Syllabus LO 0905 Law on Education

 

Fifth Year B.A. LL.B.    - Semester IX 

Fifth Year B.B.A. LL.B.  - Semester IX 

Third Year LL.B.      - Semester V

Optional Subject 5 (Any one from the following) :

LO 0905 Law on Education :

 

Objectives of the Course : This course aims to acquaint the students with constitutional provisions guaranteeing the right to education and other statutory provisions. It also acquaints the students with the mechanism of regulation of education by Government. It provides the students with the judicial and legislative developments in the field of right to education. It introduces the students with the changing scenario in the field of higher education.

 

Module 01

Constitutional Provisions – Introduction :   1.     Right to Education - Constitutional and Judicial Perspectives 2.     Free and Compulsory Education for children  3.     Equality of Opportunity in Admission in Educational Institutions 4.     Right to Establish and Administer Educational Institutions of Minorities 5.     The National Commission for Minority Educational Institutions Act, 2004 : an Overview 6.     Educational Institutions and Article 12 7.     Competency to make Law on Education – Concerned Entries in VII Schedule

Module 02

The Right to Free and Compulsory Education Act, 2009 : 1.     Object, Application and Definitions under the Act 2.     Nature of Right to free and compulsory education 3.     Duties of Appropriate Govt., Local Authority and Parents 4.     School Management Committees 5.     Academic Responsibilities of Teacher 6.     School Norms and Facilities 7.     Completion of Curriculum and Learning Outcome

 

Module 03	The Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987 : 1.     Object, Application and Definitions under the Act 2.     Prohibition of Demand or Collection of Capitation Fee 3.     Regulation of Fees  4.     Offences and Penalties 5.     Offences by Companies 6.     Procedure of Trial of Offences 7.     Compensation for Accusation without Reasonable Cause
Module 04	The University Grants Commission Act, 1956 : 1.     Object, Application and Definitions under the Act 2.     Establishment of the Commission 3.     Powers and Functions of the Commission 4.     Right to confer degrees 5.     Delegated legislation under the Act - Examples with an Overview
Module 05	The Maharashtra Public Universities Act, 2016 : 1.     Kinds of University : Central universities, or Union universities, State Universities, Private Universities, Deemed University 2.     Object, Application and basic Definitions under the Act 3.     Salient Features of the Act - an Overview of Officers and Authorities of the University 4.     Objects of the University (Section 4) 5.     Board of Students' Development and its Powers and Duties (Sections 55-56) 6.     Grievances of Teachers and Employees (Sections 79-85) 7.     Delegated legislation under the Act - Examples with an Overview
Module 06	Government Control over Universities and Educational Institutions : 1.     Governor - Chancellor of Universities 2.     Appointment of Vice-Chancellor 3.     Control of State Government on Universities  4.     Rule making Power of Government under the Maharashtra Public Universities Act, 2016 5.     Authorities of Government of Maharashtra in Higher Education - Powers and Role - an Overview 6.     Funding to Education, Concessions, Scholarship, Freeship, etc.
Module 07	Prohibition of Ragging :  1.     The Maharashtra Prohibition of Ragging Act, 1999 : a)     Object, Application and Definitions under the Act b)    Offences, Abetment of Offences and Punishments c)     Dismissal, Suspension of Student d)    Procedure of Trial of Offences 2.     The UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009 : a)     Object, Application and Definitions

b)                Salient Features of the Regulations

c)                Measures of Prevention of Ragging at Institutional Level Module 08       Prevention of Malpractices at Examination : 

The Maharashtra Prevention of Malpractices at Examination Act, 1982 :

1.     Object, Application and Definitions under the Act

2.     Offences,  Abetment of Offences and Punishments

3.     Procedure of Trial of Offences

4.     Procedure of Investigation and taking Disciplinary Action (Section 48 of the Maharashtra Public Universities Act, 2016)

5.     University Ordinances relating to unfair means or lapses (Malpractices at Examination)

 

Recommended Readings :

1.     R.D. Agarwal, Law of Education and Educational Institutions in India (Law Book).

2.     B.M. Sankudhar, Encyclopedia of Education System in India (Deep and Deep Publication).

3.     P.L. Mehta, R. Poonga, Free and Compulsory Education (Deep and Deep Publication).

4.     S.P. Sathe, Fundamental Rights and Directive Principles of State Policy - Constitutional Developments Since Independence (Indian Law Institute, 1974).

5.     G.S. Sharma (ed.), Educational Planning : Its Legal and Constitutional Implications in India, (1967).

6.     Sita Ram Sharma (ed.), U.G.C. Schemes - A Mannual for Universities, Colleges and Research Institutions (Mangal Deep Publications, Jaipur, 2003).

7.     N. Sudaarshan (ed.), Right to Education Emerging Scenario (The ICFAI University Press, Hyderabad, 2007).

8.     Sumeet Malik, Supreme Court Educational Institutions Cases (Eastern Book Company, Lucknow, 2008).

Note for Syllabus of all Subjects : 

1.     The students are advised to refer latest editions of the books / readings recommended. The list of recommended readings is given for the general information and understanding of the students. However, students are advised to refer any other standard book or other material available. In case student finds no recommended readings for any topic of the syllabus, the students may refer any standard book or other material available. The students are also advised to refer E-Resources.  

2.     The students shall also refer and study the latest amendments in the concerned law. Such amendment in law shall become a part of a syllabus of concerned subject and shall be operative with effect from the academic year immediately next to the academic year in which amendment in the concerned law becomes operative.