make a mockery of the list by increasing the fee and admitting only those who can afford the higher fee. Private colleges decided to hike the fee ahead of the SC order, as though they had caught wind of what was coming.
“If we don't have a merit list, these colleges will continue to demand capitation fee. Seats will be given to people who can afford it and not to those who deserve. We have never been able to stop it. NEET is important for private medical colleges,“ said Dr G N Ravindranath, who heads Doctors' Association for Social Equality .
The tuition fee in government colleges is `4,000 (per semester) and a student pays `10,000 as annual fee. “Students here are admitted through transparent single-window counselling. Pushing for NEET in government colleges is not the appropriate thing to do,“ he said. At Saveetha University , the annual tuition fee for MBBS is `15 lakh for 2016-17, up from `9 lakh in 2014-15. Moreover, students have to pay `3 lakh towards equipment fee and `15,000 as admission fee in the first year.
“This means tuition and equipment fee for the course will be around `70 lakh. The college says there will be additional fees for hostel rooms, books and food. There is no way I can afford this for my son even if I take a loan. I am not even sure if the bank will sanction so much for my child's education,“ said Chennai-based businessman G Satyanathan, whose 17-year-old son aims to join a medical college this year.
Parents say colleges have not openly discussed capitation fee so far. “Some employees of colleges have asked us to keep ready up to `50 lakh in cash,“ amother parent said.
Every year, on an SC order, a committee appointed by the state reviews tuition fee at private colleges affiliated to the state medical university . Panel members say they can only review tuition fee, not other charges. Deemed universities are also out of their purview.
In the past five years, tuition fees have nearly doubled in most private medical colleges.The rise is steeper in deemed universities. Parents say students joining the course this year will pay twice as much as the batch passing out this year did. Private universities say their overheads have been high.“MCI stipulations for hospitals and college infrastructure are stringent. If we have to fulfil that, we will have to charge students,“ said Sri Ramachandra University V-C Dr J S N Murthy .
Taking note of hard reality of very high capitation fee taken by various colleges for admission, the apex court said that educational institutions should not just focus on making profits, but run on 'no-profit-no-loss' basis, The Times of India report said.
A five-judge Constitution bench of Justices AR Dave, AK Sikri, RK Agrawal, AK Goel and R Banumathi that commercialisation of education sector is not permissible and put the onus on the government to curb malpractices.
The bench observed that the admission process should only be based on merits.
While expressing concern over the prevalence of capitation culture in the country, the SC categorically said, “profiteering and commercialisation are not permitted and no capitation fee can be charged.”
"Education is treated as a noble occupation on 'no-profit-no-loss' basis. Thus, those who establish and are managing the educational institutions are not expected to indulge in profiteering or commercialise this noble activity,” the ToI report quoted the SC bench as saying.
The top court said the government should ensure that educational institutions were not indulging in commercialisation.
May 03 2016 : The Times of India (Chennai)
NEET as it gets: Private univs double MBBS fees
Pushpa Narayan
|
With Rs 1 Cr Course Cost, Colleges Will Not Admit On Merit Unless They Can Pay
Private universities in Tamil Nadu have start ed increasing the tui tion fee for MBBS courses this academic year in anticipation that candidates in all states will have to take the National Eligibility cum Entrance Test (NEET). In premier colleges, a student joining MBBS this year will end up paying at least `80 lakh for the four-and-a-half-year course, not to speak of the illegal capitation fee.The Supreme Court's order The Supreme Court's order has made it mandatory for medical colleges to admit students solely on merit. But many eligible students may still have to stay out if they are unable to afford the fee charged by private universities. Effectively, colleges can make a mockery of the list by increasing the fee and admitting only those who can afford the higher fee. Private colleges decided to hike the fee ahead of the SC order, as though they had caught wind of what was coming.
“If we don't have a merit list, these colleges will continue to demand capitation fee. Seats will be given to people who can afford it and not to those who deserve. We have never been able to stop it. NEET is important for private medical colleges,“ said Dr G N Ravindranath, who heads Doctors' Association for Social Equality .
The tuition fee in government colleges is `4,000 (per semester) and a student pays `10,000 as annual fee. “Students here are admitted through transparent single-window counselling. Pushing for NEET in government colleges is not the appropriate thing to do,“ he said. At Saveetha University , the annual tuition fee for MBBS is `15 lakh for 2016-17, up from `9 lakh in 2014-15. Moreover, students have to pay `3 lakh towards equipment fee and `15,000 as admission fee in the first year.
“This means tuition and equipment fee for the course will be around `70 lakh. The college says there will be additional fees for hostel rooms, books and food. There is no way I can afford this for my son even if I take a loan. I am not even sure if the bank will sanction so much for my child's education,“ said Chennai-based businessman G Satyanathan, whose 17-year-old son aims to join a medical college this year.
Parents say colleges have not openly discussed capitation fee so far. “Some employees of colleges have asked us to keep ready up to `50 lakh in cash,“ amother parent said.
Every year, on an SC order, a committee appointed by the state reviews tuition fee at private colleges affiliated to the state medical university . Panel members say they can only review tuition fee, not other charges. Deemed universities are also out of their purview.
In the past five years, tuition fees have nearly doubled in most private medical colleges.The rise is steeper in deemed universities. Parents say students joining the course this year will pay twice as much as the batch passing out this year did. Private universities say their overheads have been high.“MCI stipulations for hospitals and college infrastructure are stringent. If we have to fulfil that, we will have to charge students,“ said Sri Ramachandra University V-C Dr J S N Murthy .
“If we don't have a merit list, these colleges will continue to demand capitation fee. Seats will be given to people who can afford it and not to those who deserve. We have never been able to stop it. NEET is important for private medical colleges,“ said Dr G N Ravindranath, who heads Doctors' Association for Social Equality .
The tuition fee in government colleges is `4,000 (per semester) and a student pays `10,000 as annual fee. “Students here are admitted through transparent single-window counselling. Pushing for NEET in government colleges is not the appropriate thing to do,“ he said. At Saveetha University , the annual tuition fee for MBBS is `15 lakh for 2016-17, up from `9 lakh in 2014-15. Moreover, students have to pay `3 lakh towards equipment fee and `15,000 as admission fee in the first year.
“This means tuition and equipment fee for the course will be around `70 lakh. The college says there will be additional fees for hostel rooms, books and food. There is no way I can afford this for my son even if I take a loan. I am not even sure if the bank will sanction so much for my child's education,“ said Chennai-based businessman G Satyanathan, whose 17-year-old son aims to join a medical college this year.
Parents say colleges have not openly discussed capitation fee so far. “Some employees of colleges have asked us to keep ready up to `50 lakh in cash,“ amother parent said.
Every year, on an SC order, a committee appointed by the state reviews tuition fee at private colleges affiliated to the state medical university . Panel members say they can only review tuition fee, not other charges. Deemed universities are also out of their purview.
In the past five years, tuition fees have nearly doubled in most private medical colleges.The rise is steeper in deemed universities. Parents say students joining the course this year will pay twice as much as the batch passing out this year did. Private universities say their overheads have been high.“MCI stipulations for hospitals and college infrastructure are stringent. If we have to fulfil that, we will have to charge students,“ said Sri Ramachandra University V-C Dr J S N Murthy .
No comments:
Post a Comment