Internet access as a fundamental right for children: What the Supreme Court ruling means

In a landmark decision, the Supreme Court of India has ruled that students enrolling in professional courses must be fully aware of the total expense of their education from the very beginning. The court held that mid-term fee hikes in professional courses are impermissible, except in extraordinary or unforeseeable economic conditions or due to statutory changes.

The court emphasized the importance of fee certainty for both students and their families, as professional course fees often represent a significant portion of a family's income or savings. Recognizing the financial burden on families, particularly those relying on student loans, the court stated that adverse variations in financial commitment could create insecurities that may adversely affect the quality and character of future professionals.

The court acknowledged the legitimate interest of self-financing educational institutions in securing adequate resources to provide quality education and enhance standards. However, it stressed that these institutions must recover the cost of an education at the appropriate time and cannot defer recovery to future batches. Fee-fixation committees must function as ongoing entities, capable of anticipating costs, conducting periodic assessments, and making timely decisions.

Both the All India Council for Technical Education Regulations, 1994, and the National Education Policy, 2020, provide regulatory frameworks that prevent arbitrary fee increases by self-financing higher educational institutions while preserving their legitimate fiscal space. The court also clarified that it was not against periodic fee revisions but rather against any fee adjustments that occur mid-stream.

The judgment, authored by Justice P.S. Narasimha, noted that professional course fees are, on average, 711% higher than those for general academic programs. This disparity highlights the financial challenges faced by families in funding their children's professional education. The court urged the authorities to notify the total fee payable for the entire course before a student enrolls, ensuring a sense of predictability regarding the financial liability associated with higher education.