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july 1992

Supreme Court of India · 1992-07-30

MISS.MOHINI JAIN vs THE STATE OF KARNATAKA

Citation / case number
SC 1991/76041
Court
Supreme Court of India
Petitioner
MISS.MOHINI JAIN
Respondent
THE STATE OF KARNATAKA
Author
KULDIP SINGH
Bench
KULDIP SINGH

Judgment text excerpt

The Supreme Court ruled that the notification issued by the Karnataka Government under Section 5(1) of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984, which allowed private medical colleges to charge exorbitant tuition fees, was unconstitutional. The Court held that the classification of students based on merit for charging different tuition fees was invalid and that the right to education under Articles 41 and 45 of the Constitution of India encompasses the right to access education without being subjected to capitation fees. The notification was declared ultra vires, and the petitioner was entitled to admission without the imposition of such fees.

MISS.MOHINI JAIN vs THE STATE OF KARNATAKA · Niyam