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Friday, April 17, 2009
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Nature of the Case

Petition to challenge the constitutionality of a "capitation fee" imposed by private medical colleges, charging higher tuition to students that are not admitted to "government seats"; Whether the Indian Constitution guarantees a right to education; Whether such fees violate Art. 14 of the Constitution; Whether there was a violation of the provisions of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act; Relationship between the right to life and the right to education; Relationship between the dignity of man and the right to education; Equality Rights; Directive Principles; State Action/Agency.

Enforcement of the Decision and Outcomes

The Court granted the petition and struck down the payment of capitation fee as a condition for entry into any educational institution, prospectively, while denying admission to the Petitioner. In Unni Krishnan v State of Andhra Pradesh (1993), the Supreme Court confirmed this decision that the right to education indeed flowed directly from the right to life, which poses an obligation on the State to provide basic education to all citizens during their childhood.  However, it expressed its disagreement that this right is guaranteed at all levels, and rather only required basic education for children under 14 years old.  In the subsequent case of M.C. Mehta v State of Tamil Nadu & Ors (1996), the Supreme Court stated that Article 45 had acquired the status of a fundamental right following the Constitutional Bench's decision in Unni Krishnan.  

Significance of the Case

The more notable part of the judgment was its insistence that the right to education be read as an integral part of the right to life guaranteed under Article 21, Part III. The decision of the Court that the fulfillment of the right to life requires a life of dignity, and therefore must be interpreted to include economic and social rights, has been extended by the Indian Courts to ensure rights to food, water, and health.

Groups Involved in the Case

For the Petitioner: Vijay Pandit, R. Sathish, Advocates For the Respondents: Santosh Hegde, Senior Advocate, R. Jagannatha Gouley. M.K. Dua, K.H. Nobin Singh, Manoj Sarup, C.S. Vaidyanathan, K.V. Mohan, Anita Lalit, and M. Veerappa, Advocates

Ruling