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Sep 27, 2010

Miss Mohini Jain Vs State of Karnataka and others, AIR 1992 SC 1858

The Karnataka State Legislature, with the object of eliminating the practice of collecting capitation fee for admitting students into educational institutions, enacted the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (the Act)…. Under the notification the candidates admitted against "Government seats" are to pay Rs. 2,000/- per year as tuition fee. The Karnataka students (other than those admitted against "Government seats") are to be charged tuition fee not exceeding Rs. 25,000/- per annum. The third category is of "Indian students from outside Karnataka", from whom tuition fee not exceeding Rs. 60,000/- per annum is permitted to be charged….
Hon'ble Supreme Court of India observed, “The directive principles which are fundamental in the governance of the country cannot be isolated from the fundamental rights guaranteed under Part III. These principles have to be read into the fundamental rights. Both are supplementary to each other. The State is under a constitutional mandate to create conditions in which the fundamental rights guaranteed to the individuals under Part III could be enjoyed by all. Without making "right to education" under Article 41 of the Constitution a reality the fundamental rights under Chapter III shall remain beyond the reach of large majority which is illiterate….
The right to life under Article 21 and the dignity of an individual cannot be assured unless it is accompanied by the right to education. The State Government is under an obligation to make endeavour to provide educational facilities at all levels to its citizens….”

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