From: gnreddy@cbnewsf.att.com (G.Narotham Reddy)
Subject: India - Supreme Court rules out capitation fee in private schools
Organization: AT&T
Date: Fri, 14 Aug 92 23:04:11 GMT


Source  : The Hindu
Date	: Aug 8, 1992
Country : India


* Capitation fee cannot be charged - Supreme Court

The Supreme Court in a significant judgement dealing with the right to
education under a constitutional scheme ruled that "it is not permissible
in law for any educational institution to charge capitation fee( by
whatever name it is called) as a consideration for admission to the said
institution."

Mr.Justice Kuldipsingh, who delivered the judgement of the Bench, quashed
paras 1(d) and 1(C) of the Karnataka State Goverment notification dated
June 5, 1989 - which provides respectively, that "Indian students
from outside Karnataka" admitted by private medical colleges in the state
shall be charged tuition fee not exceeding Rs 60,000 each per annum and
"Karnataka students" other than students admitted against Government seats
shall be charged "tuition fee" not exceeding Rs 25,000 each per annum.

The bench, which included Justive R.M.Sahai, also held that "there is no
escape form the conclusion that charging of capitation fee in
consideration of admissions to educational institutions is wholly
arbitrary and as such infracts Artice 14 of the Constitution(equality
before law).
	The bench pointed out that "the capitation fee brings to the
fore a clear class basis.  It enables the rich to take admissions
whereas the poor has to withdraw due to financial inability.  A poor
student with better merit cannot get admission because he has no money
whereas the rich can purchase the admission.  Such a treatment is
patently unreasonable, unfair and unfit".

Right to Education: The bench also held that every citizen "has a right
of education under the Constitution" and the State is under an
obligation to establish educational institutions to enable the citizen
to enjoy the said rights.
	"The students are given admission to the educational
institutions - whether State-owned or State-recognized - in recognition
of their "right to education under the Constitution", the Bench pointed
out.
	The object of the Act is to effectively curb the evil practice
of collecting capitation fee for admitting students into educational
institutions in Karnataka", the bench said.
	The impunged notification was issued by the Karnataka Government
under section 5 of the Act which authorises the Government "to regulate
tuition fee by way of notification".
	If the state government fixed Rs 2,000 per anuum as tuition fee
in "government collges" and for "Government seats" in private medical
colleges then "it is the State's responsibility to see that any private
college which has been set up with the Government permission and is
being run with Government recognition is prohibited form charging more
than Rs 2,000 from any student who may be a resident of ANY 
PART OF INDIA".
	The Bench was disposing a writ petition from a woman student
hailing from Meerut challenging the Karnataka Government notifications
as she was denied admission into a private medical college because of an
exorbitant annual fee of Rs 60,000.
	the bench in its judgement, however, made it calear that
"nothing caontained in this judgement shall be applicable to the cases
of foreign students and students who are non-resident Indians".
	The Bench held that all those studetns who have laready been
admitted to the private medical colleges in the State of Karnataka
intermans of the impugned notification shall not be entitled to the
advantage of this judgement and they shall continue their education on
the same terms and conditions on which they were admitted to the
consolidated MBBS course.


* Andhra Pradesh sanctions private medical colleges

Amidst protests from students and opposition parties, particularly the
Telugu Desam, the Andhra Pradesh government has permitted the starting
of 12 private medical colleges and eight dental colleges in the state
from this academic year itself.
	the students intake in the medical colleges will be 1,200 and in
the dental colleges 320.  The management can fill 50 per cent of the
seats by accepting donations of up ot Rs 5 lakhs for a seat in the MBBS.
	Among the educational societies permitted to start the colleges
are those floated by the Chief Minister's family, by ministers and
Cong(I) leaders.
	The logic behind the move is that students from the State are
going to Karnataka, where there are several private medical colleges,
for professional studenits by paying huge amounts as donations and this
money should be tapped to build hospitals and other infrasturucture in
A.P.
	But a number of student organizations have formed a joint action
committe to oppose the move.
	The Supreme Court ruling on capitation fee has, however, put a
damper on the Government's efforts to promote private medical and
engineering colleges.  The promoters are in a dilemna. But the students
are jubilant.

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