State control over fee cap is simply untenable

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: Without doubt, as a society, we must strive to provide opportunities for quality higher education for all. In the ideal scenario, the state ought to provide such opportunities for all and subsidise it for those from the poorer sections. Article 41 of the Constitution says: “The state shall, within the limits of its economic capacity and development, make effective provision for securing the right to education.”

The state has, so far, failed in its efforts to provide opportunities for higher education to all and is fully aware that within the limits of its economic capacity, it cannot do so in the foreseeable future. The private sector has been playing an important rule in supplementing the state’s efforts at increasing the overall supply of higher education. Taking the private sector’s role for granted, the state has conveniently abdicated its responsibility to provide education for all, and has been forcing the private sector to subsidise education for the socially backward sections.

Two main issues brought to the fore by the recent Supreme Court judgement are restrictions on the state’s ability to impose reservations for the socially backward sections and set the fee structure with caps in unaided private institutions. The SC has ruled that the state cannot enforce its reservation policies in minority or non-minority unaided institutions and that such institutions are free to devise their own fee structures, as long as they don’t charge capitation fees and do not indulge in profiteering. The ruling is difficult to fault.

All political parties, without exception, are worried that the removal of reservations in private institutions would be a big blow to social justice, and they have a point. Socially backward sections have been benefiting from access to higher education through reservations, which are not purely merit-based, and they will lose out. There is talk of bringing about legislation to enable reservations in private institutions to continue. This legislation is certain to be passed in one form or another, given the overwhelming support for it across the political spectrum.