Mohini Jain v. State of Karnataka, a 1992 Supreme Court of India case, occurred when the Government of Karnataka issued a notification that permitted the private medical colleges in the State of Karnataka to charge exorbitant tuition fees from the students admitted other than the "Government seat quota". Miss Mohini Jain, a medical aspirant student filed a petition in Supreme Court challenging this notification. The apex Court raised an important question that "whether right to education is guaranteed to the Indian citizen under the Constitution of India?"
The Supreme Court of India observed that mention of "life and personal liberty" in Article 21 of the Constitution automatically implies some other rights, those are necessary for the full development of the personality, though they are not enumerated in Part III of the Constitution. Education is one such factor responsible for overall development of an individual and therefore, right to education is integrated in Article 21 of the Constitution.
A brief on the Case
Mohini jain a resident of Meerut (in the State of UP), applied for admission to the MBBS course in the session commencing February/March, 1991, to a private medical college located in the State of Karnataka. The college management asked her to deposit a sum of Rs. 60,000/- as the tuition fee for the first year and also to show a bank guarantee of the amount equal to the fee for the remaining years. When Miss Jain's father intimated the management that the asked amount was beyond his reach, the management denied Ms. Jain's admission to the medical college. Miss Jain informed the court that the management demanded an additional amount of Rs. four and a half lakhs, however, the management denied the allegation (?).
As per the notification, the denial of admission of Miss Jain due to her failure to submit the yearly tuition fee of Rs. 60,000/- was a valid step taken by the college management. In this situation, Miss Jain filed a petition (Writ petition (Civil) No. 456 of 1991) under Article 32 (1) ("The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part (Part III: Fundamental Rights) is guaranteed") of the Constitution of India challenging the notification issued by the Government of Karnataka.
A two-member bench consisting Justice Kuldip Singh and Justice R. M. Sahai gave the judgment of the case on 30 July 1992 (1992 AIR 1858). For the first time in the post independent India, right to education of the Indian citizens and the State obligation to secure the right came under scrutiny at the premises of the apex court. It is important to note that this was the time when neo-liberal economic policy were knocking at the door of India.
The notification
It is relevant to know in this context that what was the notification issued by the Government of Karnataka. The Government of Karnataka issued a notification dated 5 June 1989 under section 5(1) of the Karnataka Educational Institutions (Prohibition of capitation fee) Act, 1984, which fixed the tuition and other fees to be charged from the students by the private medical colleges in the state. As per the notification, the tuition fee for the candidates admitted against:
1. "Government seat" was Rs. 2,000 per year,
2. For the students from Karnataka but not falling under "Government seat" was not to be exceeding Rs. 25,000/- per year, and
3. For the Indian students not residing in Karnataka was not to be exceeding Rs. 60,000/- per year.
Responses from the respondents
First respondent was the State of Karnataka. The second (the intervener) and the third respondent were the Karnataka Private Medical Colleges Association and the private medical college respectively. According to the third respondent, the private medical college, those students who were admitted under "Government seat quota" were meritorious and those who were admitted under the "Management quota" (other than "Government seat") were not meritorious; the classification was valid and hence, in such situation, the college-management had the right to charge more fee from non-meritorious students to meet the expenses in order to provide medical education to the students.