BY- ADV.SHYAM SAHU
BA. LL.B. LL.M (NET)
EMAIL -shyamnathsah@gmail.com
Alladi
Krishna Aiyyar[1]
INTRODUCTION
"Maata Shatroo Pitaa Vairi Yen
Balo Na Pathitaa, Na Shobhati Sabha Madhye Hans Madhye Kabo Yadha". This
is a Sanskrit saying depicting the importance of education. It means that
"A mother and father who do not encourage their child's education are his
enemies indeed, an illiterate among educated one is the same as, in a group of
swans the crow is neither wanted nor admired. Education has always been and
continues to be one of the most important needs of mankind. It helps man
indoctrinate values and apply the technical know how in real life situations.
Now the India has the largest student population in the world over 230 million
and low literacy rate. Also there is a short supply of educated manpower which
is employable, on the other hand Government of India targets to guarantee
elementary education to every child between the ages of 6 to 14 years, and
improved higher education also, which needs to increase access to education as
well as improve the quality of education. In the content of the current
changing social and economic fabric of country, the recent paradigm shift in
Indian economy and political philosophy has led to the demand of private institution
as to meet the challenges. In fact the trend has shifted to commercialization
of education. It is argued that due to lack of funds investments in public
funded institutions is being reduced and it is not possible to increase the
number of state funded universities and colleges. Therefore FDI in higher
education would solve this problem. Another argument is that since a large
number of Indian students go abroad for higher education, by allowing foreign
educational institutions opening their campuses in the country will arrest the
outflow of Indian students. As a result, a relatively larger number of Indian
students would be able to access quality higher education in the country itself
which would be relatively much less expensive in terms of fees, travelling
costs and living expenses abroad. This would also not allow the outflow of our
foreign exchange reserves.
It is also argued that foreign higher
educational institutions would create competition with the local institutions
enabling them to become internationally competitive. This competition would
force the local institutions to change their curricula and respond to the
immediate needs of the students. And by this, the degrees offered by these
institutions will become internationally comparable and acceptable. Further,
the FDI in education would create new institutions and infrastructure and
generate employment. So Government of India is actively doing some legislative
attempts and taking executive action to promote commercialization and
privatization of education. In this paper discussion have been made on
historical overviews ,what does our constitution says? Up to what extent it is
permissible and impact of this phenomenon in Indian context and judicial
response.
MEANING
According to the dictionary meaning the
word 'commercialise' means: To render commercial, make a matter of trade or the
subject to commercialism.[2] To
apply commercial or business method, to make use of, or exploit mainly for
profit, especially at the expense of quality, or to imbue with commercialism.
Thus the word commercialization shows the profit as the main motive behind any
activity.
The term education has been defined
as- the process of developing and training the powers and capabilities of human
beings.[3]
Thus if there is sale of services or profit motive behind imparting of
education or funds come mainly from the receivers of education, we can easily
say that there is commercialization of education.
BACKGROUND
The history of education in India is
very rich and interesting. Education is a way to gather knowledge and enrich
one's thought. It is the learning of knowledge, information and skills during
the course of life. There is an array of educational opportunity at the
informal level as well as formal level. Education always evolves out of
historical and cultural contexts. India's current educational system is a
product of centuries-old dualities that characterize the genius and decadence
of an ancient but wounded civilization. Education is also visualized as an
evolutionary force so that each individual is enabled to evolve from purely
material consciousness towards superior planes of intellectual and spiritual
consciousness. Education is also perceived as a bridge between the past,
present and the future and as means by which the best of the heritage is
transmitted to the new generation for its further progression. India has the
world's oldest and largest education system. Its antiquity and diversity are
reflected in the roots of cultural norms and institutions that go back to a
distant and venerable past.[4]
(i) Education in
Ancient India
Education in Ancient India conforms to
the third century BC. During the early period, sages and scholars imparted
education orally and after that the introduction of alphabet writing developed
on palm leaves and barks of trees. In addition to that, temples and community
centers often took the role of schools. Gradually the concept of Gurukul System
originated. The Gurukul system of education is one of the oldest on earth.
Gurukuls were traditional Hindu residential schools of learning. At the
Gurukuls, the teacher imparted knowledge of religion, scriptures, philosophy,
literature, warfare, statecraft and mathematics, medicine, astrology and
history.
(ii) Education in
Medieval India
Education in medieval India was the
result of fundamental changes brought about by rise of Buddhism and Jainism.
According to the History of Education in India, in the medieval period
universities imparting higher education at Nalanda, Takshila, Ujjain, and
Vikramshila flourished. During the medieval period, the Mughals came to India
and introduced Madrasah system to the Indian educational system. In addition to
that the Persian influence was quite visible in the Indian education system.
(iii) Education in
Modern India
Another noticeable modification took
place during the British period. Education in Modern India refers to the period
of 18th century. The concept of school developed during this era.
Every temple, mosque or village in country had schools. These schools guided
students to read and write, arithmetic, theology, law, astronomy, metaphysics,
ethics, medical science and religion. The style and content of Indian society
during the 19th century witnessed a radical change. Women education
was introduced and educational rights became a Fundamental Right for citizens
of India.
Education in modern India gained a
whole new facet with the promotion of western education in India which almost
inevitably started with the coming of the British. The British employed the
strategy of emotional and intellectual colonization in India, to consolidate
the political immigration. It was the affinity of the elite section of Indian
society to English culture, ideology and education, which facilitated the
British to psychologically harness the nations mindset.
The three universities of Calcutta,
Madras and Bombay established in 1857 were in the port cities of India training
their human resource to the needs of the labour market.
The goals of British education in
India were articulated in 1835 by Thomas Macaulay[5]-
"We must do our best to form a
class of persons Indian in blood and colour, but English in taste, in opinions,
words and intellect."
EDUCATION AS A MATTER
OF RIGHT
Undoubtedly, education has accepted as
a basic human need and matter of right in International Law. The right to
education is clearly acknowledged in the United Nations UDHR, adopted in 1948
which states[6]:
"Everyone has the right to education. Education shall be free at least in
the elementary and fundamental stages."
What does our
Constitution says?
Indian Constitution is known to be a
document committed to social justice. Whatever there were no any provision
expressly guaranteed right to education as a fundamental right but still there
are certain provision in Indian Constitution[7]
having a bearing on education before Art. 21-A but when we go through our
Constituent Assembly debate, we see the maker of Constitution did not
recognised right to education as a fundamental right.
Constitutional Assembly
Debate
Article 45 of the draft constitution
prepared by constitutional advisor provides[8]-
"The
State shall endeavour to provide free and compulsory education to children up
to age of 14 within a period of ten years from commencement of
constitution." There were divergent view regarding inclusion of right to
primary education as justifiable right some were view it should not be a
justifiable right. The subcommittee on fundamental right had decided to include
right to primary education as a fundamental right. Sir A. Krishnaswami Ayyar
differing from majority was not in favour to include as justifiable right and
some other. However the advisory committee on the suggestion of Pandit G.B.
Pant decided to include it as a non-justifiable right Article 37 of the
constituion by the advisory provided-
"Every citizen is entitled to
free primary education and it shall be the duty of state to provide within a
period of ten year after commencement of Constitution, for free and compulsory
education for all children until the completed the age of 14."
Drafting committee made a change by
inserting the word 'state shall endeavour to provide', in the place of 'it
shall be duty of state to provide', Pandit L.K. Maitra suggested to deletion of
words 'Every citizen is entitled to free primary education, Mr. Nazirudin Ahmed
suggest for the substitution of the word 'Primary education' for the word
education. This motion was negatived. Explanation given by Dr. Ambedkar that
'It was not the intention of framer to restrict the education at primary level
only.'
