Supreme Court on Right to Education
نویسنده
چکیده
THE Supreme Court has recently declared that right to education was a fundamental right and that the charging of capitation fee was arbitrary, unfair and therefore violative of the fundamental right to equality contained in article 14 of the Constitution. Since the decision of the Supreme Court is the law of the land, the above decision has created a storm in the educational world. The immediate reactions have been hostile to the decision. Usual comments such as that the court has gone too far or that the decision is impractical have already come in. While we share the court's agony over the immoral practice of capitation fee in the new medical and engineering colleges, some wider propositions enunciated therein need careful examination. The purpose of this article is to examine the three leading propositions, namely (1) that every person has the right to education as part of his right to live with dignity included in article 21 of the Constitution; (2) that the practice of capitation fee is violative of the guarantee of equality enshrined in article 14 of the Constitution; and (3) that the state is under a constitutional mandate to provide educational institutions at all levels for the benefit of its citizens.
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