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.