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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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