The High Court of Karnataka on Thursday asked the State government to submit the report given by a committee on school fee structure while hearing a 21-year-old petition, in which some of the provisions of the Karnataka Education Act, 1983, including the authority of the State to fix fees for unaided schools, were challenged.
A Division Bench comprising Justice Jayant M. Patel and Justice S.N. Satyanarayana issued the direction while adjourning further hearing till August 23.
This litigation, filed by the Associated Managements of (Government Recognised English Medium) Primary and Secondary School in Karnataka, began its journey in the High Court in June 1995 after the Karnataka Education Act came into force with effect from January 20, 1995.
The High Court, on October 11, 1996, upheld the constitutional validity of some of the provisions of the Act, including State’s power to regulate education by prescribing curricula, tuition and other fees, staff pattern, facilities, etc.
This verdict led the petitioner to knock the doors of the Supreme Court, where the petition remained pending for adjudication for nearly 14 years. Finally, the Supreme Court, on February 11, 2010, set aside the High Court’s order without going on the merits of the case and remanded the petition back to the High Court.
The apex court had asked the High Court to re-examine all the issues afresh based on the law laid down in the 2002 verdict of the Supreme Court in TMA Pai and others vs State of Karnataka, which dealt with the rights of unaided educational institutions.
Later, several petitions, filed by various educational institutions and parents of children, mainly related to rules framed by the State for fixing fees in private schools, and exception granted to schools affiliated to Central boards from adhering to fee rules of Karnataka, were tagged on to this petition for collective hearing on all these issues.
