Jump to ContentJump to Main Navigation
History of Education Policymaking in India, 1947-2016$
Users without a subscription are not able to see the full content.

R.V. Vaidyanatha Ayyar

Print publication date: 2017

Print ISBN-13: 9780199474943

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780199474943.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 December 2019

The Old Order Changeth, Yielding Place to the New (Murli Manohar Joshi’s Tenure)

The Old Order Changeth, Yielding Place to the New (Murli Manohar Joshi’s Tenure)

Chapter:
(p.287) Chapter 11 The Old Order Changeth, Yielding Place to the New (Murli Manohar Joshi’s Tenure)
Source:
History of Education Policymaking in India, 1947-2016
Author(s):

R.V. Vaidyanatha Ayyar

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199474943.003.0011

This chapter elaborates the shifting case law over the 24 year period from 1982 to 2006 in regard to the right of private individuals and organisations to establish educational institutions, the regulation of admissions to private-unaided institutions (self-financing institutions), and the regulatory power of AICTE. It offers a theoretical explanation of these shifts by elaborating two major reinforcing factors. The first is the adoption of an interpretational philosophy that legitimates judges going beyond the express wording and original intent of Constitution makers, discerning the purpose underlying a constitutional provision, and applying the purpose so discovered to rectify failures of public policy and governance types. The second factor is the inbuilt trait to expand as a result of a generous policy of admitting appeals. Given that judges differ considerably in the judicial philosophy they hold, and their perception of policy problem and solutions case law has bene fluid, creating uncertainty for institutions which are regulated as well as regulators like the AICTE.

Keywords:   judicial philosophy, judicial activism, Right to Establish Education Institution, Right to Education, Regulation of Admission, fees regulation, AICTE vs universities, AICTE vs UGC

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .