Supreme Court Education Cases (Volume 2)

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Description
Education, so far neglected by governments and policy-makers alike shall be the single most important factor for the development
of India into a 'super power' in the years to come. That Indians need education, at all levels - primary, secondary and tertiary is no longer an issue but a given. Thus, as the sector develops many issues are expected to come up before policy-makers, the government and Courts. Issues relating to Constitutional guarantees to minority educational institutions, both religious and linguistic, and the use of reservation by successive governments, both at the Central and State level as a tool of social upliftment have been litigated before the courts. The Right to Education Act is a very important piece of legislation. Its implementation will pose many challenges to governments and court alike In earlier editions we had included the full text of the important cases and head notes of the other cases.Looking at the importance of this area of litigation it is now thought prudent to come out with a compilation containing the full text of the judgments of the cases that have been decided by the Supreme Court in this area The cases are now arranged in chronological order and placed volume-wise, each volume being of a handy 900 odd pages. The volumes shall be numbered as Permanent Vol. 1, 2 and so on. The last volume in the series shall be a temporary volume which will contain the latest cases and the statutory material. This volume shall be replaced by a permanent volume when enough decided cases add up to the same size A comprehensive index has also been included in the beginning of the volume to assist in finding the relevant case law Like previous editions the exact page makeup of the case as published in Supreme Court Cases (SCC) has been retained. This will facilitate easy citability of this compilation. An internal page numbering has also been provided.
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Contents
A. ON EDUCATION-GENERALLY
B. RIGHTS OF PRIVATE, AIDED, NON-AIDED, MINORITY AND NON-MINORITY INSTITUTIONS
I. Broad Principles in Dealing with Admission and Fee Structure etc
II. Specific Issues
1. Admission
1.1. Generally
1.2. Basis for Allocation Seats
1.3. Counselling
1.4. Increase/Decrease in Seats
1.5. Minimum Marks/Standards/Criteria
1.6. Regulations of Admission
1.7. Reservation/Quota
1.8. Time Schedule for Admission
2. Affiliation/Recognition
3. Common Entrance Test
4. Establishment of New Colleges/Universities
5. Higher Courses of Study in Same College/University
6. Interference by Court in Academic matters
7. Jurisdiction of School Tribunal
8. Operation of Study Centres
9. Taking over Management
III. Setting up of State Educational Councils
IV. Service Matters
C. RIGHTS OF MINORITY INSTITUTIONS
I. General Rights of Minority Institutions to Establish and Administer Educational Institutions
II. Specific Issues Governing Minority Institutions to Establish and Administer Educational Institutions
1. Appointment of Administrator
2. Choice of Medium of Instruction
C. RIGHTS OF MINORITY INSTITUTIONS (contd.)
II. Specific Issues Governing Minority Institutions to Establish and
    Administer Educational Institutions (contd.)
3. Common Entrance Test
4. Refund of Fees
5. Service Matters
D. OTHER ISSUES
I. Upgradation of Schools
II. Appointment of Ad-hoc Committee
III. Identification of Creamy Layer
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Author Details
Sumeet Malik, B.A., LL.B., (Hons) (NLS), LL.M. (IP) (Franklin Pierce), Advocate, Supreme Court, Associate Editor: Supreme Court Cases
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