Skip to main content

Case Analysis of Mohini Jain vs State of Karnataka

 Case Analysis of Mohini Jain vs State of Karnataka


The Supreme Court first recognized the right to education as a fundamental right in Mohini Jain vs State of Karnataka on July 30th, 1992. 

Equivalent citations: 1992 AIR 1858

Petitioner: Miss Mohini Jain

Respondent: State of Karnataka

Facts of the Case:

  • Karnataka State Government issued notification dated June 5,1989 under section 5(1) of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 fixing the tuition fee, other fees and deposits to be charged from the students by the private medical college in the State.

  • The tuition fee per year for the candidates admitted in “Government Seats” was Rs 2000

  • Whereas for the Karnataka students (other than those admitted against “Government seats”) the tuition fee was not exceeding Rs 25,000

  • The students belonging to the category of “Indian students from outside Karnataka” were to pay the tuition fee not exceeding Rs 60,000 per annum.

Mohini Jain

  • A Resident of Meerut had applied for admission for a medical course at Sri Siddhartha Medical College, Karnataka, under the quota of government seats

  • But she was classified under the category of “Indian students from outside Karnataka”

  • College told her she could be admitted to the MBBS Course in the session commencing February/March 1991, provided she would deposit Rs 60,000 as the tuition fee for the 1st year and furnish a bank guarantee in respect of the fees for the remaining years of the MBBS Course. When the father of the petitioner informed the respondent No 3 that he could not pay the exorbitant annual tuition fee of Rs 60,000, the petitioner was denied admission.

  • Moreover, she also complained that the college management board had further asked her the capitation fee of rupee four and a half lakhs, which was later refused by the college.

Sri Siddharth Medical College

  • Criteria which have been followed in the private college regarding the capitation fees are not chargeable from those students who were qualified for the Government seats but only from those students who were from different classes.

  • The Management board of the college has the right to charges fees from those who didn’t come under the merit list.

  • They are a private medical college and there was no financial aid which was provided from the government Karnataka or the central government and also practically these private medical colleges used to incur 5 lakh Rupees as expenditure for MBBS course.

  • Lastly, they also contended that the private medical colleges have always followed the rule of law and abide by all the laws for the smooth functioning of the administration and also were justified in charging the capitation fees.

Legal questions before the court

  • Is there any Right to Education under Indian Constitution?

  • Is charging capitation fee arbitrary under Article-14?

  • Does Karnataka government order allow capitation fee to be changed?

  • Court held that through the Right to Education is not expressly mentioned as a Fundamental Right Article 38, 39(a), 41 and 45 of the Indian constitution make it clear that the constitution makes it obligatory for the state to provide education for its citizens.

The Judgement

  • Under article 21 an individual’s dignity cannot be assured unless he has a right to education.

  • Universal declaration of human rights, by the United Nations and several cases that held that the right to life encompasses more than ‘life and limb’ and including necessities of life, nutrition, shelter and literacy.

Also,

  • Charging capitation fee makes education inaccessible

  • Charging of a very high capitation fee violates Article 14 of the constitution.

  • Court recognized imparting Education is both charity and duty

  • Article 19(1)(g) was disregarded 

  • Education at higher level was virtually nationalized.
Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more