In a major blow to the state government, the Karnataka High Court on Thursday, January 5, declared as unconstitutional Section 48 of the Karnataka Education Act, 1983, which allows private unaided schools to charge fees by any name other than such rate. Prohibits charging of fees from and in the manner prescribed by the State Government.
section on security
Also, the Court declared Section 5A of the Act as unconstitutional, which mandates even private unaided schools and its employees to take such steps as may be prescribed by the government for the safety and security of children, including protection from sexual offences.
Justice ES Indiresh passed the order while admitting petitions filed by Associated Management of Primary and Secondary Schools in Karnataka, Management of Independent CBSE School Association Karnataka, International School Association and Karnataka Private Schools Committee, and several private unaided schools. schools.
Similarly, the High Court has declared Section 2(11A) of the Act as unconstitutional, which empowers the District Education Regulatory Authority (DERA), headed by the Deputy Commissioner of each district, to regulate even unaided schools, and Section 124A, which authorizes the Dera to implement Fine up to ₹ 10 lakh on unaided schools also for violation of section 48.
The Court said that these provisions of the Act violate 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.] As per the law laid down by the Supreme Court on the rights of unaided educational institutions, the Constitution of India so far as regards their applicability to unaided schools.
provision of punishment
Section 112A, which prescribes a minimum sentence of six months and a fine of up to ₹1 lakh on 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, which bar all schools from charging session fee from pre-primary and lower primary students and restrict the amount to be collected as ‘Special Development Fee’ are not applicable to them. Unaided School.