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PROF. M. RAMADASS (PONDICHERRY): Respected Sir, I wish to draw the attention of the hon. Human Resource Development Minister to the anomalous and nebulous but explosive situation created by the judgement of the Supreme Court. The Supreme Court has upheld the unfettered rights of the private institutions to admit students and also to prescribe the fees as they like. I wish to point out to this august House that the private institutions, unaided institutions have no unfettered rights. But they have a social responsibility towards the society. There is no institution in the country which is beyond the purview of the society. They are part of the society. They will have to discharge their responsibility. The concept of ‘unaided’ itself has to be clearly understood by everybody. Can a private institution exist on its own without using the societal resources? Can they establish an institution without the land resources for example?

MR. SPEAKER: Hon. Minister has said that he has not accepted. The Judgement is binding on everybody.

PROF. M. RAMADASS : The Judgement is untenable. We will have to come to the rescue of the poor students who are affected by this Judgement in various institutions. This Judgement shows the anomalous situation that was created because the successive Governments – both Central and State Governments – have failed to accept the leadership in higher education. From 1991, we have allowed the private institutions to grow in a mushroom way. We could not provide the necessary funds for the development of higher education. All the Commissions -- Dr. Radhakrishnan Commission, Kothari Commission, Acharya Commission and the New Policy on Education propounded by late Rajiv Gandhi -- have said that the Government should spend at least six per cent of the Gross Domestic Product on education.  But we have not taken that advice. We have withdrawn from our responsibility to provide higher education and we have allowed all kinds of institutions to come into the sphere. The Supreme Court Judgement says that the private, either aided or unaided, institutions are providing meritorious education in this country. Look at the various realities that are coming from the private sector. They do not have proper faculty. They charge very high fees. They are not accountable to the fees that they collect. There is no qualitative education. There is no standardised education. How can they provide meritorious education and then say that the State Governments have no right over the institutions to provide for reservation? We are not finding fault with any Government. But it is our responsibility to discharge our duty in the field of higher education.

Therefore, we urge that a suitable legislation be brought forward.

MR. SPEAKER: He has  already said it.

PROF. M. RAMADASS : Sir, I wish to mention as to ‘how the legislation should be.’  The legislation should not only take into account the Constitutional provision, but should declare that the reservation quota will be decided by the respective State Governments based on the local realities and the availability of the institutions.

 MR. SPEAKER:  Thank you very much.