LexMODERN DENTAL COLLEGE AND RESEARCH CENTRE & ORS. versus STATE OF MADHYA PRADESH & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2016] 3 S.C.R. 579
MODERN DENTAL COLLEGE AND RESEARCH CENTRE & ORS.
A
v.
STATE OF MADHYA PRADESH & ORS.
(Civil Appeal No. 4060,of2009)
MAY02,2016
[ANIL R. DAVE, A.K. SIKRI, R.K. AGRAWAL, ADARSH
KUMAR GOEL AND R. BANUMATHI, JJ.]
Madhya Pradesh Niji Vyavasayik Shikshan Sanstha (Pravesh
Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 - ss.
3(d), 4, 5, 6, 7, 8, 9, 12, 13 - Madhya Pradesh Private Medical and
Dental Post Graduate Courses Entrance Examination Rules, 2009
- r. 9 - Constitution of India -Art. J9{J)(g) and 19(6):
Validitylvires of the provisions of the Act and the Rules -
Challenged to, by appellants-private unaided 111edical and dental
colleges - Challenge made to the provisions relating to admission
of students in post graduate courses, .fixation of fee, reservation of
seats, provisions relating to eligibility for admission on the ground
of being violative of Art. l 9(l){g) as also on the ground of
competence of the State legislature since the subject matter was
exclusively reserved for Parliament - Held: Right claimed by the
appellants is a .fundamental right guaranteed u/Art. 19(l}(g) - Act
imposes reasonable restrictions on the right given to the appellants,
thus. protected u/Art. 19(6) - Provisions in the Act and the Rules
relating to fixation ojfee 110t violative of Ari. 19( l){g) - Reservations
of seats for SC/ST and OBC in private educational insti1U1io11s in
consonance with Art. 15(5) - Holding of co111111011 en/ranee test for
admission under the control of State does not impinge the autonomy
of such institutions - Further, impugned legislation is not beyond
the legislative competence of the State - Thus, the Act and the Rules
are constitutionally valid - High Court rightly upheld the validity_
of the provisions of the Act and the Rules.
Provisions in the Act and Rules relat)ng to fixation of.fee -
Challenge to - Held: Parameters laid down in s. 9 have to be kept
in mind while fixing the fee - Fee to be charged hus to be suggested
579
B
c
D
E
F
G
H
580
A
B
c
D
E
F
SUPREME COURT REPORTS
[2016) 3 S.C.R.
by the said educational inslitution itself - Committee is to satisfY
itself that the fee charge"'d did not a111ount to profiteering or
com111ercialisation of education and was based on intelligible factors
mentioned in s. 9(1) - It is only a regulatO!y measure and does not
take away the poll'ers of the educational institution to fix their own
fee - Thus, the provision relating to .fixation of fee by selling up a
Co111111it1ee to oversee that institutions are not charging a fee which
amounts to capitation or profiteering are reasonable restrictions
and do no/ suffer from any constitutional vice.
Power of State io conduct Common entrance test (CET) -
Challenge to - Held: CET is in larger interest and we(fare of the
students to promote merit, add excellence and curb malpractices -
Holding of CET zmder the control of the State does not impinge this
autonomy - Admission is still in the hands of these institutions -
Sole pwpose of holding CET is to ensure that ad111issions done by
the educational institutions are strictly on merit.
Regulatory mechanism - Regulations under Adhiniya111 of 2007
- Need for - Held: Provisions of Adhiniya111 of 2007 are aimed at
seeking laudable objectives in larger public interest - Object of
setting zip institutions for the State is a welfare function for the
purpose of excelling in educational standards - Profit motive
adopted by the private institutions leads to a large degree of secrecy
and corruption - As such, 111echa11ism of regulations under the
impugned laws is legal, constitutional, fair, /ramparel1l and upholds
the primary criteria of merit - Regulations do not i11ji·i11ge on the
fundamental rights of either the minorities or non-minorities to
establish and administer educational institutions and must as such
be upheld as ralid.
Constitution of India;,_
Art. 19(lj(g) and 19(6) - Right of private unaided professional
institutions to establish and manage educational institutions - Held:
G
Right of professional institutions to establish and manage
educational institutions is regarded as a11 'occupation' befitting the
recognition of this right as a fundamental right u/ Art. 19(1 ){g) -
Four specific rights which encompass right to occupation are, right
to admit students; right to set up a reasonable fee structure; right to
appoint staff (teaching and non-teaching); and right to take aExcerpt shown. Read the full judgment & AI analysis in Lexace.