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Volume 1 Issue-3 INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 – 6433) VOLUME I ISSUE III (SEPTEMBER 2020) Email – [email protected] Website – www.ijlra.com 56565656565651 www.ijlra.com Volume IIssue III|September 2020 ISSN: 2582-6433 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJLRA. Though every effort has been made to ensure that the information in Volume I Issue III is accurate and appropriately cited/referenced, neither the Editorial Board nor IJLRA shall be held liable or responsible in any manner whatsever for any consequences for any action taken by anyone on the basis of information in the Journal. Copyright © International Journal for Legal Research & Analysis 1 www.ijlra.com Volume IIssue III|September 2020 ISSN: 2582-6433 EDITORIAL TEAM EDITORS Ms. Ezhiloviya S.P. Nalsar Passout Ms. Priya Singh West Bengal National University of Juridical Science Mr. Ritesh Kumar Nalsar Passout Mrs. Pooja Kothari Practicing Advocate Dr. Shweta Dhand Assistant Professor 2 www.ijlra.com Volume IIssue III|September 2020 ISSN: 2582-6433 A WORD FROM THE TEAM IJLRA:(ISSN: 2582-6433) is proud to complete its Volume I Issue III. The current issue consists of articles, short notes, case comments, legislative comments and book reviews, contributed by advocates, academicians, researchers & students from all parts of the country. Each contribution has been thoroughly examined by our editorial team to provide a filtered and quality read. The fact that law as a subject is dynamic and ever evolving makes it imperative for lawyers, academicians, researchers, and students to stay abreast of recent developments. The same thought process has led us to develop a dedication towards providing all the contributors with a platform to express their original ideas on contemporary issues. With the same endeavour to present view on latest legal developments within and outside country we are successful in presenting diverse selection of stimulating articles. We strive hard to stick to the core of the Journal's principles, which includes diversity and open discussion from all aspects of law while maintaining highest standards of professional integrity. The Issue is a culmination of the efforts of several people who must be rightly acknowledged. We would like to place on record our sincere gratitude to all our contributors for their valuable work. We would also like to thank all the members of Editorial Board for their efforts in shortlisting and editing the papers to ensure that the ideas of authors are being expressed in the best possible manner; and finally the members of our technical support team for making this issue reach all our readers by way of an open access system. We sincerely hope that the present issue will come to the expectations of its readers. Team IJLRA 3 www.ijlra.com Vol ume IIssue III|September 2020 ISSN: 2582-6433 CAN THE EDUCATIONAL TRIBUNALS BRING QUALITY IN THE HIGHER EDUCATION INDUSTRY? A STUDY (By M.Geetha & Prof Dr.S.V .Pulla Reddy) Higher education means any education after 12 years of education. It may be a professional degree or a regular degree.The fields chosen by student may vary. It may be arts, commerce, medicine, engineering, architecture, nursing, cinematography, media, journalism, mass communication, music 1dance, sports, fashion designing, modelling, acting, etc. The requirement of variety in courses, approach, examination methods are under constant change as per needs of the society and world at large.It requires expertise and knowledge in the relevant field to understand these courses to be able to set a standard.This is applicable to educational institutions which are engaged in multiple courses.At the same time to resolve disputes pertaining to education in relation to admission,fees,seat allotment, disciplinary matters,results, reservation,pay scale,promotions, appointment of teachers,setting standards for syllabus, accreditation of NAAC,establishing and maintain educational institutions,autonomous, minorities status etc to name a few. As per UGC there are professional Councils for the courses offered thereby to maintain certain standards.They are: Professional Councils Professional councils are responsible for recognition of courses, promotion of professional institutions and providing grants to undergraduate programmes and various awards. The statutory professional councils are¹: All India Council of Technical Education (AICTE) Medical Council of India (MCI) Indian Council for Agricultural Research (ICAR) National Council for Teacher Education (NCTE) Dental Council of India (DCI) Pharmacy Council of India (PCI) Indian Nursing Council (INC) Bar Council of India (BCI) Central Council of Homeopathy (CCH) 1 4 www.ijlra.com Vol ume IIssue III|September 2020 ISSN: 2582-6433 Central Council for Indian Medicine (CCIM) Council of Architecture Rehabilitation Council National Council for Rural Institutes (NCRI) State Councils of Higher Education (SCHE) All India Council of Technical Education (AICTE) Despite the existence of Professional Councils there are number of cases piled up in the Courts on the disputes relating to education.Initial reforms on education came with Kothari Commission report. The Commission had submitted its Report on 29 June 1966; its recommendations were accommodated in India's first National Policy on Education in 1968.² It didn't say any thing about tribunals in education.Later in 1986 NPE called for a "child-centred approach" in primary education, and launched "Operation Blackboard" to improve primary schools nationwide. The NPE '86 recommends that the institutions of national importance like UGC, NCERT, NIEPA, AICTE, ICAR, IMC etc. will be strengthened to enable them to give shape to national system of education and to cope with the emerging demands of the nation.³ Nevertheless No. 123 Law commission of India report highlighted about- Decentralisation of administration of justice: Disputes involving centres of Higher Education.It was expected to be implemented,but was not. In between lot of changes and technology has started dominating almost all sectors of the industry. The Information Technology Act 2000 has lead many changes in the lifestyle and administration of industry,schools,universities govt offices ,hotels tourism and almost everything.For this minimum literacy is required to be achieved by the Govt.Importance of 2education at all levels became need of the hour.⁴ Law relating to education can be understood as follows: There was no fundamental right about education.Initially it was a State subject.After 42 nd Amendment Act 1976 in Seventh Schedule,Article 246,List III: Concurrent List,no.25. the subject Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour are included.⁵ 2 5 www.ijlra.com Vol ume IIssue III|September 2020 ISSN: 2582-6433 In Fundamental duties under Article 51A under Part IV A of the Indian Constitution Provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002⁶ In Directive principles of state policy: Article 45: Provision for early childhood care and education to children below the age of six years. Article 46: Promotion of education and economic interests of SC, ST, and other weaker sections.⁷ In Fundamental rights: Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth In clause (5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30. In clause (6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,— (a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and (b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category. Explanation.—For the purposes of this article and article 16, "economically weaker sections" shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.⁸ Both Article 29 and Articles 30 guarantee certain right to the minorities. Article 29 protects the interests of the minorities by making
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