Thus we see the maker of Constitution
did not recognised right to education as a fundamental right. They recognised
them non-justifiable right.
As a Fundamental Right-
The judicial decision from which the
right to education emanated as a fundamental right was Mohini Jain vs State of
Karnatka[9].
In this case Supreme Court said-
"The right to education flows
directly from the right to life. The right to life and dignity cannot be
assured unless it is accompanied by the right to education…."
POSITION IN OTHER COUNTRIES
A provision that finds a distinctive place
in any Constitutional document is the subject of free education upto a certain
standard to the citizens of the country. It is ensured as a fundamental right
and invariably made compulsory. In certain countries such as Ireland, Denmark,
Estonia, Luxemburg, Netherlands and Columbia, the State provides for free
primary education but there is partial or no element of compulsion for the
State believes that the primary and natural educator of the child is the family.
Article 42 of the
Constitution of the Irish Republic states:
(1) That state acknowledges that the
primary and natural educator of the child is the family and guarantees to
respect the inalienable right and duty of the parents to provide, according to
their means, for the religious and moral, intellectual, physical and social
education of the children.
(2) Parents shall be free to provide
this education in their homes or in private schools or schools recognised or
established by the State.
Article 83 of the
Constitution of the Kingdom of Denmark of June 5, 1915, with amendments of
September 10, 1920 stated:
Children whose parents have not the
means to ensure them education have the right to free instruction in the public
school. Parents or guardians who themselves undertake the instruction of
children to the standard generally required by the public school are not
obliged to send their children to the schools.
Article 151 (21) of the
Constitution of the Republic of Equador of March 26, 1929, read:
Education is free, with no other
restriction than those specified by law, but official education and that
maintained by the municipalities are essentially secular and lay…..Primary
education and that is arts and crafts of an official character are gratuitous
and consequently not even enrolment fees may be charged. Furthermore, the
former is compulsory without prejudice to parents' right to give their children
the education they may deem suitable.
Article 23 of the
Luxemburg Constitution of October 17, 1868, stated:
The State shall ensure that every
Luxemburg national receives elementary education. The law shall prescribe the
manner in which the cost of public instruction shall be met…..
Article 200 of the
Constitution of Netherlands of November 30, 1887, as amended to 1938 stated:
In every commune public elementary
education comprising adequate general instruction shall be provided by the
authorities in a sufficient number of schools.
In the Republican
Constitution of Columbia of August 5, 1886, there was partial compulsion. Article 35
stated:
Primary instruction shall be free in
the schools of the State and obligatory to the extent defined by law.
Article 67 of the Constitution of the
Republic of Costa Rica reads:
Primary education
is compulsory, free and paid for by the Nation. It is under the direction of
the Executive power.
Article 3.IV of the Constitution of the United
States of Mexico states:
Primary education shall be compulsory
and shall be given free of charge by the State.
Article 130 of the
Constitution of the United States of Brazil reads:
Primary education is obligatory and
free.
Article 16 of the
Constitution of Greece stated:
Elementary education is obligatory for
all, and is given free by the State.
Article 21 of the
Rumanian Constitution read:
Primary education is compulsory. It
shall be given free of charge in the schools.
Article 72 of the
Peruan Constitution stated very briefly:
Primary instruction is obligatory and
free.
Article 78 of the
Constitution of Bulgaria stated:
Primary education is free and
compulsory for all subjects of the kingdom of Bulgaria.
Article 160 of the
Constitution of the Republic of China of December 25, 1946, stated:
Children of school age from six to
twelve shall all receive basic education free of tuition, and those who are
poor shall be supported with books by the Government.
Article 25 of the
Danish Law on the Administration of Greenland of April 18, 1925 stated:
It is obligatory for every healthy
child who has attained the age of seven years, whether his parents are Danish
or Greenlandish, to attend school unless the parents arrange for their adequate
education, which must be subject to school inspection. Obligatory school
attendance ceases when the child has attained its fourteenth year.
RIGHT TO IMPART
EDUCATION
This is about right to education, what
about right to impart education? Is it right? If a private individual wants to
establish an institution is it right or liberty? Article 30 (1) guarantees
religious and linguistic minorities the right to established and administer
educational institution of their choice. But what for other?
Mohit
Jain's case the Supreme Court rightly said as[10]
"We hold that every citizen has a
"right to education" under the Constitution. The State is under an
obligation to establish educational institutions to enable the citizens to
enjoy the said right. The State may discharge
its obligation through state owned or state-recognized educational
institutions. When the State Government grants recognition to the private
educational institutions it creates an agency to fulfil its obligation under
the Constitution. The students are given admission to the educational
institutions- whether state-owned or state-recognized- in recognition of their
"right to education" under the Constitution. Charging capitation fee
in consideration of admission to educational institutions, is a patent denial
of a citizen's right to education under the Constitution."
Capitation fee is nothing but a price
for selling education. "The concept of 'teaching shops' is contrary to the
constitutional scheme and is wholly abhorrent to the Indian culture and
heritage."
The Court had further said that
"Restricting admission belonging to the richer section of society and
denying the same to the poor meritorious, is wholly arbitrary, against the
constitutional scheme and as such cannot be legally permitted" (Para 20).
This is violative of Article 14 of the Constitution.
In St. Stephen College vs. University
of Delhi[11].
The Court expressly rejected the argument that every citizen has a fundamental
right to establish an educational institution as a right under Article 19(1)(g).
Then comes T.M.A. Pai Foundation[12]
case: In this case the Judges agreed that establishing an educational institution
is not any trade, profession or business, but they held that it is an
"occupation" within the meaning of Art. 19(1)(g) of the Constitution.
They said that it is "occupation" i.e., an activity of a person
undertaken as a means of livelihood or mission of life.
Of course, they repeat that there can
be no caption fee and profiteering (without realizing what they had said
earlier). Again it is said: "………The occupation of education is in a sense,
regarded as charitable……." And "……..To put it differently, in the
establishment of an educational institution, the object should not be to make a
profit, inasmuch as education is essentially charitable in nature. There can,
however, be a reasonable revenue surplus, which may be generated by the
educational institution for the purpose of development of education and
expansion of the institution."
So education begins as a
"charity" but it soon becomes "occupation" no profiteering
but "reasonable surplus". Is it not sale of education?
In the meanwhile the Supreme Court in
the Islamic Academy case (2003) tried to introduce a system of checks and
balances, to regulate the hyper commercialization of professional education. It
has directed the State Governments to set up a committee headed by a retired
High Court Judge and including a Chartered Accountant and representatives of
the Central and State Agencies in the field to assess the colleges and
prescribe a fee structure commensurate with the infra-structure and academic
facilities provided by them. For admissions, the apex court has fixed a 50:50
seat sharing formula for the government and the management quotas, but filled
through a common entrance test and selection process. While allowing the States
to fix a quota for the private minority institutions, the Court has recognized
the 'preferential right' of these institutions to accord priority in admission
to students from their communities. There is two other clear directions from
the Bench: admissions must be based on merit and through a common entrance
test; and provision must be made for quotas for the poor and the backward.
CONSTITUTIONAL
PROVISION
In India Constitution there are certain
provision of the Constitution of India having a bearing on education.
Part
III - Fundamental
Rights - Article 15
Article 21A
Article
30
Part
IV - D.P.S.P - Article 32(2)
Article 41 Article 45
Article
46
Part
IV A - Fundamental duties - Article 51 (A)
Article
51 (A) (k)
Part
XI - Relation between Union and State
Who's Right
Article
21A- ‘The State shall provide free and compulsory education to all children of
the age of six to fourteen years in such manner as the State may, by law,
determine.’
