Even if the State has compelling interest in private higher education, it would violate Article 19(1) (g) if private managements are compelled to admit students at a subsidized fee and bear the cost for the same. Therefore, the best strategy to harmonize the competing interests of private management & State is to devise a common scholarship scheme of representation & scholarship. State while making the provision of reservation for socially and educationally backward classes in private institutions of higher education must provide scholarship to all students who fall below a certain level of income irrespective of their religion, race, sex or place of birth. This will provide special incentives to private managements to follow the reservation policy & effectively enjoy the right under Article 19(1)(g). In this way the State’s interest of social justice does not impose unnecessary financial burden on private management. Common scholarship scheme should be seen as an aid to private players in higher education.
Dr. Ayaz Ahmad, Associate Professor, Unitedworld School of Law (UWSL)
Disclaimer: The opinions / views expressed in this article are solely of the author in his / her individual capacity. They do not purport to reflect the opinions and/or views of the College and/or University or its members.