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P.A. Inamdar & Ors vs. State of Maharashtra & Ors (2005)


P.A. Inamdar vs. State of Maharashtra is a significant case concerning the right of private unaided educational institutions in India to admit students and fix fees. The judgment elucidated upon the autonomy of private institutions in admissions and fee structures, provided they don’t resort to capitation fees or profiteering.


Post the T.M.A. Pai Foundation vs. State of Karnataka case, questions remained regarding the exact scope of the rights of private educational institutions, particularly regarding admissions and fee structures. P.A. Inamdar sought clarity on these issues.

Key Issues:

  1. Whether private unaided institutions have the autonomy to determine their admission procedures?
  2. Whether states could regulate the admission process and fee structure of these institutions?
  3. Whether there could be a quota for admitting students belonging to religious or linguistic minorities in institutions run by such minorities?


  1. Autonomy in Admissions: The Supreme Court upheld that private unaided professional institutions have the right to admit students of their choice, but this admission process must be fair, transparent, and non-exploitative. They can have their own admission procedures as long as they adhere to these principles.
  2. No Imposition of Quotas by States: States cannot impose their reservation policy on minority and non-minority unaided private colleges, including linguistic and religious minority institutions.
  3. Fee Structure: While institutions have the freedom to fix their fee structures, they shouldn’t be charging capitation fees or profiteering. Any surplus amount generated should be invested in the betterment of the institution and not be used for other purposes.
  4. Committee for Fee Fixation: The Court suggested that to prevent the charging of capitation fees and profiteering by private unaided institutions, there can be a committee to oversee the fee structure. This committee can have representatives from the state and the institution and can be empowered to check the fairness and transparency of the fee charged.


The judgment in P.A. Inamdar vs. State of Maharashtra reinforced the autonomy of private unaided educational institutions in India while balancing it with the principle of social welfare. It re-emphasized the need to prevent commercialization of education, ensuring that the field remains a noble endeavor focused on nation-building.


The P.A. Inamdar case serves as a reminder of the delicate balance between individual rights and societal interests. It ensures that while private institutions have the autonomy they need, this freedom is not misused to the detriment of society at large. Education remains a tool of empowerment, and the judgment ensures its sanctity is maintained.

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