Case Commentary

Mohini Jain Vs State of Karnataka

Introduction
The petitioner filed this petition to challenge the constitutionality of a “Capitation fee”
imposed by private medical colleges, charging higher education tuition fees to the
students who are not enrolled. The basic question of law raised in the petition was
whether such fees violate the Article 14 of the Indian Constitution which specifies right
to equality ,whether there was a violation of the provisions of the Karnataka
Educational Institution (Prohibition of Capitation fees ) Act.
This case had a great significance as it addressed the issue of access to education as a
fundamental right and highlighted the problems faced by weaker sections of the society
in accessing higher education.
What is a Capitation fees referred to above? So a capitation fee is a fee based on the
number of people to whom service is provided, rather than actual cost of providing
service. Therefore, this was an amount charged over and above the actual tuition fees.

Background
In the early 90’s India saw a rapid rise in the number of private educational institution.In
1983, the government of Karnataka also passed a law that allowed private educational
institutions to charge capitation fees for admission to professional courses. The fees
charged by these institutions for admission in professional courses like engineering,
medical etc. was very high and exorbitant. They were not only unreasonable but also
beyond reach of the weaker economic section of the society.
The fees depended on the demand of the subject. More the demand, more the fees.

The private medical institution charged Rs 2000 for students admitted to “ government
seats” , and charged Rs 25,000 for those who were not admitted to “government seats”
from within the states and Rs 60,000 for students not admitted to “government seats”
from a different state.

Facts of the case

● The Legislation of karnataka passed a law to eliminate the practice of collection

of capitation fees by the private educational institution from students at the time
of admission.
 ● Moreover, the legislation of Karnataka passed a notification under section 5(1) of
the Karnataka Educational Institutions ( prohibition of capitation fees) Act. This
was done to regulate the tuition fees charged by the Private educational
Institution in the state.

● The notification stated that students applying through “government seats” were to
be charged Rs 2000 and the students who applied without the “government seats
“; If they were from Karnataka they were to be charged Rs 25,000 and if they
were from states outside Karnataka they were to be charged Rs 60,000.

● The petitioner, who was a resident of Meerut, was informed by a post that she
was eligible for enrollment in the MBBS Program at Sri Siddhartha Medical
College.

● The petitioner claimed that she was asked to pay an amount of Rs 60,000 as
she was not a “government seat” holder and was from outside the state of
karnataka. The petitioner refuses to pay such an unreasonable amount.

● The petitioner also claimed that the medical college also asked her to pay an
additional amount of Rs 4.5 lakhs as capitation fees, which was denied by the
respondent.

● Hence, the petitioner filed a petition under Article 32 of the Indian Constitution
challenging the notification of the Karnataka legislation that allowed the demand
of such outrageous fees. The petitioner contended that the notification violated
Article 12,14 21 and 41 of the Indian constitution, as it denied the right to
education.

Contention by the respondent

● The respondent argued that a merit based admission was necessary for
admission in professional courses such as medical and dental ,to ensure high
quality of education.

● The respondent also argued that the reservation of seats would lead to
compromise in quality of education and standard of medical profession.

● The respondent contended the reservation for the seat of woman as it would be
discriminatory to all male candidates. They also argued that reservation of seats
 for women would be contrary to the provisions of the Indian Medical Council Act,
which did not provide any reservation of seats for women.

Judgement
The Supreme Court held that the fundamental right still does not constitute the right to
education, but through the preamble of the constitution and the directive principle of the
state it had been made clear to provide education to every citizen. The Apex court also
highlighted the article 14 of the Directive principle of state that requires the state to
provide education to all of its citizens within its economic capacity. The court was of the
opinion that education is the only way to lead a dignified life in India and making such
education a fundamental right of life is the duty of the state.
The court also held that education should be made accessible to all citizens
irrespective of their caste, gender, religion or monetary conditions. It was of the opinion
that the capitation fees charged by the Private educational institution has violated the
right to equality as held under article 14 of The Indian Constitution. The capitation fees
charged by the Private educational institution was for the purpose of making money
and not for enhancing the quality of education provided by such institutions. Such
institutions also discriminated against the economically weaker section of the society by
denying them equal access to education.
The court directed the government to regulate such fees charged by the private
educational institution. It also ensured that no capitation fees were further charged. The
court also held that it is the duty of the government to ensure education to all and it
must do so without getting monopolized by the rich and powerful.

Conclusion
The case of Mohini Jain & State of Karnataka was a landmark case and impacted the
education sector of the society. The verdict of this case set an important precedent that
paved the way for the government to regulate fees charged by private educational
institutions and to ensure education is accessible to all.

References
1. Legalserviceindia
2. ESCR-Net
3. Indian Kanoon