Law empowering govt. to prescribe fee even for unaided schools is unconstitutional: Karnataka HC

Court found several provisions of the Karnataka Education Act, 1983 and rules framed under this law as contrary to Constitution in so far as their applicability to uniaded schools

In a major setback to the State government, the High Court of Karnataka on Thursday, January 5, declared as unconstitutional Section 48 of the Karnataka Education Act, 1983, which prohibits even private unaided schools from collecting fee in any name other than in such rate and manner prescribed by the State government.

Also, the Court declared as unconstitutional the Section 5A of the Act, which mandates even the private unaided schools and its employees to take such steps as prescribed by the government to protect safety and security of children, including protection from sexual offences.

Justice E.S. Indiresh passed the order while allowing the petitions filed by the Associated Managements of Primary and Secondary Schools in Karnataka, the managements of Independent CBSE Schools’ Association Karnataka, Association of International Schools, and the Karnataka Private Schools’ Committee, and several private unaided schools.

Similarly, the High Court has declared as unconstitutional Section 2(11A) of the Act, which empowers District Education Regulatory Authority (DERA) headed by Deputy Commissioner of each district to regulate even unaided schools, and Section 124A, which authorises the DERA to impose penalty upto ₹10 lakh even on unaided schools for violating Section 48.

The Court said that these provisions of the Act are violative of Section 14 [right to euality before the law] and Section 19(1)(g) [right to practise any profession, or to carry on any occupation, trade or business.] of the Constitution of India in so far their applicability to the unaided schools are concerned, as per the law laid down by the apex court on the rights of unaided educational institutions.

The Section 112A, which prescribes punishment of minimum six months and fine up to ₹1 lakh to any employee or member of the management of an educational institution for violating Section 5A has also been found to be violative of the Constitution by the Court.

The Court also declared that the rules, made in 1995 and 1999 restraining all schools from collecting term fees from pre-primary and lower primary students and restricting the amount to be collected in the form of ‘special development fee’, are not applicable to the unaided schools.