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Bombay High Court Highlights Affordability Concerns in Education

 

The Bombay High Court, while rejecting petitions challenging the Maharashtra government's decision to grant permission to two new educational institutions in Pune, made significant observations about access to education in India.

Key Points:

  • The court acknowledged the high value placed on education in Indian culture, but noted its increasing unaffordability.
  • It emphasized the state's constitutional responsibility to ensure quality education reaches everyone.
  • While upholding the government's authority to select educational institutions, the court recognized the challenges of rising competition.

Court's Observations:

  • The court acknowledged Pune's reputation as an educational hub and the increasing competition in establishing educational institutions.
  • It pointed out the shift in the perception of education, from being considered "pious" to becoming unaffordable for many.
  • The court highlighted the state's responsibility to bridge this gap and ensure inclusive access to quality education.

Petitions Dismissed:

  • The court dismissed petitions filed by two organizations challenging the government's decision to deny them permission to set up institutions.
  • The petitioners argued that denying them permission while granting permission to others violated their right to equality (Article 14 of the Constitution).
  • However, the court clarified that it can intervene only if the decision-making process is demonstrably unfair or arbitrary.

Court's Reasoning:

  • The court upheld the government's right to select institutions based on various parameters, including experience, financial stability, and infrastructure.
  • It further emphasized that experience in running educational institutions is a crucial factor in assessing the capability to establish new ones.

Overall, the Bombay High Court's observations highlight a critical issue in India: the increasing gap between the cultural value placed on education and its affordability for many citizens. The court emphasizes the state's responsibility to address this issue and ensure equitable access to quality education.

It is important to note that this is a single court judgment and does not set a binding precedent for future cases. However, it raises significant concerns about the accessibility of education in India and the role of the state in addressing this challenge.

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