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Collection of Capitation Fee Prohibited
Introduction:
This case was between MISS MOHINI JAIN Vs. RESPONDENT: STATE OF KARNATAKA AND ORS.
Facts of the Case:
The tuition fee for the candidates in Karnataka along with the other fees and deposits were charged from the students by the private medical college of the state. The fees which were charged per year against the government seats from the candidates were ? 2000. This was the amount of fees charged in other states . But the situation of the fees charged was different in the Karnataka as compared to other states. The fees which were charged in Karnataka against the admission of the students of government seats were Rs 25000 and this was the case of the students who belonged to Karnataka. This Fee structure led to drastic change when the fees charged for the students of Karnataka who wanted to be study in Karnataka were no exceeding ? 60000/- p.a.
Mohini Jain in the year of 1991 wants to get admitted to the MBBS Course. The father of the petitioner in formed the respondent that he won't be able to pay such amount of fee. Thereafter the admission was denied.
Thereafter under Article 32 of the constitution of India the petitioner challenged the notification which was issued by the respondent. The notification was dated on 5.6.1989. This notification was regarding permitting the private medical colleges to charge maximum amount f tuition fees other than those students who are admitted to "government Seats”.
There was a certain amount of contentions that the students who were admitted to government seats were based on merits and those who were not possessed merit such college management has the right to charge more fee from those did not posses merit . The purpose behind this was to collect money to meet the expenses incurred by the college in providing medical education to the students.
Under Part III of the Constitution the right to education is the Fundamental Right. It is mandatory for the state to provide educational institutions at all levels for the benefit of the citizens. The institution that provide educational facility must function their best advantage towards citizens. To acquire education there are various oppourtunities which should not be confined to richer portion of the society
The capitation fee brings a clear bias. Due to financial inability the poor has to withdraw their admission. A poor or a middle class student sought with better merit cannot get admission because he has no money whereas the rich can purchase the admission and this can be considered as unreasonable and unjust. Charging of capitation fee with regards to the admissions to educational institutions infracts Article 14 of the Constitution. There is no escape to this situation.
Under Article 32 of the Constitution of India this petition was filed by Miss Mohini Jain. She has challenged the notification of the Karnataka Government permitting the Private Medical Colleges in the State of Karnataka, so as to charge exorbitant tuition fees from the students other than those admitted to the seats led by government .
The Directive Principles in Part IV of the Constitution are also with the same objective. It is inviolable towards dignity of man. The state is bound by its duty to respect and protect the same. The education which bring the dignity of a man. More than seventy per cent of the people were illiterate. Such persons are the Farmers. In a period of ten years illiteracy would be wiped out from the country.
Supreme Court Observation and Judgment :
The Supreme Court stated that "Capitation fee" means any amount, by whatever name called, paid or collected directly or indirectly in excess of the fee prescribed under Section 5, this will not include the deposit specified under the proviso to section 3.
The number of seats in such educational institution or class or classes of such institutions as the state Government may, from time to time, specify for being filled up.. These seats may be by general or special order on the basis of merit and reservation for Scheduled Castes, Scheduled Tribes, Backward Classes etc. Such seats will not require the payment of capitation fee or cash deposit.
Collection of capitation fee will be prohibited. There will be no collection of capitation fee by or on behalf of any educational institution. Scheduled Bank will be responsible for all the monies received by any educational institution by way of fee or capitation fee or deposits and shall be applied and expended for the improvement of the institution and the development of the educational facilities.
The Court made it clear in the judgment that it will not be applicable to non residents of India. Even private medical colleges won't get any advantage of this Judgement.
The petitioner in his case will also not get any relief because she was not admitted under merit course.
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