MISS MOHINI JAIN versus STATE OF KARNATAKA AND ORS.

MISS MOHINI JAIN versus STATE OF KARNATAKA AND ORS.

Charging capitation fee as consideration for admission to educational institutions is wholly illegal, arbitrary, and unconstitutional; Rs.60,000 per annum permitted by the Karnataka State Government notification is capitation fee and not tuition fee, and thus ultra vires the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 and must be struck down.

Parties
Petitioner: Miss Mohini Jain; Respondent No.1: State of Karnataka; Respondent No.3: Sri Siddharatha Medical College, Agalokote, Tumkur; Intervener: Karnataka Private Medical Colleges Association
Jurisdiction
India
Judgment Date
30 July 1992
Procedural Posture
Writ Petition (civil) No.456 of 1991 / Original Jurisdiction Final Judgment
Outcome
Writ petition allowed to the extent that capitation fee struck down; no relief regarding admission to petitioner.
Legal Topics
Right to Education, Capitation Fee, Equality Before Law, Regulation of Fees in Educational Institutions
Constitutional Law Education Law Right to Education Capitation Fee Equality Before Law Regulation of Fees in Educational Institutions

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Parties

Miss Mohini Jain

Petitioner

State of Karnataka

Respondent No.1

Sri Siddharatha Medical College, Agalokote, Tumkur

Respondent No.3

Karnataka Private Medical Colleges Association

Intervener

Procedural Posture

Writ Petition (civil) No.456 of 1991 / Original Jurisdiction Final Judgment

Legal Issues

  1. 1 Is there a right to education guaranteed to the people of India under the Constitution?
  2. 2 Does the concept of capitation fee infract the right to education?
  3. 3 Is the charging of capitation fee arbitrary, unfair, or unjust and violative of Article 14?

Ratio Decidendi

Charging capitation fee as consideration for admission to educational institutions is wholly illegal, arbitrary, and unconstitutional; Rs.60,000 per annum permitted by the Karnataka State Government notification is capitation fee and not tuition fee, and thus ultra vires the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 and must be struck down.

Court Disposition

Writ petition allowed to the extent that capitation fee struck down; no relief regarding admission to petitioner.

Orders

  • Paragraphs 1(c) and 1(d) of the Karnataka State Government notification dated June 5, 1989 quashed.
  • Paragraph 5 of the notification rendered redundant.