The Supreme Court on Thursday held that though citizens have a right to establish institutions to impart medical and technical education, they enjoy no fundamental right to recognition or affiliation of their institutions.
A Bench of Justices M.Y. Eqbal and Arun Mishra clarified the legal position while dismissing writ petitions filed by Kerala-based D.M. Wayanad Institute of Medical Sciences and others.
The petitioners had approached the Supreme Court against the decisions of the Medical Council of India and the Central Government to refuse to recommend renewal of permissions for admitting students for MBBS course at their institute for the academic year 2015-16 following adverse inspection reports.
“From a bare reading of the provision contained in Article 19(1)(g) it is evidently clear that the citizens have been conferred with the right to practice any profession or carry on any occupation, trade or business, but such right is subject to the restriction and imposition of condition as provided under Article 19(6) of the Constitution,” the Bench said.
“Even though (they) have a right to establish institutions for imparting medical and technical education, such right is not a fundamental right,” the Supreme Court bench added.
The Bench quoted from a 1993 judicial case judgment to point out that “education has always been treated in this country as religious and charitable activity and making it commercial is opposed to the ethos, tradition and sensibilities of this nation. A citizen of this country may have a right to establish an educational institution but no citizen, person or institution has a right, much less of fundamental right, to affiliation or recognition”.
A Bench of Justices M.Y. Eqbal and Arun Mishra clarified the legal position while dismissing writ petitions filed by Kerala-based D.M. Wayanad Institute of Medical Sciences and others.
The petitioners had approached the Supreme Court against the decisions of the Medical Council of India and the Central Government to refuse to recommend renewal of permissions for admitting students for MBBS course at their institute for the academic year 2015-16 following adverse inspection reports.
“From a bare reading of the provision contained in Article 19(1)(g) it is evidently clear that the citizens have been conferred with the right to practice any profession or carry on any occupation, trade or business, but such right is subject to the restriction and imposition of condition as provided under Article 19(6) of the Constitution,” the Bench said.
“Even though (they) have a right to establish institutions for imparting medical and technical education, such right is not a fundamental right,” the Supreme Court bench added.
The Bench quoted from a 1993 judicial case judgment to point out that “education has always been treated in this country as religious and charitable activity and making it commercial is opposed to the ethos, tradition and sensibilities of this nation. A citizen of this country may have a right to establish an educational institution but no citizen, person or institution has a right, much less of fundamental right, to affiliation or recognition”.
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