New Delhi: Drafted by the Human Resource Development (HRD) Ministry to provide for a Central Law to curb malpractices, the Group of Ministers (GoM) on Wednesday cleared 'The Prohibition of Unfair Practices in Technical, Medical Educational Institutions and Universities Bill.'

After expressing concerns over certain provisions, the draft legislation was referred to the GoM by the Cabinet.

Some cabinet members in particular were skeptical about the Bill being challenged especially after the Supreme Court’s decision in the T.M.A. Pai case which held that the establishment of private un-aided educational institutions was in the exercise of the Fundamental Right to Occupation under Article 19 (1) (g) of the Constitution.

The ministry clearly pointed put that the bill is in no way meant to deter the private participation by stating that there was a need to frame a central law in order to curb the menace, which had crept in due to malpractices that had diluted the professional education system.

The malpractices include capitation fee, donations, overcharging the prospectus, lack of transparency in admission procedures, misleading advertisements, recruitment of unqualified persons and underpayment of teachers.

Implementation of the Bill means punishment of up to three years in jail and Rs.50 lakh as fine.

The draft legislation, according to the Ministry, has built-in safeguards against any misuse of authority or unnecessary interference with the autonomy of institutions.