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2011 Supreme(Kar) 23
2011 (2) KCCR 1320
High Court of Karnataka
THE HONOURABLE MR. JUSTICE H.N. NAGAMOHAN DAS
Air Force School Parent’s Welfare Association, Rep By its Secretary Bengalaru
Versus
The State of Karnataka by its Secretary & Others
W.P. No.34192 of 2009 (EDN) C/W W.P.No.24654 of 2005 (GM-Res) & W.P.No.15296 of 2009 (EDN)
Decided on : 10-01-2011
For the Petitioner:Kiran C.V., M/s Rex Lex Inc, L. Govindaraj, Ramesh Chandra, Advocates.
For the Respondents:R1 -Ashok Haranahalli, Adv. General A/W Keshava Reddy, GA & K.S. Malli Karjunaiah, GP, R2 - M.R. Shylendra, R3 & R4 - H. Jayakara Shetty, Advocates.
Headnote:EDUCATION - Hike in School fee: [H.N. Nagamohan Das,J] Circulars, Letters of intimation etc., issued by the Respondents schools - Challenge to - Held, Under the impugned circulars, letters of intimations etc., the Respondent schools have hiked the school fee. The Respondents contend that the hike in school fee is commensurate with the expenditure they have incurred. On the other hand the petitioners contend that the hike in school fee is exorbitant, arbitrary and profit making. The hike in the school fee under the impugned circulars and letters of intimation are not based on any Central Act or Karnataka Education Act. The Respondent schools have not placed before the Court any methodology or scheme adopted by them for increasing the fee. The hike in fee is not examined and certified by any Statutory Committee or Board or Body to the effect that the hike in fee is commensurate with the expenditure. Further held, A school may incur expenses more than what is needed and essential and still contend that the hike in fee is commensurate with expenditure. At present there is no efficacious forum to resolve the disputes relating to hike in fee. The resolution of disputes is an essential element of social peace and harmony. The Karnataka Educational Institutions (Regulation of Certain Fees and Donations) Rules, 1999 specifies the manner in which a private unaided primary, secondary and pre-university Institution of fix the school fee. Further the Karnataka Educational Institutions (Classification, Regulation etc)., Rules, 1995 provides for an aggrieved parent to question the fixation of fee before District Level Education Authority. Admittedly the impugned hike in fee is not in accordance with these Rules. Therefore the impugned circulars and letters of communication increasing the school fee are liable to be quashed.
KARNATAKA EDUCATION ACT, 1983 - Section 1(iii-a) [As amended by Amendment Act No. 8 of 1998]: [H.N. Nagamohan Das, J] - Exclusion of Schools affiliated to ICSE and CBSE syllabus from the purview of Education Act - Whether Act No. 8 of 1998 is violative of Article 14 of the Constitution of India ? Held, By the amendment to Section 1 the schools affiliated to ICSE & CBSE syllabus are excluded from the purview of Educations Act. The private unaided Educational Institutions affiliated to the State syllabus are governed by the provisions of Education Act. But the private unaided schools affiliated to ICSE or CBSE syllabus are excluded from the application of the provisions of Education Act. ICSE is an autonomous self-financing body and CBSE is a registered society. Both ICSE and CBSE are not established or constituted by any Act. Both these schools are private unaided schools and they are deriving various concessions and exemptions from the State Government. Merely because the Respondent schools are affiliated to the ICSE or CBSE syllabus they are excluded from the application of provisions of Education Act in Amendment Act of 1988. This differentia between private unaided Educational Institution affiliated to the State syllabus and Respondent/schools affiliated to ICSE or CBSE syllabus has no rational nexus. On the basis of affiliation to a particular syllabus the said school do not become different class form others. Therefore the impugned amendment is violative of Article 14 of the Constitution. Further, Under the impugned Act 8 of 1998 the schools affiliated to ICSE or CBSE syllabus are excluded from the purview of Education Act. By this exclusion of State Government cannot regulate the admission of student, fee structure, service condition of the employee etc., in the schools affiliated to ICSE or CBSE syllabus. There is no Central Act or nay other statutory body to regulate these schools. Thus, these schools are autonomous Institutions. But these Institutions are enjoying various concessions and exemptions from the State Government. Thus, the impugned amendment Act 8 of 1998 is contrary to the objects sought to be achieved under the Education Act. Therefore, the impugned amendment Act 8 of 1998 is contrary to the objects sought to be achieved under the Education Act. Therefore, the impugned insertion of Section 1(iii-a) in the Education Act is violative of Article 14 of the Constitution of India.
