Bill cleared to curb malpractices in professional education

NEW DELHI: The Group of Ministers (GoM) on Wednesday cleared ‘The Prohibition of Unfair Practices in Technical, Medical Educational Institutions and Universities Bill’ drafted by the Human Resource Development Ministry to provide for a Central law to curb malpractices.

The draft legislation had been referred to the GoM by the Cabinet after concerns were expressed at certain provisions. In particular, some Cabinet members were apprehensive of the Bill being challenged, especially as the Supreme Court, in the T.M.A. Pai case, held that establishment of private unaided educational institutions was in the exercise of the Fundamental Right to Occupation under Article 19 (1) (g) of the Constitution.

While pointing out that the Bill was not aimed at dissuading private participation, the Ministry said that so far there was no Central law to curb a range of malpractices that crept into the professional education system. These include capitation fee, donations, overcharging for sale of prospectus, opacity in admission procedures, misleading advertisements, recruitment of unqualified persons and underpayment of teachers.

The Bill provides for a punishment of up to three years in jail and Rs. 50 lakh as fine. According to the Ministry, the draft legislation has built-in safeguards against any misuse of authority or interference with the autonomy of institutions.