Minority educational institutes cannot claim complete immunity under Article 30: SC

Article 30 of the constitution is a provision that grants the right of minority communities to establish and administer educational institutions of their choice. While hearing a case of Madhya Pradesh, the top court of India said that minority educational institutions cannot claim complete exemption from Admission & Fee Regulatory Committee under Article 30.

While hearing the issue of whether a minority educational institution in the State of Madhya Pradesh is required to get the fees charged by it fixed by the Admission and Fee Regulatory Committee under the provisions of the Madhya Pradesh Niji Vyavsayik Shikshan Sanstha, Supreme Court of India has held that a minority educational institution cannot claim complete immunity from the exercise undertaken by the Admission and Fee Regulatory Committee by claiming protection under Article 30(1) of the Constitution of India. 

The bench comprising Justices Dinesh Maheshwari and PV Sanjay Kumar referred to the TMA Pai and PM Inamdar cases and noted that it was held that while an institution was free to devise its own fee structure, the state can regulate the same to ensure there is no profiteering or charging of capitation fee.

The court said, "setting up a reasonable fee structure is also a component of the right to establish and administer an institution, within the meaning of Article 30(1) of the Constitution, and every institution is free to devise its own fee structure subject to the limitation that there can be no profiteering and no capitation fee can be charged directly or indirectly or in any form. It was further held that it is permissible to regulate admission and fee structure for achieving that purpose", as reported by Live Law.

Read more:

• NLSIU's Round Table Conference on March 29
• NLUD hosts 8th IBA ICC Moot Court Competition National Rounds