1. In all these writ petitions the respondent – schools are situated in different parts of Karnataka and they are affiliated to Indian Council for Secondary Education (ICSE) or Central Board of Secondary Education (CBSE) syllabus. The Petitioners in W.P. No. 34192/2009 and W.P. No. 15296/2009 are the parents and parent’s associations of the students studying in the respondent schools. The parents and parent’s associations are before this Court questioning the hike in school fee made by respondent schools under the impugned circulars, letters of intimation etc., as arbitrary, unilateral, unjust and illegal.
2. The petitioner in W.P. No. 24654/2008 is an employee of respondent No. 3 school controlled and managed by respondent No. 2. The petitioner in his petition contends that office of Principal of the respondent school became vacant on account of retirement of the then principal on 31.05.2005. In anticipation of the vacancy of Principal post respondent No. 2 invited applications from eligible candidates to fill the vacancy vide their notification dated 09.02.2005 as per Annexure E. The petitioner submitted her application as per Annexure F for the post of Principal. Overlooking the claim of petitioner, the respondent No. 2 appointed respondent No. 4 as the Principal. Aggrieved by the appointment of respondent No. 4 as the Principal, the petitioner filed a petition before respondent No. 1 – Government of Karnataka under Sections 131 and 133 of the Karnataka Education Act (for short ‘Education Act’). Respondent No. 2 entered appearance before the Government and filed objections inter alia contending that the provisions of the Education Act are not applicable to the educational institutions affiliated to ICSE and CBSE syllabus schools including respondent No. 3 herein which is affiliated to CBSE syllabus. At that time the petitioner filed this writ petition questioning the constitutional validity of Karnataka Act 8 of 1998 amending the Education Act excluding the schools affiliated to ICSE and CBSE syllabus from the purview of Education Act. During the pendency of the writ petition, respondent No. 1 – Government dismissed the petition filed by the petitioner under Section 131 and 133 of the Education Act as not maintainable on the ground that the provisions of the Education Act are not applicable to respondent Nos. 2 and 3 schools.
3. Heard arguments on both the side and perused the entire writ papers. On the basis of pleadings and arguments the following points will arise from my consideration.
i. Whether Section 1 (iii-a) of the Karnataka Education Act as amended by Karnataka Act 8 of 1998 is discriminatory and violative of Article 14 of the Constitution of India?
ii. Whether the impugned circulars, letters of intimation etc., issued by the respondent schools hiking the school fee are liable to be quashed as arbitrary, unilateral, illegal, unjust and unreasonable?
4. In order to decide these two points it is necessary to know what is the importance of education and the history of education in India. The purpose of education
5. It has been said that the process of evolution from ignorance to knowledge, from knowledge to wisdom and from wisdom to understanding of consciousness takes place through education. It is the education that helps to develop the capacity, talent in human nature and to co-ordinate their expression for the enrichment and progress of society. It is the education which teaches purity of mind, righteousness of conduct and truthfulness of soul and power to assert right. Education has its functionalism in all most all spheres of life. It is a continuous and creative process. Today education is a social as well as political necessity. Further the education has become a basic need for every human being in the present scientific world. The Education Commission popularly called as ‘KOTHARI COMMISSION 1964-66’ in its repot said, “Education as Instrument of Change. If this change on a grand scale is to
