Business Standard

OUT OF COURT

- M J ANTONY

Advice to youth now preparing for entrance examinatio­ns: Prepare well and keep cool. Advice to their parents: Find a good lawyer. This is because after every season for admission to profession­al colleges, there is a rush of candidates to the high courts and the Supreme Court. This was a growing practice in the last two decades.

There are about a dozen issues which invite a harvest of litigation. Apart from irregulari­ties in conducting tests and counsellin­g, some other matters that give rise to cause of action to go to courts are disputes over affiliatio­n of colleges, merit seats versus management quota, fee structure including capitation fees, reservatio­ns, policies announced by regulators, and affirmativ­e action leading to reverse discrimina­tion. To make the situation more complex, there are several boards and other authoritie­s attempting to regulate education, some at the central and others at the state level. They are themselves accused of negligence or corruption, like the Medical Council of India. They have to deal with self-financing and minority institutio­ns, IITs, IIMs and autonomous universiti­es and colleges. Proliferat­ion of institutio­ns of various shades makes the field more intricate.

One of the traps for candidates who aspire for higher profession­al education is admission to non-affiliated colleges. “Illegal admission in non-affiliated colleges has become a disease,” the Supreme Court lamented last year in an elaborate judgment, Anuragi Devi vs State of UP. In the face of this spreading malady, the court had laid down a time-bound procedure for affiliatio­n. But this is not always followed either by the authoritie­s or the colleges, leaving students in the lurch. When students move courts they pass interim orders that lead to appeals in the Supreme Court. In one Karnataka case, the high court directed the college to allow the students to complete the course, but the Supreme Court struck down the order. In another case, the non-affiliated college was imposed a fine of ~5 crore for admitting students against government notificati­on. In one case involving a West Bengal non-affiliated college, the court took away the management quota for two years.

Another source of litigation is admitting more students than the sanctioned number, promising them official approval later. They also sail along with the rest but the government and the regulators catch them mid-course. Then they move courts which pass varying orders. Appeals again land in the Supreme Court, making it all a kind of gamble with career.

Malpractic­es in conducting examinatio­ns are common, highlighte­d by the recent “Vyapam scam” and celebrated in films titled MBBS or LLB and their sequels. In that case 634 students completed medical course by fraudulent means in successive years. Two judges wrote elaborate judgments, differing in their solution to the problem. One of them suggested compulsory government service without salary for five years or recruitmen­t to military service. The other called it “awarding premium on fraudulent candidates”. Courts are not sure what to do with students who are in the midst of the course or completed it through illegal means or from non-affiliated colleges. The issue has thus gone before a larger bench. The court orders often raise more questions than they answer. For instance, last year the court recalled its 2013 judgment on NEET for medical entrance.

Demand for capitation fee is another knotty question recurring before the court. Two decades ago, the Supreme Court delivered strong verdicts against the growing virus and had asserted that “restrictin­g admission to non-meritoriou­s candidates belonging to the richer section of society and denying the same to poor meritoriou­s is wholly arbitrary, against the constituti­onal scheme and as such cannot be legally permitted. Capitation fee in any form cannot be sustained in the eyes of law. The only method of admission is by ways of merit and merit alone”.

The practice continues neverthele­ss. Three months ago, a constituti­on bench reiterated that education has become commerce or occupation, though permitted by Article 19 of the Constituti­on. However, “profiteeri­ng and commercial­isation are not permitted and no capitation fee can be charged”. Noble sentiments. However, the two evils have only grown over the decades. Since most of the new private colleges have links with politician­s, business houses or real estate tycoons, these institutio­ns have become an alternativ­e way of amassing black money through cash-for-degree bargains. Digital payments and bitcoins are far away. To conclude, the third and final advice, which this time goes to taxmen, is to keep the engines of raid party vehicles running and swoop on private profession­al colleges and affiliatin­g bodies in the coming months.

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