According to official statistics, there are more than 120 private universities and university colleges in this country. The number of public universities is only a small fraction of that - totalling 20.

Although the public generally baulks at the numbers, there is very little discussion about the private nature of these universities. The law defines a private higher educational institution as one that is ‘not established ormaintained by the Government.’ Ironically, however, although they are not established or maintained by the government, government control over them on matters of education and administration is equal to or more than is exerted over public institutions.

At a time when 40% of students in higher education are studying with private institutions, the status of private institutions is bound to have an important bearing on the rights of students. Most private institutions are run as businesses and their main objective is to make profits for their owners. This means that the ups and downs of business are also likely to affect private higher education institutions. Thankfully, up to now, only very few private institutions have been forced to close because of the vagaries of business. But closures nevertheless will happen and students are bound to be the ones to suffer most when it happens. The closing down provisions in the legislation covering private institutions are hardly adequate to safeguard the various of interests of students.

The question then is whether, in the light of the control exerted by the government over theses institutions, aggrieved students may look to the government for compensation?