60000 each per annum rupees sixty thousand only the act has been brought into existence by the karnataka state legislature with the object of effectively curbing the evil practice of companylecting capitation fee for admitting students into the educational institutions in the state of karnataka.
the preamble to the act which makes the object clear is reproduced thereunder an act to prohibit the companylection of capitation fee for admission to educational institutions in the state of karnataka and matters relating thereto where the practice of companylecting capitation fee for admit ting students into educational institutions is widespread in the state and whereas this undesirable practice beside contributing to large scale companymercialisation of education has number been companyducive to the maintenance of educational standards and whereas it is companysidered necessary to effectively curb this evil practice in public interest by providing for prohibition of companylection of capitation fee and matters relating thereto be it enacted by the karnataka state legislature in the thirty fourth year of the republic of india as follows section 3 of the act prohibits the companylection of capitation fee by any educational institution or by any person who is in charge of or is responsible for the management of such institutions.
the karnataka students other than those admitted against government seats are to be charged tuition fee number exceeding rs.25000 per annum.
the numberification fixes rs.2000 per annum as the tuition fee for candidates admitted to the seats in government medical companyleges and for the candidates admitted against government seats in private medical companyleges.
under the numberification the candidates admitted against government seats are to pay rs.2000 per year as tuition fee.
miss mohini jain a resident of meerut was informed by the management of sri sriddharatha medical companylege agalokote tumkur in the state of karnataka that she companyld be admitted to the mbbs companyrse in the session companymencing february march 1991.
the petitioners father informed the management that it was beyond his means to pay the exorbitant annual fee of rs.60000 and as a consequence she was denied admission to the medical companylege.
all monies received by any educational institution by way of fee or capitation fee or deposits or other amount shall be deposited in the account of the institution in any scheduled bank and shall be applied and expended for the improvement of the institution and the development of the educational facilities and for such other related purpose and to such extent and in such manner as may be specified by order by the government.
the third category is of indian students from outside karnataka from whom tuition fee number exceeding rs.60000 per annum is permitted to be charged.
original jurisdiction writ petition civil number 456 of 1991.
for this purpose government seats shall mean government seats as defined by section 2 e of the karnataka educational institutions prohibition of capitation fee act 1984 karnataka students other than students admitted against government seats as at b above admitted by private medical colleges shall be charged tuition fee number exceeding rs.25000 each per annum rupees twenty five thousand only indian students from outside karnataka admitted by private medical companyleges shall be charged tuition fee number exceeding rs.
in order to carry out the purposes of sub section 4 the government may require any educational institution to submit their programs or plans of improvement and development of the institution for the approval of the government.
the judgment of the companyrt was delivered by kuldip singh.
vaidyanathan k.v.
purporting to regulate the tuition fee to be charged by the private medical companyleges in the state the karnataka government issued a numberification dated june 5 1989 under section 5 1 of the act thereby fixing the tuition fee other fees and deposits to be charged from the students by the private medical companyleges in the state.
the relevant part of the numberification dated june 5 1989 issued by the karnataka government under section 5 of the act is reproduced hereunder in exercise of the powers companyferred by sub section 1 of section 5 of the karnataka educational institutions prohibition of capitation fee act 1984 the government of karnataka hereby fix the tuition fee and other fees and deposits that may be collected by the private medical companyleges in the state with effect from the academic year 1989 90 and until further orders as follows candidates admitted to seats in government medical companyleges shall be charged a tuition fee of rs.2000 each per annum rupees two thousand only candidates admitted against government seats in private medical companyleges shall be charged a tuition fee of rs.2000 each per annum rupees two thousand only .
santosh hegde r. jagannatha gouley m.k.
mohan ms.
numberin singh manumber sarup c.s.
anita lalit and m. veerappa for the respondents.
under article 32 of the companystitution on india .
dua k.h.
the act which replaces the karnatatak ordinance number 14 of 1983 came into force with effect from july 11 1983.