As a Duty
Article
51 A (k) -
Who is parent or guardian to
provide opportunities for education to his child or as the case may be ward
between the age of 6 to 14.
Article
51A (j) - The duty of every citizen
"to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour and
achievement.
This raised an important question: Who
will help the poor and downtrodden to fulfil the fundamental duty? What will
happen of the duty to achieve excellence remains inaction due to poverty? Has
anybody the corresponding right to help the have nots to strive for excellence?
The centre has exclusive power to make
laws in respect of the items in List I (Union list) while the States have the
power to make laws for items covered in List II (State list), for those
included in List III (Concurrent list) Centre and States both can legislate. In
the Union list six entries pertaining to education provide for Institutions of
National importance[13],
Central Universities[14],
institutions of Scientific and technical education[15],
Union agencies and institutions[16],
Co-ordination and determination of standards[17]
and ancient historical monuments[18]
on which parliament has exclusive powers to make laws. The State legislatures
have power to make laws in respect of institutions not of national importance[19]
and agricultural education[20].
Subject to the power of Parliament, the Centre and States both have power to
make laws for education, including technical education, medical education and
university.[21]
The Constitution has placed on the
Central government the responsibility to meet the need for co-ordination of
facilities and the maintenance of standards at the higher levels.
The centre-state relationship, looking
to the above set up, gives centres the dominant position. The important or
essential aspects of education are with the Centre and the residue is left to
the states.
WHO REGULATES EDUCATION
IN INDIA?
As the number of educational
institutions imparting higher and professional education has been in increase,
the problem of recognition, affiliation, proper-planning, co-ordination and
determination of standards is attracting the attention of Parliament and some
State legislatures. And they enacted laws of education. The following
parliamentary legislations have played an important role in regulating higher
education in India.
The University Grants
Commission Act, 1956
The Act, established a Commission for
the co-ordination and determination of standards in Universities. The
Commission, in consultation with the Universities and other bodies, it
empowered to take all such steps as it may think fit for the promotion and
co-ordination of University education[22].
It is empowered to regulate the fee chargeable in constituent and affiliated
colleges, so that admission to such course of study may not be regulated by
economic power and thereby preventing a more meritorious candidate from
securing admission.[23]
If the University fails to comply with
the recommendations of the commissions funds may be withheld.[24]
No educational institutions except a University can award degrees.[25]
Commission is also empowered to make regulations while rule making power is
conferred upon the Central Government.[26]
The Indian Medical
Council Act, 1956
This Act was passed to uniformly
regulate the medical education in India. The Council deals with all matters
connected with "Recognized medical qualification"[27]
and "approved institutions".[28]
The Council is empowered to withdraw
recognition in cases where it finds the lowering of standards of proficiency,
knowledge of skill.[29]
The rule making power is conferred
upon the Government while regulation making power conferred upon the council.
The All India Council
for Technical Education Act, 1987
The Act provides for the establishment
of the "All India Council for Technical Education" (AICTE) for the
proper planning and co-ordinated development of the technical education system
throughout the country, promotion of qual9iitative improvement of such
education and other allied matters. There three bodies have been referred to
specially because:
1. They are already in existence.
1. They are already in existence.
2. They are vested with over-riding powers
which, if enforced, can lead to far reaching changes, and
3. They have been facing problem of
commercialization of education in particular.
UGC Act was amended in 1985 to empower
it to prescribe fees at every level. Had the UGC discharged this responsibility,
it would not have been necessary for the Supreme Court to intervene.[30]
The incorporation, regulation and
winding up of Universities is within the competence of the State Legislatures.
However, in order to maintain the standards of higher education, the UGC
(Establishment of and Maintenance of Standards in Private Universities).
Regulations, 2003 were issued on 27th December, 2003 and are in
force.
The Punnayya Committee
1992-93
The Punnayya Committee that was set up
by the University Grants Commission made valuable recommendations on the need
for the Universities to identify various other means of revenue generation. The
Committee has recommended that as a general rule. Universities should generate
15% of its annual maintenance expenditure through internally generated
resources and this should go up to at least 25% at the end of ten years. The
Committee also recommended that students receiving higher education should also
bear a reasonable proportion of the cost of higher education. [31]
Dr. Swaminathan Panel
1992
The
Dr. Swaminathan Panel which was set up by the All India Council
for
Technical Education also made important observations on the mobilisation of
additional resources for technical education in India. The Panel has put forth
the idea of collecting educational cess from industries and other
organisations.
The Birla Ambani Report
2000
The Prime Minister's Council on Trade
and Industry appointed a Committee headed by Mr. Mukesh Ambani and Mr.
Kumarmangalam Birla to suggest reforms in the Educational sector. The
Committee, which submitted its report in the year 2001, highlighted the
important role of the State in the development of Education. Some of the
suggestions in the report include:
(i)
The Government should confine itself to
Primary Education and the higher education should be provided by the Private
sector.
(ii)
Passage of the Private University Bill.
(iii)
Enforcement of the user-pay principle in
higher education.
(iv)
Loans and Grants to the economically and
socially weaker sections of society.
The Report suggested that the
Government must concentrate more on Primary Education and less on Secondary and
Higher education. It also recommended the passing of the Private Universities
Act. The Birla-Ambani Report further recommended that the Government must
encourage business houses to establish Educational Institutions.
National Knowledge
Commission[32]
Sam Pitroda, Chairman, National
Knowledge Commission (NKC) submitted, in January 2007, annual report to the
Prime Minister. The NKC's 'Report to the Nation 2006', which caters to the
demands of the big business, has given recommendations regarding reforms in
existing public universities, undergraduate colleges, regulatory structure,
financing, quality, creation of National Universities as centres of academic
excellence and access to marginalised and excluded groups. However, the
'initiatives' or prescriptions provided by the NKC in its Report are contrary
to the purpose. These prescriptions are no different than those provided by the
infamous Birla-Ambani Report, the Concept Paper for the Model Act for all the
universities,
Yash
Pal Committee to Advise on Renovation
and Rejuvenation of Higher Education
Prof Yashpal and his committee[33]
members have, in their report to the Ministry of Human Resource Development,
suggested the scrapping of all higher education regulatory/monitoring bodies
and creation of a super regulator : a seven-member Commission for Higher
Education and Research (CHER).The committee in its final repot, submitted to
the Ministry of Human Resource Development (MHRD) on June 24, recommended that
the deemed university status be abandoned and that all deserving deemed
varsities be either converted full-fledged universities or scrapped -- and a
GRE like test be evolved for university education. The committee said a
plethora of regulatory bodies like UGC, AICTE, NCTE et al be replaced by a
seven-member Commission for Higher Education and Research (CHER) under an Act
of Parliament. It has also recommended, obviously to buffer the new regulator
against political pressures, that the position of chairperson of the proposed
commission be analogous to that of election commissioners.It also said that the
jurisdiction of other regulators -- Medical Council of India, Bar Council of
India and others -- be confined to administrative matters, with universities
taking up their academic responsibilities. proposed CHER, the report said,
should first identify India's 1,500 top colleges to upgrade them as
universities and then create clusters of potentially good colleges to evolve as
universities. Also, all levels of teacher education should be brought under the
purview of higher education Expressing concern on the mushrooming of
engineering and management colleges, that had "largely become business
entities dispensing very poor quality education", Yashpal committee
lamented the growth of deemed universities and called for a complete ban on
further grant of such status. Existing ones, the committee said, should be
given three years to develop as a university and fulfil the prescribed
accreditation norms.
