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1984 Supreme(Kar) 202

M.RAMA JOIS
BAPUJI EDUCATIONAL ASSOCN. – Appellant
Versus
STATE – Respondent


Advocates:
H.T.PARTHASARATHY, K.K.VENUGOPAL, K.S.Desai, M.PAPANNA, M.R.ACHARYA, N.A.MANDAGI, R.N.NARASIMHA MURTHY, S.G.SUNDARA SWAMY, S.VIJAYASHANKAR

M. RAMA JOIS, J.

( 1 ) IN this batch of Writ Petitions, in which the petitioners, who are the managements as also individuals, who are members of the management of various private engineering colleges in the State, have questioned the constitutional validity of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 ('the Act' for short) and orders issued thereunder, the following main question arises for consideration : where the fundamental rights guaranteed to the citizens under Arts. 19 (1) (c), 19 (1) (g) and 21 of the Constitution includes the right to establish and administer the Educational Institutions of their choice? and if so, whether the Act which prohibits the collection of Capitation Fee for admission to Education Institutions except to the extent permitted by an order made under the proviso to S. 3 of the Act is violative of all or any of those Articles and Arts. 14, 31a and 300 A of the Constitution? 1. Facts of the Case :

( 2 ) ORIGINALLY the Writ Petitions were presented questioning the constitutional validity of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Ordinance, 1984 promulgated by the Governor on 9-7-1984 an
















































































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