Page 58 - EW November 2025.pdf Final

Cover Story

Supreme Court liberates professional education

n a historic majority judgement in TMA Pai & Ors
vs State of Karnataka & Ors delivered in October
2022, a full 11-judge bench of the Supreme Court
Iaffirmed the right of private unaided (financially
independent) professional education colleges to regulate
admissions, determine fee structure and administer their
institutions with minimal interference from government.
Simultaneously, the apex court not only upheld the right
of minorities to “establish and administer educational
institutions of their choice” but also expanded this right
to all citizens.
However, a year later, in August 2003, in Islamic Acad-
emy vs Union of India, a five-judge bench of the Supreme
Court “clarified” the TMA Pai judgement and whittled
down the right conferred upon unaided college manage-
ments to determine admissions and fix tuition fees. The
apex court decreed establishment of state-level commit-
tees chaired by retired high court judges to determine if
admissions are made on merit, and if tuition fees levied
are reasonable.
Subsequently, in August 2005, delivering its verdict in
P.A. Inamdar vs. State of Maharashtra, the apex court
“clarified” its judgement in the Islamic Academy Case
(2003). The court reiterated that Central and state gov-
ernments have no right to appropriate admission quotas
at arbitrary tuition fees in private professional colleges
they haven’t funded or financed.
EducationWorld tracked these developments through
long-form narratives. See www.educationworld.in
Archives (February 2003, September 2003 and October
2005).

58 EDUCATIONWORLD NOVEMBER 2025