REPORT
OF THE NATIONAL COMMISSION TO REVIEW THE WORKING OF THE CONSITUTION
The
Commission recommends about to Right to Education that[34]- At
the time when the Commission released its Consultation Paper on the subject,
Constitution (93rd Amendment) Bill was under consideration. But the proposed Amendment covers the Right
to Free and Compulsory Education only between the years 6 and 14 years. The
Commission is of the view that the Right to Free and Compulsory Education
should also be extended to the children upto the age of fourteen years and that
the right to education beyond the age of 14 years may depend upon the economic
capacity and the stage of development of the State. The Commission feels that the constitutional
commitment for free and compulsory education for all children until the age of
fourteen should under no circumstances be diluted and the State should fulfill
this solemn obligation to the nation.
The responsibility for the universalisation of elementary education
should be entrusted to Panchayats and local self government institutions. It is recommended that the relevant
provisions in the Constitution (93rd Amendment) Bill, 2001 making
the right to education of children from six years till the completion of
fourteen years as a Fundamental Right should be amended and enlarged to read as
under:-
“30-C Every child shall have the right to free
education until he completes the age of fourteen years; and in the case of
girls and members of the Scheduled Castes and the Scheduled Tribes, until they
complete the age of eighteen years.”.
It
should also be led down that in article 45 that the State shall make provision
for education beyond the age of fourteen years within the limits of its
economic capacity and stage of development.
INDIAN
EDUCATION SYSTEM AND ITS
COMMERCIAL -IZATION – A STATISTICS
Indian education system comprises
three broad segments schooling, higher education and vocational education. The
government's share[35]
in overall education expenditure in 1983 was 80% has gone down drastically to
67% in 1999 and stands to 54%. At the same time private expenditure on
education has increased by 11 times in last 15 years. In case of engineering
colleges, the private sector which accounts for just 15% in 60s, now accounts
for 87% of seats and in medical college sector which account only 7% in 1960
now accounts 41%. Since 1990 the only higher education market is growing by 7%
per year in 2000-01 the 13,072 higher educational institutions, 42% were
privately owned and run. In market sense Private education is estimated as US
$40 billion and Projected to grow US $115 billion in ten years.[36]
If we take government investment, on the Kothari Commission the government in
1968 fixed a target of investing 6% GDP on education by 1986 but this trarget
was not achieved. Current spending on education in India is not more than 3.5%
of GDP and has risen beyond 4.5% of GDP. Also spending per student has fallen
and the share of education in the five years plan reduced in comparison the US
spending 12% on education, Malaysia 20%, Thailand 27% since the 11th
year plan.[37]
Besides schooling and higher
education, other high growth area includes Coaching classes. Consumption of private
tutoring for competitive exams of all levels is embedded in the Indian culture.
First known coaching class was established in Chowri Bazar Delhi in 1975 and
now in current situation coaching classes has established like 'Purchoon Shops'
mostly the preparation for medical engineering and other competitive exams. It
is estimated at US $10 million market.
The situation reached its extreme
recently in new state of Chhattisgarh were over 150 private universities and
colleges came up with in a couple of years, till the scam got exposed by a PIL[38]
and the Court ordered the state government to derecognised and close most of
them.
Commercialization of
Teacher Education
There are thousands of schools without
primary needs. The position of teachers economic conditions and quality of
teachers also poor. Majority of teacher educational institutions are under the
control of private sector and the main aim of private organisations to got
profit. Take the example in Andhra Pradesh, there are more than 300 B.Ed.
colleges in private unaided sector and only 20 colleges are government and
aided and in Uttar Pradesh nearly 900 recognised B.Ed. colleges and more than
700 of them run and managed by private sector. There is no kind of supervision
of proper teaching attendance and other material fact. They charging up to
rupees on the name of 100% job oriented course.
WTO AND GATS
The General Agreement on Trade in
Services[39]
(GATS), covered in the World Trade Organisation (WTO), is a legally enforceable
agreement aimed at deregulating international markets in services, including
education. This is first and foremost an instrument for the benefit of
business. It is clear from the preamble of GATS that its main aim is "the
early achievement of progressively higher levels of liberalization of trade in
services through successive rounds of multilateral negotiations."
The US, the European Union (EU), Japan
and Canada are the main forces behind the GATS. Though WTO membership consists
of nation states, its agenda is shaped by the transnational corporations (TNCs)
of these countries that sit on all the important "advisory"
committees and determine detailed policy.
The idea behind this is the creation
of an open, global marketplace where services, like education, can be traded to
the highest bidder. GATS covers the educational services of all countries whose
educational systems are not exclusively provided by the public sector, or those
educational systems that have commercial purposes. Since total public
monopolies in education are extremely rare, almost all of the world's
educational systems fall under the GATS umbrella[40].
It is expressed all over the world
that education policies under the GATS regime are decided by the commerce and
trade ministries and not by the education ministry. It is true now in India,
and it appears that the Commerce Ministry is under pressure to make commitments
in the higher education, as part of adjustments, to secure commitments in other
sectors.
RESPONSE OF JUDICIARY
Though the Supreme Court verdict in
the case of Unni Krisnan v. State of Andhra Pradesh[41]
did not cover the Government and Government aided institutions the government
feels inspired enough to go ahead with the system of payment seats. What the
Supreme Court had directed the UGC to do was to frame regulations for
determining fees which can be charged by unaided affiliated colleges.
In Pradeep Jain v. Union of India[42]
the Supreme Court recognizing the right to education observed that anyone,
anywhere in India was entitled to have equal chance for admission to any
educational course for his cultural growth, training facility speciality,
speciality or employment. In Bandhua Mukti Morcha v. Union of India[43]
the Supreme Court was confronted with meaning of "human dignity". The
court laid down basic constituent of human dignity which included the right to
get education facilities as well. Bhagwati, J. Observed:
The right to live with human dignity
enshrined in Article 21 derives its life, breadth from the Directive Principles
of state Policy and particularly……Articles 41…Therefore it must
include……Educational facilities……
In D.S. Nakara v. Union of India[44] a
constitution Bench of the Supreme Court while explaining the significances of
the addition of the expression "socialist" in the preamble of our
Constitution pointed out,
During
the formative years. Socialism aims at providing all opportunities for pursuing
the educational activity……There will be equitable distribution of national
cake……
The present judgment brings a
dimensions in the field of education; the transformation from capitalist to the
Socialist approach in the education.
In cases like Pradeep Jain[45],
Bandhua Mukti Morcha[46],
D.S. Nakara[47]
the court emphasized upon the right to education but in these cases the opinion
of the court was merely an obiter dicta, hence they had no binding effect.
As the Court decided that private
initiative in providing educational facilities particularly for higher
education and become present day a necessity. They should not only be involved
but encouraged to augment the much needed resources in the field of education. They
could not be compelled to charge the same fee as was charged in the
governmental institutions. If they did so, it was perfectly welcome but this
was very rare. Here the concepts of 'self-financing educational institutions'
and 'cost-based educational institutions' comes in. It was clear before the
court that intention of Parliament, the state legislatures and the public
policy was against commercialization of education. Now the question before the
Court was how to encourage private educational institutions without allowing them
to commercialise the education.
The Unni Krishnan judgment recognized
that the cost of education may vary, even within the same faculty, from
institution to institution. The facilities provided, equipment, infrastructure,
standard and quality of education may vary from institution to institution. But
the scheme was evolved by the court in disregard of this observation and
imposed the same free structure for all colleges irrespective of the variation
in operating costs from college to college.
The inefficiency and corruption of
state governments exposed and compounded the weaknesses of the scheme laid down
by the court.
The court deleted the requirement of
Bank guarantee or cash deposit as directed in Unni Krishnan case[48].
This was made effective for both minority as well as "non-minority"
professional colleges.
