Quiz20

Quiz20

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Mohini Jain Case (1992)

Name of the Case : Mohini Jain vs. State of Karnataka
Year of Judgement : 1992
Popular Name : Capitation Fee case
Related Topic/ Issue : Right to education
Related Article/ Schedule : 21 & 41

Supreme Court Judgement:

  • Ruled that the right to education is a fundamental right under Article 21, extending to all levels including professional education like engineering and medicine.
  • Stated that the right to life and dignity cannot be assured without the right to education, making it concomitant to fundamental rights.
  • Declared that the state has a constitutional mandate to provide educational institutions at all levels.
  • Deemed charging capitation fees for admission as a patent denial of a citizen's right to education, considering it arbitrary and violative of Article 14.
  • Criticized the concept of "teaching shops" as contrary to the constitutional scheme, describing capitation fees as akin to selling education.
Impact of the Judgement:
  • Served as the foundation for the Unni Krishnan case (1993) and subsequently the 86th Amendment Act (2002).
  • In the Unni Krishnan case, the Supreme Court partially upheld and partially overruled the Mohini Jain judgement.
  • The Unni Krishnan case addressed concerns that following the Mohini Jain judgement would necessitate the closure of engineering and medical colleges.
  • The subsequent judgement provided further clarification on the implementation of the right to education.

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