A Constitution Bench of the Supreme Court ruled that the State is authorised in law to
regulate admission, fix fee and lay other regulations to promote merit and curb
commercialisation in institutions of higher education. It added that the State can lay down
regulatory measures for private aided or unaided, minority or minority insitutions.
The bench was hearing appeals made by private medical colleges of Madhya Pradesh,
which had challenged the state law on regulating admission and fee in the colleges.
According to the bench, education should serve the larger public interest of ensuring that the
nation develops and progresses on the strength of its highly educated citizenry and hence,
the fundamental rights of both minority and non-minority institutions has to be balanced by
ensuring that high standard of education is available to all meritorious candidates. The only
way to achieve this goal according to it is to ensure that there is no commercialisation or
profiteering by educational institutions.
It also noted that the government would be empowered to regulate admission by prescribing
CET or NEET and also forbid capital fee and profiteering.