It is submitted that the fee structure
approved by the Supreme Court for professional courses led to the
commercialization of education in professional courses. The effective judicial
decision can be better appreciated taking any state where unaided private
professional colleges exist.
The Supreme Court on 11th
August 1995, directed the centre to subsidies education in private medical and
dental colleges, rationalized free structure, raised NRI's quota and directed
the Reserve Bank of India (RBI) to evolve a scheme to provide soft loans to
medial students.
The Solicitor General Mr. Dipankar
Gupta submitted before the Court that the Union Government did not have any budgetary
provision for this and further the direction was against the Government policy
of not providing funds to finance private medical education. He further
contended that the direction given by the court was not fair as the Central
Government was not given opportunity to place its view before the court.
The judges (Singh, Kuldip, Agrawal,
S.C. and Reddy, B.P. Jeevan) clarified that the present directions were not a
departure from the scheme in Unni Krishnan case but were more in the nature of
interim orders. Any Major modification in the scheme could only be for the next
academic year and onwards.[49]
In 1993 a Unni Krishan's case the
Supreme Court held that privately unaided colleges were legally bound to
provide heavily subsidized professional education to students qualifying under
Common Entrance Tests (CET). It further laid out an elaborate scheme under
which top ranking students would be admitted at low tution fee.
In TMA Pai Foundation vs. State of
Karnataka[50]
the Supreme Court ruled against the prevalent practice of State Governments.
The common practice is of appropriating more than 60-85 per cent of the seats
in the 327 medical and 1345 engineering colleges across the country which are
privately promoted and unaided. These seats are then allotted to students
topping common Entrance Tests.
However this view was reversed by the
Supreme Court in Islamic Academy vs. Union of India[51]
which directed all State Governments to constitute separate admissions and fees
fixation committees headed by retired high court judges.
However, in PA Inamdar vs. State of
Maharashtra, Supreme Court (2005) the case was upheld and reaffirmed the 11
judge bench judgement in TA Pai Foundation mentioned above. This turned the
political class against the judicial order andunited them in bringing for the
formulation of a draft 'Private Professional Education Institutional
(Regulation of Admission and Fixation of Fees) Bill of 2005 whose purpose has
been to nullify the judgement of Supreme Court in the TA Pai case.
There is a definite clash between the
judiciary which is taking into account the constituional provision with regard
to education and the legislative along with the executive which wants to
appropriate the private non-aided education without putting in any budgetary funds.
The Supreme Court of India vide its
order in Writ Petition (Civil) No. 19/2004: Prof. Yash Pal and Ors. Vs. State
of Chhattisgarh and Ors., dated 11 February, 2005 has declared the provisions
of Sections 5 and 6, of the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana
Aur Viniyaman) Adhiniyam, 2002, to be ultra vires of the Constitution. The
Supreme Court has further directed that in order to protect the interests of
the students who may be actually studying in the institutions established by such
private Universities, the State Government may take appropriate measures to
have such institutions affiliated to the already existing State Universities in
Chhattisgarh, in terms of Section 33 and 34 of the impugned Act, where under
responsibility has to be assumed by the State Government and, that the
affiliation of an institution shall be made only if it fulfils the requisite
norms and standards laid down for such purpose.
The State Government of Chhattisgarh
has been requested to inform this Ministry whether any specific intervention is
required to be taken by the Government of India in the matter. The UGC has also
been requested to examine the judgement and its implications, particularly for
bonafide students enrolled with these 'universities' so that, should the need
arise, the Commission could be requested to take appropriate steps in the
matter.
We sum up by saying that the whole
problem of commercialization of education is complex and complicated. However,
it is also related to demand for job oriented degrees. It should be
discouraged. Course curriculum should be devised in such a way that education
starts with earning. Earning and learning must go together it will lead to
development which can be called as sustainable development.
RECENT LEGISLATIVE
ATTEMPTS
There are some recent legislative
attempts to accelerate the process of commercialization of education.
(1) The Foreign
Educational Institutions (Regulation of Entry and Operation) Bill 2010
·
A "foreign educational
institution" is defined as any institution established outside India,
which has been offering educational services for a minimum of 20 years and
proposed to offer courses which shall be taught through conventional teaching
methods (including classroom teaching). It excludes distance education (offered
independently or through collaboration, partnership or twinning arrangement).
The Bill also lays down norms for foreign institutions conducting certificate
courses.
·
Every foreign institution intending to
operate in India has to be notified as a foreign educational provider by the
central government on the recommendation of the Registrar (Secretary of UGC) in
the prescribed manner. The application has to be endorsed by the High Commission
of that country in India. An existing institution has to apply within six
months of the Act coming into force.
·
The central government, based on the
recommendation of the UGC, may withdraw recognition in case a foreign
educational provider violates any provision of the regulations. The management,
teacher, students or parents may make representation against the proposed
withdrawal.
·
The programme of study offered by the
foreign university has to conform to standards laid down by the statutory
authority (such as UGC, AICTEE, Bar Council of India) and the quality in terms
of curriculum, methods of teaching and faculty is comparable to that offered to
students in the main campus.
·
Every foreign institution has to publish
a prospectus 60 days prior to admission which shall include information about
fees, amount of fees refundable, approved number of seats, conditions of
eligibility, and details of teaching faculty.
Mandatory Conditions
·
The foreign university has to maintain a
corpus fund of a minimum of Rs. 50 crore. Maximum of 75% of any income
generated from the fund shall be utilized for developing the institution in
India and the rest should be reinvested in the fund.
·
Any surplus in revenue generated in
India by the foreign university has to be invested in the development of the
educational institution established by it in India.
Penalties
·
Any person who offers admission to an
unrecognised institution or makes misleading advertisement shall be liable to a
minimum fine of Rs. 10 lakh (up to Rs. 50 lakh) in addition to refunding the
fees collected. Any recognised foreign institution that violates the law shall
be liable to a fine between Rs. 10 and 50 lakh and forfeiture of the corpus
fund.
Provision of Exemption
·
The central government shall establish
an Advisory Board, consisting of three national research professors, Chairman
of the UGC and Chairman of one of the other statutory authorities. The central
government may exempt any institution, on the advice of the Advisory Board,
from conforming to certain provisions of the Bill. However, they would be
subject to the ban on revenue repatriation and penalties for offences.
ANALYSIS
This Bill claims to regulate the
functioning of foreign universities who provide education in India. However, as
per the provisions of the Bill, the FEIs will be free to charge any fee. Will
be free to select any student. With no provision for SC/ST/OBC reservations in
the Bill; will be free to have their own norms regarding pay of teachers and
employees (leading to appointments without necessary qualifications on
exploitative terms as is in existence in most private institutions today). Will
have complete autonomy over course structure and syllabi leading to offering of
courses which the market needs and will not be required to submit reports to
the UGC or to the central government (implying that neither the UGC, nor any
other regulatory authority in India will have control over the functioning of
these foreign universities making it almost impossible to withdraw the
recognition given to a foreign university even if there are serious problems.)
International experience indicates that such legislation can neither attract
truly 'world-class' institutions, but can only allow unreliable educations
shops to sell sub-standard wares (relatively free of regulation) to Indian
students.
(2) The Universities
for Innovation Bill 2010
This Bill proposes to set up 14
"Universities for Innovation" in India, which will enjoy Government
funding but be totally free from any kind of regulation of standards or fees![53]
These Universities, in the name of being 'free to innovate', will be free to
have foreign VCs; 'merit-based' admission process free from any obligations to
reserve seats for SC/STs and OBCs; fix their own free structures; pay
differential fees to faculty; and admit up to 50% foreign students (in contrast
to ordinary universities which have a 15% cap on foreign students). These
Universities, while enjoying Government funding in the shape of grants of land,
fellowships etc. will be free from supervision by regulatory authorities like
the UGC. There are no norms for curriculum, teaching quality, student's
assessment etc. spelled out for the promoters of these universities and no
penalty for making false claims or failing to provide quality education.
