Title: Need to enact a Central legislation for enabling regulation of admissions to unaided private professional institutes.
SHRI P. RAJENDRAN (QUILON): Madam Chairman, the Government should enact a Central legislation to address the grave situation arising out of the Supreme Court’s judgment in the ‘T.M.A. Pai Foundation and Others Vs. The State of Karnataka and Others’ case. This judgment has granted the managements of private unaided educational institutions complete freedom in matters of admissions, fee structure and recruitment. T.M.A. Pai case and its interpretation by another bench of apex court has provided enormous scope of profiteering to private self financing colleges in the absence of a regulatory mechanism. The managements of these colleges have resorted to massive fee hikes, which has resulted in many meritorious students being denied an opportunity to study because of their inability to pay. In the light of the above, a Central legislation should be enacted which would provide adequate powers to the State Governments to control these institutions. The legislation should provide that: All admissions to private unaided professional institutes should be through a common entrance test conducted by the Central and State Governments; the Government should have powers to prescribe the maximum fees chargeable by these institutions; and the Constitutional provision of 22.5 per cent reservation for SC/ST students as well as other provisions for representation of students from deprived sections should be upheld.