establish schools has been part of international human rights law since its creation. It is guaranteed amongst civil and political rights and is therefore subject to international as well as domestic legal enforcement. The European Commission on Human Rights has affirmed the right to establish private schools, subject to their regulation and supervision by the government to ensure that education, especially its quality, conforms to the prescribed standards.6 Allowing anybody to set up an institution, call it a ‘school,’ carry out a programme called ‘education,’ and issue to learners pieces of papers called ‘diplomas’ which may turn out to be worthless is not the purport of international human rights law; it would constitute dereliction of governmental human rights obligations. Most countries thus operate some system of accreditation and/or licensing so as to ensure that schools are properly equipped and staffed and that their programmes conform to the definition of education. The balance which needs to be struck between the governmental obligation to ensure that education is worthy of its name and safeguards necessary to prevent the government from abusing its power to grant or withhold license has generated endless court cases all over the world. Court cases are often brought by those who attended unlicenced educational institutions and are subsequently precluded from continuing their education because their diplomas are not recognized, or from taking examinations needed for employment or further education. In India, one 6 European Commission on Human Rights – Ingrid Jordebo Foundation of Christian Schools and Ingrid Jordebo v. Sweden, Application No. 11533, Decision of 6 March 1987, Decisions & Reports, vol. 51, p. 125. 18 Right to Education Primers No. 3 such case reached the Supreme Court in 1992, after students from an unrecognized educational institution had secured an order of a lower court to be allowed to take an exam, granted them on humanitarian grounds. Out of 129 students, only one passed, which well illustrated the poor quality of the unrecognized educational institution which they had attended. The Court has admonished the lower court, pointing out that ‘slackening the standard and judicial fiat to control the mode of education and examining systems are detrimental to the efficient management of education.’ The need to ensure that nominally available schools conform to the established educational standards has been thus described: This Court judicially noted mushroom growth of illequipped and under-staffed unrecognized educational institutions in Andhra Pradesh, Bihar, Tamil Nadu and Maharashtra States and other States too are no exceptions. Obviously the field of education is found to be fertile, perennial and profitable business venture with least capital outlay. This case is one such case from the State of Maharashtra. It would appear that individuals or societies, without complying with the statutory requirements, establish educational or training institutions ill equipped to impart education and have students admitted, in some instances despite warnings by the State Government and in some instances without knowledge of the State Government concerned, but with connivance at lower levels.