LexUNNI KRISHNAN, J.P. AND ORS. ETC. IRRC versus STATE OF ANDHRA PRADESH AND ORS. ETC. ETC.
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A UNNI KRISHNAN, J.P. AND ORS. Etc. irrc v. ~ STATE OF ANDHRA PRADESH AND ORS. ETC. ETC. " FEBRUARY 4, 1993 B (L.M. SHARMA, CJ., S. RATNAVEL PANDIAN, S. MOHAN, B.P. JEEVAN REDDY AND S.P. BHARUCHA, JJ.) Constitution of India, 1950: 4_- c Articles 21, 41, 45 and 46--Right to education--Whether a fundamental right-Held: Every child/citizen has a right to free education up to the age oj 14 years and thereafter it is subject to limits of economic capacity and development -of the State-State obliged to follow directions contained in Article 45-,4.rticle 21 to be construed in the light of Articles 41, 45 and 46. D Article 21-Right to Education-Whether implicit under tlie Ar- ticle-Whether flows from right to life and personal liberty-Extent' and con- tent of the right. Parts JU and IV-Fundamental Rights and Directive Principia-- Whether complementary to each other-Whether a right could be f'eCognised E as a fundamental right even though not expressly mentioned. ---( - Articles 14, 15, 21, 41, 45 and 46--l'rivate unaided recognised affiliated educational insti"'tions running professional courses -lilui engineering and medic_al courses-Whether entitled to charge a fee higher than that charged by IF Government instituti~eld: Entitled to charge a higher fee but such a fee cannot exceed the ceiling fixed in this reganJ--However, commerrialisation of education riot pennissibl~apitation fee-Meaning of. ,...-- -- Whether private aided recogniSed/affiliated educational institutions governed by rules and regulations framed by GovP.mment in matters of G admission of students and fee chargeable as also recruitment and conditions of service etc., vf teachers and staff. Whether private recognised/affiliated institutions obliged to act fairly ~ consistent with Articles 14 and 15 and in accordance with conditions of grant of recognition affiliation-Held: as conditions of grant of oi.d, they were H governed by such rules and regulations-Private institutions receiving aid ·- 594 UNNI KRISHNAN v. STATE OF A.P. 595 obliged to act fairly in consonance with fundamental rights as well as regula- A lions framed by Govemme-State, while granting recognition/affiliation obliged to impose conditions for maintaining standards and ensunilg fairness, inter alia, in respect of fees chargeable and admission. Admission and chatging of capitation fees in private unaided/Oided recognised/affiliated educational institution conducting professional courses B sucli as medical and engineering courses--Scheme framed by Coun eliminat- ing discretion of management in admissions in and fees payable in such institutions and substituting merit of the students as the "Sole criterion. Atticle 12-l'rivate institution supplementing State function viz., impal1- C ing education--Whether an instnJmentality of State-Wheilier public duty pelformed by i4 viz., impatting of education, would make it amenable to PaTt Ill, such as Ame/es 14 and 15. Attic/es 19(1)(g) and (6)-Rjght to establish and run educational in- stitutions-Whether a fundamentOl right-lmpaTting education-Whether a D commercial activily->'lctivity of establishing an education institution-- Whether a professiort-Words . 'Profession', 'Occupation', 'Trade' and 'Business'-Meaning of. Attic/es 12, 14, 15, 19(1)(g), 21, 30, 41, 45 and 46--Whether private educational institutions have a fundamental right to recognition/affilia- E tiort-Whether such a right can be inferred by reading into Attic/e 19( 1) (g) a right in the nature of Attic/e 30. Anicles 29 and 3<>-Rights conferred on minorities in a positive way-Whether negate the assumption of such rights by other citizens. A.P. Educational Institutions (Regulation of Admission and Prohibi- tion of Capitation Fee) Ac4 1983: F Section 3-A-Power to grant admission to students who qualified in entrance/qualifying examination irrespective of their ranking in the examina- G lion and to charge any amount in addition to tuition fee-iVhether violall"ve of Atticle 14 of the Constitution. Kamataka Educational Institutions (Prohibition of Capitation Fee) Ac4 .1984/Maharrµhtra Educatlbnal Institutions (Prohibition of Capitation Fee) Ac4 1987/Tamil Nadu Educational Institutions (Prohibition of Callee- H 596 SUPREME COURT REPORTS [1993] 1 S.C.R. A lion of Capitation Fee) Ac4 1992: Constitutional validity of-Held: Constitu- tional as they do not contain provisions offend;ng Article 14 of the Constitu- tion. B In t
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