EDUCATIONAL INSTITUTIONS: SCOPE OF THE RIGHT TO ESTABLISH SUCH INSTITUTIONS

Prof (Dr) Mukund Sarda

Abstract


The nature and scope of the right to establish educational institutions have been studied in this research work.
In the recent periods, the demand for educational institutions of varied types has increased mani-folds. Instances such as
poor quality standards with less infra-structure and ill-qualified teachers have been noticed to cope with the demand with the sole motive of
making money with little or less emphasis on educational needs and requirements.
In the light of leading decisions of the apex court, the right being considered as a ‘fundamental right’ has been ruled out and consequently the
remedy under Art 32 is not available. The impression that High Courts will not do justice needs to be eliminated and confidence has to be restored
that it will do justice in the enforcement of rights. Various issues have been clarified. Appropriate amendments to existing laws have been
suggested.


Keywords


Regular Competent faculty Infra-structure facilities Trade or business Profit motive Constitutionality of the Statutes

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References


Principal & Dean, Bharati Vidya Peeth, New Law College, Pune.

DM Wayanand Institute of Medical Sciences Vs. Union of India and P.Krishna Das and

another Vs. Union of India, AIR 2015 SC P.2940.

AIR 2012 SC P.2413.

See Note 1.

See for details Art 19(1)(g) and Art 19 (i)(6) of the Constitution of India.

Unni Krishnan’s case AIR 1993 SC P.2178.

See Note 1 Para 15 dealing with the case Note5.

See for details Sec 22 and 23 of the University Grants Commission Act.

See for details Art 32 of the Constitution.

See for details Art 226 of the Constitution.

AIR 1991 SC P.764

AIR 1987 SC P.1159.

AIR 1990 SC P.851.

Dy. Chief Controller of Imports & Exports case AIR 1975 SC P.1208.

AIR 1957 SC P.733.

Note 1 Para 27.


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