Vishnu S Warrier
2nd Year LL.M Student,
National Law Institute University, Bhopal
For over a decade, there has been growing concern that opportunities for higher education to the weaker/minority sections of the society are rapidly getting eroded. The persistence of inequities is manifest in local and regional disparities of access, gender discrimination, non-affordable fee structures, confusing eligibility requirements, bewildering admission procedures, reduced government support, unabashed commercial practices, and lack of socially sensitive government policies on higher education. More opportunities are available to the urban population and those with higher economic status. Since the days of Kerala Education Bill case , there has been much controversy on the constitutional dimension of minority rights to set up institutions of higher education, catering to religious and linguistic minorities. While, St. Xavier’s case, which held the field for a long time. However, the situation underwent a change after Unni Krishnan case . But now, after TMA Pai Foundation case the entire jurisprudence has been changed. It is to be agreed that education, now occupies the center-stage of jurisprudence and for a long time to come, will remain an “occupation” or “business” rather than a welfare activity of national importance. Of course, the new view of private education with profit making incentives is necessity. This is in terms with the World Bank’s Privatisation Policy or Philosophy that State should withdraw from the field of education. The TMA Pai verdict virtually opens the constitutional door wide to the private unaided educational institutions. Private education is one of the most dynamic and fast growing segments of post-secondary education at the turn of the twenty-first century. A combination of unprecedented demand for access to higher educational institution and inability or unwillingness of government to provide the necessary support has brought the private higher educational institutions to the forefront.
Keywords: Kerala Education Bill Case, TMA Pai Foundation Case, Unnikrishnan Case, St. Xavier Case, Educational Institutions