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8 Indian J.L. & Just. 173 (2017)
Commercialisation of Higher Education in India: The Thriving Issues and Its Judicial Reparation

handle is hein.journals/ijlj8 and id is 397 raw text is: COMMERCIALISATION OF HIGHER EDUCATION IN INDIA: THE THRIVING ISSUES AND ITS JUDICIAL REPARATION Mrs. Priya Roy1 I. Introduction Indian Higher Education comes directly under the purview of the Ministry of Human Resource Development, Government of India. Educational institutions must operate as non-profit institutes set up under a Trust/Society and not merely for 'profiteering'. The Indian Constitution has through Article-21A specifically mandated that it shall be the duty of the Government to impart free and compulsory education among students of six to fourteen years of age and the State must also 'within the limits of its economic capacity and development' make effective provision for securing the right to education, as per Article-41. Article-19(1)(g) provides the right to all citizens to practice any profession, or to carry on any occupation, trade or business in which right to establish an educational institution subjected to reasonable restriction under Article-19(6). Similar educational rights have been expressly laid under Articles-29 and 30 for the minorities with an added advantage to admit students of their 'own choice'. The unavailability of enough governmental funds for higher education added upon by the vision to increase enrollment ratio to 30% by 2020-21 has caused India from the past few decades to experience the mushrooming of private educational institutions, which could either be aided or unaided. The education sector has lately caught the attention of mains Multi-national Companies and the Corporately, experiencing large amount of investments, as the education sector is rescission protected and yields high incentive with comparatively less investment. II. Commercialisation of Higher Education in India In pursuance of the various constitutional provisions and precedents there has been a spurt of establishment of educational institutions on commercial basis in the country. The most important issue arising out of the private higher educational institutes is that whether in such institutes there could be any governmental regulations and if so then to what extent? Problem further elevates since the rules for one sect could not be levied upon another sect and such private institutes are further divided into 'Private unaided non-minority educational institute', 'Private unaided professional colleges', 'Private aided non-minority professional institutions', 'Other aided institutes'. Generally, 'commercialisation' of education refers to the Research Scholar, Department of Law, University of North Bengal

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