Supreme court on higher education: An exploration

After economic liberalization, the control economy is replaced with free market economy. The education system, particularly higher education system in India is also freed from the clutches of the government. The private players are also allowed to start educational institutions. It is the constitutional obligation of the state to provide free and compulsory education to the children below the age of fourteen. But education beyond that is not the constitutional responsibility, This question was canvassed in Unnikrishnan”s case(1993). In this case, it is laid down that the right to take education can only be understood within the economic capacity of the state. But rampant donations, capitation fee, arbitrary fixation of fees, admission procedure, rights of the management, Rights of the apex body recognizing degrees, role of the government, and other related issues crop up due to these privatizations of education. The education becomes the lucrative business. After Unni krishanan, the court are flooded with case after case, like Ismail Academy (2003), Mohini Jain (1992), Sant Stephens ((1992), T.M. A. Pai, (2002) P. V. Inamdar. (2005) etc. in all these judgements the apex court has elaborately discussed and decided on the above issues. All these issues are discussed in this article.