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december 2001

Supreme Court of India · 2001-12-14

Father Thomas Shingare And Ors vs State Of Maharashtra And Ors

Citation / case number
AIR 2002 SUPREME COURT 463
Court
Supreme Court of India
Petitioner
Father Thomas Shingare And Ors
Respondent
State Of Maharashtra And Ors
Bench
K.T. Thomas, S.N. Phukan

Judgment text excerpt

The Supreme Court upheld the application of Section 7 of the Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987, affirming that the provisions of the Act apply to unaided educational institutions run by religious minorities. The Court rejected the argument that these provisions are ultra vires Article 30 of the Constitution, which guarantees the right of minorities to establish and administer educational institutions. The Court held that the collection of fees exceeding the prescribed limit constitutes an offence under the Act, thereby affirming the lower courts' decisions to proceed with the complaint against the school authorities.

Father Thomas Shingare And Ors vs State Of Maharashtra And Ors · Niyam