(3) The Education
Tribunals Bill 2010
In the name of setting up educational
tribunals at national and state level to resolve disputes among stakeholders in
the education sector and penalise unfair practices, the aim of this Bill seems
to be to restrict the recourse of teachers employees and students to courts.
This would facilitate foreign and private players in the education sector who
would like to be free from the prospect of being taken to court.[54]
(4) The National
Accreditation Regulatory Authority for Higher Educational Institutions Bill
2010
This bill proposes to make
accreditation compulsory. It may be that fund cuts can follow in case an
institution fails to achieve sufficient credits. However, the central
government will have the power to offer exemptions. Private or otherwise
influential players can therefore secure such exemption, which is an open
invitation to graft and corruption.
(5) National Commission
for Higher Education and Research (NCHER) Bill 2010
Under provisions of this Bill, all
existing regulatory like UGC, AICTE, NCTF and the MCI will be replaced by the
establishment of a single-window National Council for Higher Education and
Research (NCHER). The NCHER will draw its resources directly from Ministry of
Finance and thus not be accountable to the MHRD mandated for this purpose. This
body has been designed on the lines of World Bank recommended regulatory bodies
for every service sector in every country. It is designed to bypass the
political process and to facilitate global corporate trade.[55]
Higher education is thus being thrown
open for the private players in the name of ridding it of problems like
corruption and capitation fees and ensuring higher standards. However, the
telecom scam is a reminder that privatisation and greed for profit go
hand-in-hand with corruption. The government agenda for India's higher
education dictated by the WTO. FEIs and corporates will not only further
exclude the poor and underprivileged, it will increase the scale of chaos and
corruption in education manifold.
The ideal of democratizing education
and expanding the frontiers of education has naturally led to a sudden increase
in the number of colleges and universities. The sudden expansion of higher
education led to lowering of the quality of education services provided to the
students, quality of the teaching staff and library facilities. The university
sets standards but there is no proper mechanism or the will on the part of the
authorities to monitor the observance of those standards, with the result that
quality has suffered badly in most of the affiliated colleges. Moreover, there
is no effective management of the student population or teaching and learning
systems in many of those colleges. Added to this is the phenomenon of parallel
and tutorial colleges where regular students go during class time at their own
colleges.
Many educationalists agree that the
large influx of students into colleges today is the result of our present
socio-economic situation. The boys and girls who are there not on their own accord
in the pursuit of knowledge but by the force of circumstances. What a waste in
manpower, money and material to impart costly higher education to create an
army of unemployed and unemployable graduates.
Prof. Amrik Singh[56]
has pointed out that ninety five per cent of what gets done it the field of
higher and professional education is linked with how the states perform and to
what extent they feel involved or committed. The situation varies from state to
state. So much depends upon the personal qualities of the politicians who holds
the particular portfolio of education. He has noted that the management of
education at the state level continues to be what it was, say, in the 19th
century.
(6) The Right to
Education Act
In the year 2009 a law to facilitate
the realization of the fundamental right to education was passed by the
Parliament by way of the Right of Children to Free and Compulsory Education Act
(RTE). The right to education has finally become a fundamental right by giving
effect to the Act on April 1st, 2010. The Act mandates the
Government to provide education to every child up to the eighth standard, free
of cost, irrespective of class and gender.
Therefore to put it briefly the RTE
Act provides for the following:
·
Children, who have either dropped out
from schools or have never been to any educational institution, will be
enrolled in the schools with no school refusing admission to any child.
·
Private institutions have to reserve 25
per cent of seats from children from weaker sections of society.
·
Neighbourhood schools will be identified
by a system of school mapping, and children of six and above who are not in
schools will be identified by local authorities or school management
committees.
·
All such schools are required to be
recognized failing which they shall be penalized for up to Rs. 1 lakh.
·
The Act also prohibits donation or
capitation fees and no admission test or interview of the child or parent for
admission.
·
No child can be held back, expelled and
required to pass the board examination till the completion of elementary
education.
·
It also provides for adequate number of
qualified teachers to maintain a ratio of one teacher for every 30 students.
·
Schools have to ensure proper
infrastructure, which includes a playground, library, adequate number of
classrooms, toilets, barrier free access for physically challenged children and
drinking water facilities within three years.
·
75 per cent members of the school
management committees will comprise parents of the students who will monitor
the functioning of the schools and utilization of grants.
·
The National Council for the Protection
of Child Rights shall monitor the implementation of the act, together with
Commissions to be set up by the states.
·
Financial burdens will be shared between
the Centre and States in the ratio of 55 : 45 and 90 : 10 for the North-Eastern
States.
The
Act however does have the following loopholes:
1. It
is quiet silent on the rights of children with disability. It does not
facilitate the education for children with disability since as per the Persons
with Disability Act, 1995, the government should ensure that every child with a
disability has access to free education in an appropriate environment till he
attains the age of eighteen years and not just up to 14 years as provided under
the RTE Act.
2. It
encourages implementation of its provisions through Public Private Partnership,
which therefore would lead to privatization and commercialization of education.
3. A
number of PILs have been filed by various private unaided and minority schools
against eh Act, contending that the Act violates their fundamental right
guaranteed under Article (1)(g), 29 and 30 of the Indian Constitution. The
matter has been placed before a Constitution Bench of the Supreme Court
comprising of five judges for final decision.
4. The
fundamental right to free and compulsory education has been confined only to
education from the age of 6 to 14 and does not provide for the fundamental
right to education in the formative years through pre-schooling (for children
in the age group of 2-6) and also in the graduation level till the age of 18
years.
The Act providing the free education to
25 per cent poor children in private schools is being publicized a big
achievement (The Tuition fee, for such children, will be paid by government).
But it is cunningly silent on how the poor children will be pay other than the
tuition fee which are charged by private schools. The Act is also silent on the
modalities, guidelines or criteria for selecting poor students under the
provision[57].
EFFECT OF
COMMERCIALIZATION
(1) Positive Aspects
There are a number of positive aspects
of commercialization of higher education:[58]
·
The increasing demand for better quality
higher education in India can be met only by Private Institutions complementing
the Universities established by the State. The proportion of students opting
for higher education in India is increasing at a rapid rate and the only
feasible way out is the privatization of the educational system.
·
The Government with the Constitutional
obligation to provide free and compulsory Primary Education, has increased the
investment in Primary Education, as a result of which, the investment in higher
education has proportionately decreased. In order to meet the growing needs of
the student population for higher education in the country, it is animperative
for the Government to privatize higher education.
·
In case of Private Universities, there
would be minimal or practically no political intervention. This would be
beneficial for the Universities in terms of being independent. The Hob'ble
Supreme Court held that 'in professional institutions, as they are unaided,
there will be full autonomy in their administration, but the principle of merit
cannot be sacrificed, as excellence in education is in national interest'. The
Universities would try and implement new techniques, which would have otherwise
been impossible without the permission of the State.
·
Private Colleges that are affiliated to
the Universities are independent as far administration is concerned. In case of
Colleges established by the State, there may be unethical practices. There are
innumerable cases which involve unethical practices in Government Colleges in
India and many of them in the recent past. Private Colleges affiliated to
Universities would run the risk of being stripped of their affiliation if they are
caught engaging in such unethical practices by the relevant authorities.
