2002 (10) TMI 739 - SC - Indian Laws

Cost incurred on educating a student in an unaided professional college was more than the total fee which is realized on the basis of the formula fixed in the scheme.

Issues Involved:
1. Fundamental right to set up educational institutions and its constitutional basis.
2. Reconsideration of the judgment in Unnikrishnan's case.
3. Extent of government regulations on private unaided institutions.
4. Determining the unit for identifying religious or linguistic minorities under Article 30.
5. Regulation of rights to administer aided minority institutions.

Detailed Analysis:

1. Fundamental Right to Set Up Educational Institutions:
The judgment confirms that there is a fundamental right to set up educational institutions under Article 19(1)(g) and Article 30(1) of the Constitution. Article 30(1) specifically provides religious and linguistic minorities the right to establish and administer educational institutions of their choice. The right to establish and administer educational institutions is not absolute and is subject to reasonable regulations to ensure educational standards and prevent maladministration.

2. Reconsideration of Unnikrishnan's Case:
The judgment in Unnikrishnan's case, which imposed a scheme for admissions and fee structures in private unaided professional colleges, was found to be unreasonable and in need of reconsideration. The court observed that the scheme led to revenue shortfalls and cross-subsidization where poorer students paid more to subsidize affluent students. The judgment emphasizes that regulations must be minimal, and institutions should ensure that students from poorer sections get admission, possibly through scholarships or free seats.

3. Government Regulations on Private Unaided Institutions:
The court held that while private unaided institutions have autonomy, they are subject to minimal regulations to ensure transparency, merit-based admissions, and prevention of capitation fees and profiteering. The regulations must be reasonable and aimed at maintaining educational standards. The court clarified that the fee structure must enable institutions to break even and generate surplus for development.

4. Determining the Unit for Identifying Minorities:
The court concluded that the unit for determining the existence of a religious or linguistic minority in relation to Article 30 is the state and not the country as a whole. This means that minorities are to be identified based on their status within individual states.

5. Regulation of Rights to Administer Aided Minority Institutions:
The court emphasized that aided minority institutions cannot have unfettered freedom in administration. The state can impose conditions necessary for maintaining high educational standards and protecting the interests of teaching and non-teaching staff. These conditions include qualifications for teachers, service conditions, and ensuring non-discriminatory admissions as per Article 29(2), which mandates that no citizen shall be denied admission to any educational institution maintained or aided by the state on grounds of religion, race, caste, language, or any of them.

Separate Judgments:
Justice Khare agreed with the Chief Justice on categories 1 and 4 and provided separate reasoning for categories 4 and 5. The court reiterated that the rights under Article 30(1) are subject to Article 29(2) and that minority institutions receiving state aid cannot refuse admission based on religion, race, caste, language, or any of them. The court also noted that the principle of equality and secularism must prevail, and minority institutions must comply with these constitutional mandates when receiving state aid.

Conclusion:
The court's judgment provides a comprehensive analysis of the rights and regulations concerning minority educational institutions, emphasizing the balance between autonomy and regulatory oversight to ensure educational standards and non-discriminatory practices. The judgment reaffirms the applicability of Article 29(2) to Article 30(1) and the necessity for reasonable regulations to maintain the integrity and quality of education in minority institutions.

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