D. P. JOSHI versus THE STATE OF MADHYA BHARAT AND ANOTHER

D. P. JOSHI versus THE STATE OF MADHYA BHARAT AND ANOTHER

The rule does not infringe Article 15(1) because it is based on residence, not place of birth. The classification on the basis of residence is reasonably related to the object of promoting education within Madhya Bharat and thus does not offend Article 14.

Parties
Petitioner: D. P. Joshi; Respondent: The State of Madhya Bharat and another
Jurisdiction
India
Judgment Date
27 January 1955
Procedural Posture
Article 32 Petition / Final Judgment
Outcome
Petition dismissed (by majority), Jagannadhadas J. dissenting
Legal Topics
Equality, Discrimination, Education, Fundamental Rights
Constitutional Law Equality Discrimination Education Fundamental Rights

Case Brief

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Parties

D. P. Joshi

Petitioner

The State of Madhya Bharat and another

Respondent

Procedural Posture

Article 32 Petition / Final Judgment

Legal Issues

  1. 1 Whether the rule imposing capitation fee on non-residents of Madhya Bharat infringes Articles 14 and 15 of the Constitution

Ratio Decidendi

The rule does not infringe Article 15(1) because it is based on residence, not place of birth. The classification on the basis of residence is reasonably related to the object of promoting education within Madhya Bharat and thus does not offend Article 14.

Court Disposition

Petition dismissed (by majority), Jagannadhadas J. dissenting

Orders

  • Petition is dismissed without costs.