V
V.Balasubramani
Guest
Capitation fee is illegal, rules Supreme Court
NEW DELHI: Holding demand of capitation fee by educational institutions illegal, the Supreme Court on Monday ruled that commercialization and exploitation is not permissible in the education sector and institutions must run on 'no-profit-no-loss' basis.
A five-judge Constitution bench of Justices A R Dave, A K Sikri, R K Agrawal, A K Goel and R Banumathi said the objective of setting up educational institutions must not be to make profit and the government must step in to regulate the sector to promote merit, curb malpractices and secure merit-based admission in a transparent manner.
"Though education is now treated as an 'occupation' and, thus, has become a fundamental right guaranteed under Article 19(1) (g) of the Constitution, at the same time shackles are put in so far as this particular occupation is concerned, which is termed as noble. Therefore, profiteering and commercialization are not permitted and no capitation fee can be charged. The admission of students has to be on merit and not at the whims and fancies of the educational institutions," the bench said.
"It is to be ensured that this admission process meets the triple test of transparency, fairness and non-exploitativeness," it said.
Read more at: http://timesofindia.indiatimes.com/...-rules-Supreme-Court/articleshow/52083382.cms
NEW DELHI: Holding demand of capitation fee by educational institutions illegal, the Supreme Court on Monday ruled that commercialization and exploitation is not permissible in the education sector and institutions must run on 'no-profit-no-loss' basis.
A five-judge Constitution bench of Justices A R Dave, A K Sikri, R K Agrawal, A K Goel and R Banumathi said the objective of setting up educational institutions must not be to make profit and the government must step in to regulate the sector to promote merit, curb malpractices and secure merit-based admission in a transparent manner.
"Though education is now treated as an 'occupation' and, thus, has become a fundamental right guaranteed under Article 19(1) (g) of the Constitution, at the same time shackles are put in so far as this particular occupation is concerned, which is termed as noble. Therefore, profiteering and commercialization are not permitted and no capitation fee can be charged. The admission of students has to be on merit and not at the whims and fancies of the educational institutions," the bench said.
"It is to be ensured that this admission process meets the triple test of transparency, fairness and non-exploitativeness," it said.
Read more at: http://timesofindia.indiatimes.com/...-rules-Supreme-Court/articleshow/52083382.cms
