Modern Dental College vs State of Madhya Pradesh - Supreme Court Case
Modern Dental College and Research Centre & Ors. vs State of Madhya Pradesh - Supreme Court Important Judgment 2016 -
On 2nd May, 2016, in the case of Modern Dental College and Research Centre & Ors. vs State of Madhya Pradesh & Ors. [Civil Appeal No.4060 of 2009], the appellantsunaided private medical and dental colleges challenged the validity/vires of the provisions of a statute passed by the Madhya Pradesh State Legislature i.e. 'Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007'; and also vires of the Rules framed under the said Act, namely, Admissions Rules, 2008 and the Madhya Pradesh Private Medical and Dental Post Graduate Courses Entrance Examination Rules, 2009 which regulated the admission of students in post graduate courses in private professional educational institutions and also contained provisions for fixation of fee and reservation of seats.
While upholding the constitutional validity of the said Act and Rules, the Supreme Court observed that having regard to the malpractices noticed in the Common Entrance Test (CET) conducted by such private institutions themselves, it is “in the larger interest and welfare of the students community to promote merit, add excellence and curb malpractices” and that the “extent of restriction has to be viewed keeping in view all these factors” and, therefore, “the impugned provisions which may amount to 'restrictions' on the right of the appellants to carry on their 'occupation', are clearly 'reasonable' and satisfied the test of proportionality.” It was held that “though the fee can be fixed by the educational institutions and it may vary from institution to institution depending upon the quality of education provided by each of such institution, commercialisation is not permissible. In order to see that the educational institutions are not indulging in commercialisation and exploitation, the Government is equipped with necessary powers to take regulatory measures and to ensure that these educational institutions keep playing vital and pivotal role to spread education and not to make money.” The Court further observed that “the occupation of education cannot be treated at par with other economic activities. In this field, State cannot remain a mute spectator and has to necessarily step in, in order to prevent exploitation, privatization and commercialisation by the private sector.”