MOHINI JAIN VS STATE OF KARNATAKA AND ORS.


  

   MOHINI JAIN VS STATE OF

      KARNATAKA AND ORS

 

JUDGES

KULDIP SINGH

SAHAI,RM

 

CITATION

1992 AIR 1858                      1992 SCR (3) 658

 1992 SCC (3) 666                  JT 1992 (4) 292

1992 SCALE (2) 90                                      

 

 

FACTS

Miss MohiniJain  was a  resident of Meerut,Uttar Pradesh and she was seeking admission in Karnataka State Medical College.Thefee for candidates admitted by ‘government seats’ was Rs.2000,whereas fee for other students from Karnataka was 25,000 and for students from outside Karnataka it was 60,000 per year.

 

The college asked Miss Mohini to pay the sum of Rs.60,000 at the beginning of session in March and the management board asked her to provide a bank assurance for the remaining 4 years of MBBS course as she was a student from outside Karnataka.

 

When her father told that  he could not afford the above mentioned amount,she was denied admission .

 

Miss Mohini Jain filed a petition under Article 32 of the Indian Constitution which  challenged the notification of  Karnataka Government permitting the Private Medical Colleges in Karnataka

To charge exhorbitant fee from students  who are not admitted through Government seats.

 

ISSUES

1)   Does the Indian Constitution guarentees the right to education?

2)   Should private colleges charge capitation fee?

3)   Does capitation fee violates article 14?

 

 

JUDGEMENT

                  The honorable court said that even though Right to Education is not  a  Fundamental right,Article 21,article 38,39(a),(f),41 and 45 were included to by framers of the Constitution to provide state a sense of responsibility towards providing education to its citizens.The court held that Right to life under Article 21 cannot be assured unless right to education is provided.Fundamental rights like right to freedom of speech and expression are of no use if education is not developed and promoted.

Education is a basic human right,which assures dignity and prosperity,minimizes  inequality and promotes welfare which is a basic Directive Principle of State Policy under Article 38 Part( IV).

Article 39 of  part IV directs state to secure adequate means of livelihood ,which cannot be achieved if  state does  not promote adequate means of education.

The capitation  fee was abolished by the court ,it found capitation fee exhorbitant and since they are income based and not merit based,they were found to be unconstitutional and in violation of  the right to equal protection under Article 14 of the Constitution.The court held that fee charged by Medical College was not tutionfee,but capitation fee ,hence it was a violation of Karnataka Educational Institutions (Capitation Fee Prohibition )Act.

 

The SC relied on various cases like EP Royappa v. State of Tamil Nadu and Anr,Maneka Gandhi v. Union of India, D.P Joshi v. State of Madhya Bharat and others to arrive at a decision.

 

The writ petition was accepted,but the petitioner was not provided any relief related to enrolment,as she was not admitted to college on merit and the course had already begun in March 1991,so it found no basis in directing the State Government of Karnataka to grant her admission.

CONCLUSION

This judgement was the an important step taken by the SC to promote equality in education by prohibiting colleges from charging exhorbitantfee.Education is a basic human need which  ensuresself growth ,equality of oppurtunities,ability to grow into best version of himself/herself.It paved way for the 86th Constitutional Act,2002 which incorporated Article 21 –A to provide free and mandatory for all children in the age group from 6 to 14 years .It was  a  Fundamental Right. In 2009 Right to Children to Free and compulsory Education (RTE) Act,2009 was enacted  to give teeth to Article 21-A.

 

 

 

 

 

 

 

 

 

 

  

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