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“Student’s Right to Education ” and Government’s Right to make Policies on “Education” – Do Policies of Government such as Ministry of Education Body, supersede Constitutional Rights and freedom ? Legal perspective by University Counsel.

Legality of our Online Degrees

Every Country has a Constitution which defines the rights of their Citizens. Constitution defines “ Right to education and Right to equality and Right of equal opportunity  and also Right to be respected.”  All Governments have similar rights in their respective Constitution. All Governments have moral responsibility to respect these rights of not only their Citizens but also of Rights of Foreigners, working in another Country.

The Constitution does not does not specify that  their  Citizens and Foreigners should join, “ Federal Universities “ or Government Universities only to be recognized.  The fees in Government owned Universities, are very high and the admissions conditions are very tough and not all Citizens can join such Universities.  For Example, in USA, the Government does not offer Accreditation and it does not control Universities.  There are around 5000 Universities in USA, but only around 23% of them are supported by Federal Government in terms of giving Funds to them for operations. The remaining 77% of Universities are not supported by Government. Whereas, the Constitution gives freedom to their Citizens to choose any University they can afford.  Nor the Government can discriminate on right to attestation of documents by their citizens.

All Citizens and Foreigners have freedom to choose any University which they feel is good and they would want to join based on the affordability of “ fees “ and  based on “  how easy or difficult it is to meet the eligibility conditions of University to join a particular Program of any University “ . 

Although the Governments in all countries have freedom to form Laws and Policies on “ Education “ to ensure that their citizens get best education  but it has to keep at the same time in mind the  equal rights in education which can’t be denied. Citizens and Foreigners can make the Representation to the Government to respect their rights and amend their Policies.

Government Policies must take into consideration Citizens and Foreigner’s fundamental rights under the Constitution and respect them and give freedom to their Citizens to choose those Universities, which they can afford.  It should be noted that the Policies are not Laws because the Laws are made in Parliament by the People’s Representatives, whereas the Policies are made by Individual or a particular person or Organization to govern an internal state of affairs or an Organization and Policies are not made in Parliament and hence, Policies can’t supersede Constitution Laws.

Based on above Constitutional and Human Rights of UN, the Citizens and Foreigners can join any University of any Country through distance learning ( online) and all forms are legal and respected. There are no restrictions on mode of study and all Universities and Degrees should be recognized and respected, and not merely Federal Universities, because 80% of people of any Country are not rich. They are poor or middle-class and so, they cannot afford high amount of fees. All Leaders of the Countries, recognize these rights, including  USA, UK, India, and Middle-Eastern Countries.