Authors
Jayati Chandra
Abstract
In the recent times and into the foreseeable future, it is hard to overemphasize the significance of education, and specially higher education, to the economic and communal advancement of the country. The Indian higher education system is dealing with an extraordinary alteration in the coming period. This change is being determined by economic and statistic change. The efforts are being made by India for the improvement in the higher education system since half century but the outcomes is limited or even minimum in terms of universal alteration. The paper shall inspect the character of the courts in being crucial to the controlling countryside of Indian higher education and claims that it an vital performer determining the controlling countryside of higher education, but it confuse so much by their decision. It shall analyze some important cases decided by the Hon’ble Court. It highlights that the Courts have been giving unpredictable and unclear conclusions that shifts its locus from doubting private sector to the recognition of the current truth and there is reason to believe that educational jurisprudence of the Supreme Court has been influenced by globalization. Keywords: Higher Education, education, supreme court of India, globalization.
Introduction
The active role has been played by the court in shaping the private higher education in the nation. From the 19s to present date, various confusing opinion has been made by the Supreme Court and shift its position from doubting private area to the recognition and approval of the current truth. The impact of globalization has been a major issue of debate in the last decade and a half. Manuel Castells, Spanish social scientist and principle expert on globalization stated that the globalization impact on universities is drastic compare to the others like urbanization, industrialization, and secularization united. It is the major task that has been faced by university in more than a century and a half.” There is reason to believe that educational jurisprudence of the Supreme
Court has been influenced by globalization.
In 1992, the judgement made by the Supreme Court, in St. Stephens v. University of Delhi in which stated that the educational institutes are not the house of commerce and should not produce the wealth. Later in 1993, the Supreme Court in case of Unni Krishnan v. State of Andhra Pradesh reentered the right of the nation and involved into the admission strategy and payment structure related to private specialized institutes. The Education comes under the fundamental rights, which cannot be the aims of profit seeking action. The Court ruled that the capitation fee is obviously irrational and unfair and thus the private colleges having high fee structure should be band. The claim was mad by the Supreme Court as all private colleges would be warned that education is not aim of making advantage on a business level and the payment structure should be well-matched with the doctrines of “merit and social fairness equally.”
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| APA Style | Chandra, J. (2019). Higher Education in India: The Legal Conundrum. Academic Journal of Historical Studies, 1(1), 11-16. |
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