Mohini Jain s case,supreme court of india landmark judgement, Summaries of Integrated Case Studies

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MISS MOHINI

JAIN VS STATE

OF KARNATAKA

AND ORS.

Alvin Sam 1811

2 AGENDA Facts of the Case Issues Raised Reasoning Decision Societal Impact MISS MOHINI JAIN VS STATE OF KARNATAKA

ISSUES RAISED

Issues Raised  (^) Is there a 'Right to Education' guaranteed to the people of India under the Constitution? If so, does the concept of 'capitation fee' infracts the same?  (^) Whether the charging of capitation fees in consideration of admissions to educational institutions is arbitrary, unfair, unjust, and as such violates the equality clause contained in Article 14 of the Constitution?  (^) Whether the impugned notification permits the Private Medical Colleges to charge capitation fees in the guise of regulating fees under the Act?  (^) Whether the notification is violative of the provisions of the Act which in specific terms prohibit the charging of capitation fees by any educational institution in the State of Karnataka?

Decision

Regulation of Fees was the main change

Charging of a 'capitation fee' by the private educational institutions violated the right to education

The court struck down the Government Circular

Since it was a prospective decision, there was no remedy for the petitioner.

SOCIETAL IMPACT The decision appeared while liberalization was a government policy looking for Indian soil to sprout, and the commercialization of education was not as rampant as it is now. The most notable part of the judgment was its insistence for the right to education to be read as an integral part of the right to life guaranteed under Article 21, Part III. 8 PRESENTATION TITLE