(2) Drawback-
The following are some of the drawbacks-
·
If the Private Institutions are given
too much independence, it would invariably lead to monopolization of higher
education. This would lead to a plethora of problems such as high fee
structure, capitation fee, exploitation of professors, etc. A recent case in
which there was a hike in fees in colleges in some parts of India, there was a
major uproar and the Government had to give in to the pressure. The Honourable
Supreme Court in Mohini Jain v. State of Karnataka has held that the Right to
Education is a Fundamental Right under Article 21 of the Constitution, which
cannot be denied to a citizen by charging higher fee known as capitation fee.
·
With the advent of privatization, there has
been an enormous growth in the number of Private professional colleges. This
rapid growth has no doubt contributed to a quantitative increase in the number
of colleges providing higher education but this has been at the cost of
quality, as the Government does not exercise sufficient control over 'unaided
colleges'.
·
Most Private colleges although adhering
to standard admission procedures like conducting entrance tests, interviews,
etc. tend to admit students by charging an exorbitant amount of capitation fee.
Merit invariably takes a backseat and those with the ability to shell out more
money often tend to get admitted, without fulfilling the admission
requirements.
·
The State has been supporting the higher
education sector by means of providing funds, establishing colleges, etc. since
independence. The question that arises is- what is the need to so rapidly
change the policy, when for such a long time the State funding has carried on
without any impediment?
·
With privatization, there is the risk of
commercialization of education. Although a competitive atmosphere would be
created, some colleges would concentrate on profit making rather than on
improving the standard of education.
·
Colleges which are privately owned and
administered would exploit the teachers, professors, etc. by paying them
amounts which are not in consonance with the amount specified by various
regulating agencies of the State which regulate higher education, like the
University Grants Commission, etc. This may lead to a slackening in the efforts
of the aggrieved and may ultimately result in a fall in the standard of
education.
·
Foreign Institutions which have been
allowed to enter into franchise with their counterparts in India have begun
offering degrees, etc. These Foreign Universities may or may not be recognized
in their parent countries due to which there is no control or restriction on
the standard of education provided by these Universities.
·
A large number of students continue to
go abroad for higher education. Only a very small percentage of the student
population opts for higher education in India. This may be due to several
factors which inter alia include the high fee payable, the capitation fee, the
standard of higher education which is not as good as it ought to be, etc.
Student as a customer
or client
A university is no longer a place where
students apply to study Universities are now actively pursuing students,
especially foreign ones using a wide variety of strategies to market their
courses. The student is now the customer or client. With globalization,
Universities are spreading their reach beyond geographical and political
borders. The British, Australian and American Universities are setting up
campuses in Singapore, China and the Gulf. Universities realise that they can
examine many more students than they can teach. Hence many of them are
collaborating with other institutions or franchisees to teach their courses
under their brand name without getting involved in the direct business of
imparting the education.[59]
Student is the power
while faculty is weak in private institutions
Indeed, the faculty lacks the
position, power and autonomy as they traditionally enjoy at universities.
Basically they serve to students and their practical orientations in commercial
private institutions. These institutions rely on part-time faculty and may be
drawn from full-time faculty at public universities (and hence do not add to
further employment opportunities). When employing full-time faculty, they pay
meagre salary. Perhaps many of them have neither practical mot academic
expertise and lack training. The finances of these private enterprises seem to
be free to raise and deploy resources to meet their own norms. Private
universities elsewhere, for instance in USA mobilize the resources of about 30
to 40 per cent of the recurring cost of education from students. Remaining 60
to 70 of the recurring cost are generated from endowments, alumni and other
sources (Ziderman and Albatch, 1985). On the contrary, fee in these private
enterprises in India are exhorbitant as they fully depend upon student
payments. Indeed, these institutions make huge profits. Sometimes recover more
than their recurring costs (full of recurring cost plus part of the capital
cost). Such institutions survive as long as there is a demand for their
services and the students are willing to pay for such job directed training.
The Government of India in its Prime Minister's Council on Trade and Industry,
appointed a committee to suggest required reforms in the education sector,
along with other sectors.
User
pay principle
M.Ambani and K.Brila committee strongly
suggested for full cost recovery (user pays principle) from students even in
public higher education institutions through hike in fees and introduction of
self-financing courses and seats shifting of resources from higher to primary
level of education that government should leave higher education altogether to
the private sector and confine itself to elementary and secondary education.
Further, the report urged the private university bill to be passed and also
suggested that the user pays principle be strictly enforced in higher
education, supplemented by loans and grants to economically and socially
backward sections of Society (Ambani-Birla, 2001). In addition, number of
foreign universities and franchise of multinational educational (business)
centres compete in developing their own centers in India at a full cost
recovery basis.
1. The
need for financing of education for students, especially those coming from low
income households needs special attention. Subsidization for the interest rate
of education loan should be based on family income
2. The
state is primarily responsible for ensuring quality education at all levels and
in all regions. State should finance more for state universities and
technological institutions for improving quality of education and research.
3. Foreign
universities are promoting commercialization. Issue like fee control should be
attended very carefully .
4. A
suitable framework in respect of specific issues may be imposed by legislation
for the benefit of poor and weaker section of society.
5. For
the better conclusion and directives
about education system government should form a committee of judges ,eminent
professors and experts not the industrialist like Birla and Ambani.
CONCLUSION
The development of any nations depends mainly on the
standards of it's educational system education is the most powerful and
effective instrument for inducing radical changes in the behaviour of students.
It is a powerful instrument of nations social economic and cultural
development. The teacher occupies pivotal position in the system of education.
Teaching has been one of the oldest and most respected profession in the world.
India is a developing country and it is humbly submitted that it is better to
establish all professional institution under the govt. sector then only it is
possible to study all type of courses for poor and weaker section of society.
Treating the education system as a market place and opening the route for foreign
institution in this manner will harmful for Indian education system. It is sure
that these institution will not establish their campuses in this country. They
only tied up with private Indian institutions for commercial motive, so expect
an FDI flows into this country is 'misleading mirage'. Even if we assume that
an FDI flow will take place "my own assessment is that it will only be a
conduit for laundering the hundred of crores of rupees earned as a black money
by private educational institutions in this country." Now it is oftenly
sure if the country throws open the field for FDI and if foreign institution
respond, that would only provide an additional excuse to government, further to
give up interest in education- "Oh, we have provided so many foreign
institutions offering education. Why don’t you go their?" This is like
asking people who are crying for rice: "Why don’t you eat cake?" And
unfortunately dispite huge public discontent, media intervention and many court
cases the government have not been able to regulate the fee structure and
donation in these institution even the court have only played with the term
such as payment seats, management quotes etc. without addressing the basic
issue of fee structure. So again in my view it should be stopped till the
effective and transparent solution about the fee structure and other
complexities. The government must take care of public interests specially the
poor and weaker section and act to protect public services like education from
the predatory elements that preach the ideology of the market place as the
solution to every issue.
If necessary action is not taken. Soon
we might see private educational institution getting themselves listed in the
stock market and soliciting investment in the education business. Finally I
would like to quote Justice Krishna Ayyar-[60]
"Whatever
it be, it is an obligation of state and the state and its agencies cannot be
allowed to trade on education. If the private parties wants to share the
responsibilities with state it cannot be on the term of trade, business or
profession……………"
BIBLIOGRAPHY
Books:
(i)
Jain M.P., Indian Constitutional Law,
Nagpur Lexis NexisButerworths, 2010.
(ii)
Katar P. Arvind, commentary on constitution of India, edn 2,v.1 Wadhwa Nagpur,2007
(iii)
J. Paramjit, Directive principles jurisprudence and socio-economic justice in India,
APH public corporation New Delhi 1996
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(i)
SharmaVijendra,”IndianHigher Education: Commodification and Foreign
Direct Investment” The Marxist Vol.
