Supreme Court Education Cases (Volume 1) by Sumeet Malik -9th Edition 2012

Description

Education, so far neglected by governments and policy-makers alike shall be the single most important factor for the development
of India into a ‘super power’ in the years to come. That Indians need education, at all levels – primary, secondary and tertiary is no longer an issue but a given. Thus, as the sector develops many issues are expected to come up before policy-makers, the government and Courts. Issues relating to Constitutional guarantees to minority educational institutions, both religious and linguistic, and the use of reservation by successive governments, both at the Central and State level as a tool of social upliftment have been litigated before the courts. The Right to Education Act is a very important piece of legislation. Its implementation will pose many challenges to governments and court alike In earlier editions we had included the full text of the important cases and head notes of the other cases.Looking
at the importance of this area of litigation it is now thought prudent to come out with a compilation containing the full text of the judgments of the cases that have been decided by the Supreme Court in this area The cases are now arranged in chronological order and placed volume-wise, each volume being of a handy 900 odd pages. The volumes shall be numbered as Permanent Vol. 1, 2 and so on. The last volume in the series shall be a temporary volume which will contain the latest cases and the statutory material. This volume
shall be replaced by a permanent volume when enough decided cases add up to the same size A comprehensive index has also been included in the beginning of the volume to assist in finding the relevant case law Like previous editions the exact page makeup of the case as published in Supreme Court Cases (SCC) has been retained. This will facilitate easy citability of this compilation. An internal page numbering has also been provided.
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Contents
A. On Education-Generally
B. Rights of Private, Aided, Non-Aided, Minority and Non-Minority Institutions
I – Specific Issues
1.       Admission
1.1.    Basis for Allocation of Seats
1.2.    Capitation Fee
1.3.    Establishment of New Department
1.4.    Increase/Decrease in seats
1.5.    Minimum Marks/Standards/Criteria
1.6.    Reservation/Quota
2.    Affiliation/Recognition
3.    Entrance Test
4.    Establishment of New Colleges/Schools
5.    Examination
6.    Intereference by Court in Academic Matters
7.    Taking over Management
II – Other Issues
C. Rights of Minority Institutions
I – General Rights of minority institutions to establish
and administer educational institutions
II – Specific issues governing minority institutions to
establish and administer educational institutions
1.    Appointment/Termination of Staff
2.    Choice of medium of instruction
3.    Condition for Affiliaton