The Honorable Ministers of the States for Education
Attending the Education Ministers' Conference
Respected Sirs,
On the occasion of the education ministers' conference being held in Bangalore on 10th and 11th Jan 2005, on behalf of ABVP we wish to place the following points regarding the proposed central legislation for your consideration and request for favorable decision in the matter.
The Supreme court judgment in the TMA Pai foundation vs. State of Karnataka and other related cases has created a new situation in the field of professional and technical education calling for a Central Legislation in the matter to meet the needs of social justice and equity.
In the above judgments the Hon'ble Apex court has held that
The private managements have a right to establish and run educational institutions
The institutions, which do not receive any grants in aid from the Government, have a right to determine the Fee Structure and Admission Procedure.
Since education is a charitable activity there should be no profiteering. The institutions have the right to collect fees equal to the unit cost along with reasonable surplus for development.
Admission Policy must be fair and transparent with due importance given to merit
Admission should be based on the CET conducted either by the Government or private managements
The distinction between the merit seats and the payment seats as per the earlier Unnikrishnan judgment has been set aside and each college will have a common fee structure
The two separate committees presided over by retiredjudges of the high courts should be constituted for the propose of monitoring admission procedure and fee structure.
The above two committees will function under Court Direction till a new central legislation takes the place
Following the judgments students seeking admission to professional and technical education are facing serious problems in several states
The ruling in respect of admission policy has created a lot of confusion because of the multiplicity of entrance tests. The matter is further complicated leading to a chaotic situation as a number of parties have moved the high court through public interest legislation
Fee has been raised exorbitantly making admission to these courses beyond the reach of the students from economically poor and weaker sections. It has virtually shut the doors of professional and technical education to a large number of meritorious students. The situation will ultimately result in widening the gap of social disparity.
Experience shows that the opinion expressed by the honorable Supreme Court that "Education is a charitable activity" and that 'there should be no profiteering' are only pious wishes rarely to be found manifesting in actual practice unless effective legislative measures are taken to enforce the same. We are witnessing the institutions charging not only exorbitant fees far above the actual cost but also fleecing the students and parents in several ways.
Under the circumstances a comprehensive Central Legislation to deal with the situation has become a dire necessity and is the only solution to the problems.
ABVP is of the considered opinion that the central legislation should reflect a comprehensive policy perspective with regard to professional and technical education apart from addressing the immediate problems confronting the students in the wake of the supreme court judgment. From this point of view and in order to meet the interests of equity and social justice we urge that the Central Legislation should encompass the following provisions.
a. Effective measures to check commercialization.
b. Determining fee structure on scientific basis taking into account the actual unit cost.
c. Providing admission to 50% of the seats to poor and meritorious student's at same rate of fees as in the government colleges.
d. Introducing a scheme of scholarships, loanscholarships and freeships for the benefit of students from weaker sections.
e. Providing for a central admission policy based on a single Common Entrance Test conducted either by the state or by an independent agency.
f. Ensuring that private institutions strictly adhere to the guidelines and standards prescribed by the apex authorities like AICTE, UGC and NEI.
We request you with utmost sincerity on behalf of the entire student community of the nation to appreciate the seriousness of the problem and resolve to enact a Central Legislation to protect the interests or a large majority of students and also in the interests of harnessing the talents of the students for the brighter future of the nation.
With sincere regards
We remain
Yours sincerely,
(K.N RAGHUNANDAN)
General Secretary
|