XXIII, NO. 2, April To June http://www.cpim.org/marxist/200702
marxist_v.sharma_edu.pdf
(ii)
Premsai C, “Higher
Education in India: From Socialism to Capitalism”http://www.legalserviceindia.com/articles/he.htm
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H.Suresh
J., “Education- Trade, Profession, Occupation or Business.http://www.doccentre.net/.../Education/.. education
(iv)
Padmanabhan Ananth “
Privatisation of Higher Education
in India: Constitutional
Perspectives and Challenges”
http:// www.aka.lawstudent.in/bc_seervai_essay.htm
(v)
“How was the original Article 45 of the Constitution arrived at? ”http://righttoeducation.in/how-was-original-article-45-constitution-arrived.
(vi)
S. Nair & Elumalai, “Human Rights vis a vis right to education in
Indian context”
http://wikieducator. org/images /7/78/ SJ _ Elumalai.pdf
(vii)
Anand C.L. “Privatisation of Higher education
in India : Rationale and Perspectives”
http://www.asthabharati .org/Dia_July99/contents%204%20v1n1.htm
(viii) India
joins list of 135 countries in making education a
right, The
hindu, April 2, 2010, New Delhi. Retrived
(ix) Experts say huge
investments may flow into the
education sector but the system is not yet ready for it
Hindu.com/education/article
(x) Anita Joshua, “call to ban on
commercialization of
Education in india” The
Hindu, Sunday 7may2006
Retrived from
http://www.thehindu/newsonline/2006
(ii)
Summary of the full text of the Yashpal
Committee Report retrived from http://prayatna.
typepad.com /education /2009
/07/summary-of-full-text-of-the-yashpal-committee-report.htm
(iii)
report card on india's education
sector retrived from www.technopak.com/Images/TPK-perspective-vol1.pdf
Magzine
(i)
Cover Story “Quality education:needs for
modern india” span ed. Sep-oct2010 pg20New Delhi
(ii)
Singh ambrik
“Fifty Years of Higher Education in India” Frontline vol21,issue06,march 2004
NewDelhi. Retrived from http://www.frontlineonnet.com/2004
(iii)
Cover story “ Haressing Growth an overview of
India’s higher education” Digital Learning vol04,issue06, june2008
ACT/BILL
The Foreign educational institutions
(regulation of entry and operation ) Bill,2010
WEBSITES
http:// the hinduonline.com
http:// www.prsindia.org/.../bills-pending-
[1]Alladi Krishna Aiyyar, 'The
Constitution, What It Means To People' 75 (Hyderabad) 2000
[2]The Oxford English dictionary,
Second edition, 1989, 553
[3]Report on National Education Policy,
New Delhi, 1986 retrived from en.wikipedia. org/wiki/National Policy_on _Education
[4]Prep Talk, 'Quality Education Needs
of Modern India'. V.8. Feb. 2010
[5]Thomas Macaulay, Chairman of Board
of Education in British India 1835
[6]United Nations, Universal
Declaration of Human Right 1948, Article 26
[7]Article 15, 19 38, 45, 30, of Indian
Constitution
[8]http://righttoeducation.in/how-was-original-Article-45-arrived
[9](1992) 3 SCC 666
[10]Ibid, Para 17
[11](1992) ISCC 558
[12](2002) 8 SCC 481 Para 51
[13]Entry 62 of List I
[14]Entry 63 of List I
[15]Entry 64 of List I
[16]Entry 65 of List I
[17]Entry 66 of List I
[18]Entry 67 of List I
[19]Entry 12 of List II
[20]Entry 14 of List II
[21]Entry 25 of List II
[22]Section 12 of the UGC Act, 1956
[23]Section 12-A (2) (c)
[24]Section 14
[25]Sections 22 and 23
[26]Section 26 and 25
[27]Section 2 (h) defines
"recognized qualifications included in the Schedules"
[28]Section 2 (9) defines "approved
institutions" to mean "a hospital health centre or every such
institution recognized by a University as an institution in which a person may
undergo training if any required by his course of study before the award of any
medical qualification to him."
[29]Section 19
[30](i) In order to evaluate performance
of an institution and bring about a measure of accountability a mechanism of
accreditation has been developed by UGC. This is an autonomous council under
UGC called National Accreditation and Assessment Council (NAAC) with a purpose
to carry out periodic assessment of universities and colleges. NAAC has evolved
a methodology of assessment which involves self-appraisal by each
university/college and an assessment of the performance by an expert committee.
Similarly, for technical education AICTE has established its own accreditation
mechanism
[31] C.Premsai Higher Education in India: From
Socialism Capitalism http:// www. Legalserviceindia .com
/articles/he.htm
[32] See article of Vijender Sharma - Communist Party of India (Marxist) retrived from
www.cpim.org/marxist/200702_marxist_v.sharma_edu.pdf
[33] Yashpal Committee report on
Renovation and Rejuvenation www.winentrance.com/.../yashpal-committee-report-renovation-
[34] NCRWC report etrived from lawmin.nic.in/ncrwc/finalreport.htm
[35]Present Education Scenario, Prep
talk V10 Feb. 2010
[36]A report card on India's Education
Sector, retrieved from technopak Perspective retrieved www.technopak.com/Images/TPK-perspective-vol1.pdf
[37]Ibid
[38]Writ Petition (Civil) 19/2004
[39]WTO 1995 'General Agreement on Trade
and Services'
[40] Supra note 32
[41]AIR 1993 SC 2178
[42]AIR 1984 SC 1420
[43]AIR 1984 SC 802, 812
[44]AIR 1983 SC 130, 139
[45]Supra note 42
[46]AIR 1984 SC 802
[47]AIR 1983 SC 130
[48]Clauses (5) and (7) of the Scheme
evolved in Unni Krishnan Case AIR 1993 SC 2178, 2248, 2249
[49]The Hindustan Times, New Delhi, 12
August 1995, 10.
[50]Supra Note, 12
[51](2003) SCC 677
[52]The Foreign Educational institution
(Regulation of entry and operation) Bill 2010, Key feature retrived from Pre
legislative research: http://www.prisindia.org
[53]Ibid. The University of Innovation
Bill 2011
[54]The Hindu 12 Feb. 2010
[55](NCHER) Bill 2010 Supra note 46
[56]Amrik Singh, 50 years of Higher
Education in India, Frontline V. 21, Issue March 06-13, 2004
[57]Right to free and Compulsory
Education Act, 2009 Advantages and disadvantages http://main-featureRTE, 2009
[58] Supra note31
[59]University of Phoenix the first
University to offer a full time online degree is owned by the Apollo Group
Sixteen of the world's better ranking universities have got together and set up
a $50 million joint venture called Universities 21 Global, an online MBA
business school. These universities include McGill. British Colombia, Virginia,
Edinburgh, Sweden and Melbourne of Australia. This $50 million project has been
established in collaboration with a private company called Thomson Learning. An
educational and training service division of the Thomson Corporation.
Universitas 21 Global aims to tap markets of potential students from UAE,
Singapore, Malaysia, India, Korea and China. It has already enrolled 1000
professionals from 45 countries for its graduate programme. It has also offered
an M.Sc. in Tourism and Travel Management recently. The online degree of
Universities 21 has been well received in the world market and the degree
certificate awarded by it bears the crest of all the 16 top ranked participating
universities.
[60]"Nationalization to
commercialization" V.R. Krishna Ayyar T. in a scathing article, The Hindu,
dated 17 December 2002 retrived
from http//www .doccentre.net/.../Education/../ education %20 trade
Thanks.. helped a lot in my homework. :)
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