Govt can’t dictate fee for unaided educational institutes: Karnataka HC

BENGALURU: In a setback to the state government, the Karnataka High Court on Thursday declared as unconstitutional the provisions of the Karnataka Education Act that gives powers to the government to prescribe the manner in which fees are to be levied by private unaided educational institutions. The court also decided to impose penalties up to Rs 10 lakh in case of collection of excess fee than prescribed and to issue direction for a refund of the excess amount.

“Section 2(11) (a) read with Section 48 and Section 124(A) of the Karnataka Education Act are contrary to Article 14 of the Constitution of India and held to be unconstitutional as far as private unaided educational institutions are concerned. Section 5(a) and 112 (a) of Karnataka Education Act is contrary to Articles 14 and 19(a)(g) of the constitution and the law declared by the Supreme Court,” said Justice ES Indiresh while pronouncing the order on a batch of petitions. 

Erring schools to be penalised

If any educational institution is found guilty of violating Section 48 by collecting an excess amount than the prescribed and proved in an inquiry conducted by the District Education Regulatory Authority headed by the Deputy Commissioner, powers under Section 124A are provided to impose a penalty which may extend to Rs 10 lakh and also direct for a refund of amount collected by the institution in excess of the amount. Section 5(a) concerning child safety norms at schools and section 112(a) is the penal clause, wherein the management can be prosecuted, imprisoned up to six months besides attracting derecognition or disaffiliation.