Does the right to education cover education at the tertiary level? Do people have the right to establish educational institutions?
Court ruling
1.The citizens of this country have a fundamental right to education. The said right flows from Article 21. This right is, however, not an absolute right. Its content and parameters have to be determined in the light of Articles 45 and 41. In other words, every child/citizen of this country has a right to free education until he completes the age of 14 years. Thereafter his right to education is subject to
the limits of economic capacity and development of the State. [693B-C] 21.The obligations created by Articles 41, 45 and 46 of the Constitution can be discharged by the State either by establishing institutions of, Its own or by aiding, recognising and/or granting affiliation to private educational institutions. Where and not granted to private educational institutions and merely recognition or affiliation is granted It may a" be insisted that the private education institution shall charge only that fee as is charged for similar courses in governmental Institutions. The private educational institutions have to and are entitled to charge a higher fee not exceeding the ceiling fixed in that behalf. The admission of students and the charging of fee in these private educationalinstitutions shall be governed by the evolved by this Court [693D-E] 3.A citizen of this country may have a right to establish an educational institution but no citizen, person or institution has a right much less a fundamental right to or recognition, or to grant-in-aid from the State. The
recognition and affiliation shall be given by the State subject only to the conditions set out in, and In accordance with, the scheme laid down by this Court. No Government/University or authority shall be competent to grant recognition or affiliation with the said scheme. The said scheme shall constitute recognition or affiliation, as the case may be, in addition except In accordance a condition of such to such other conditions and terms which such Government, University or other authority may choose to impose.
