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Patna HC directs Bihar Universities to hold CET for B.Ed. Admission

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Bihar High Court ordered Varsities to hold CET for B.Ed. Admission

The Patna High Court dismissed the petitions filed by unaided private institutions against the ordinance for B.Ed. admissions under universities in Bihar published under the order of Chancellor of universities in Bihar. The Patna High Court bench laid down the admission process and fee structure of unaided private minority and non-minority institutions. These institutions challenged the ordinance calling it arbitrary and unreasonable – reports livelaw.in

The legal position in relation to right of a professional institution to establish and manage educational institution is as under:-

  1. Right of professional institutions to run educational institutions is right to occupation, which is a fundamental right in the Constitution of India. But the educational institutions cannot indulge in making huge profits or commercialization.
  2. The educational institution can be subjected to regulatory measures by the State so that the admission criteria, admission process and fee satisfy complete fairness and transparency.
  3. The State can hold a Common Entrance test for all the private institutions in the state offering education in the similar professional courses.  The restriction on such educational institutions for admission through Common Entrance Test is reasonable which satisfies the test of proportionality.
  4. Holding a Common Entrance Test followed by a centralized counseling regulating admissions does not cause any abridgement of the right of minority unaided educational institutions to admit students of their choice.
  5. Minority institutions are free to admit students of their own choice based on the CET result including students of non-minority and members of their own community from other States, but both to a limited extent only.
  6. Every unaided privately managed educational institution can be regulated in the interest of preventing profit making and check capitation fee.
  7. While fixing fee structure the infrastructure of the institution, investment, salaries of the teachers and plans for future expansion are to be considered.

The High Court said that the B.Ed. is a professional course and the state enjoyed credibility in fulfilling the objective of merit and transparency. Further, the minority and non-minority institutions cannot be distinguished on the basis of Common Entrance Test. Thus, the CET’s do not violate any constitutional provision or statutory enactment. The court directed the universities to hold Common Entrance test for admissions to B.Ed. courses and abide by the provisions of the ordinance. Regarding the fee structure, the court said that the fee structure has been fixed provisionally and a state level committee is proposed to be constituted for deciding the fee structure.

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