Finally on 2nd May 2016 , 5 judge Constitution
bench comprising of Justices A R Dave, A K Sikri,
R K Agrawal, A K Goel and R Banumathi in the matter of
Modern Dental College And Research Centre Vs. State of Madhya
Pradesh [Medical Council of India] held that education is a noble
profession.
Every demand of capitation fee by educational
institutions is unethical & illegal. It emphasised that the
commercialization and exploitation is not permissible in
the education sector and institutions must run on
'no-profit-no-loss' basis.
It categoricaly held that
Though education is now treated as an
'occupation' and, thus, has become a fundamental right
guaranteed under Article 19(1) (g) of the Constitution, at the same
time shackles are put in so far as this particular occupation is
concerned, which is termed as noble. Therefore, profiteering and
commercialization are not permitted and no capitation fee can be
charged. The admission of students has to be on merit and
