The Supreme Court has held that the right to establish an educational institution can be regulated to maintain academic standards.
"Such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration," a Bench led by Justice L. Nageswara Rao observed
However, the court said, measures like fixing a rigid fee structure, dictating the formation and composition of a governing body, compulsory nomination of teachers and staff for appointment or nominating students for admissions would be "unacceptable restrictions".
The court's observations was part of a judgment upholding Regulation 6(2)(h) of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Studies or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006.
The apex court set aside a Rajasthan High Court decision which had struck down the amended Regulation 6(2)(h).
The amendment made it mandatory for an applicant to attach the proposed dental college with a government or private medical College recognised by the Medical Council of India located in the vicinity.
