Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950-Article 19(1)(g) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India, 1950-Article 19(1)(g)-Unaided educational institutions-Determination of fee structure-Autonomy-Exercise of-Held: Such institutions exercise a great autonomy since they are entitled to a reasonable surplus for development of education and expansion of institution-However, commercialization of education is prohibited.Delhi School Education Act, 1973:Section 17(3) and Section 18(3) and (4)-Unaided Schools--Regulation of quantum of fees charged-Held: Reading Sections 18(3) and (4) with rules 172, 173, 174, 175 and 177 on one hand and Section 17(3) . on the other hand, Director is authorized to regulate fee and other charges under Section 17(3) of the Act to prevent commercialization of education-Delhi School Education Rules, 1973-Rules 172, 173, 174, 175 and 177. Section 24(3)-Transfer of fees/funds collected by unaided schools to society/ trust-Order of Director prohibiting the transfer-Held: On reading Rules 172, 175 and 177 it is clear that appropriation of savings (income) is different from transfer of fund-By Order of Director, management restrained from transferring any amount from the fund to society/trust-Rule 177(1) F refers to appropriation of savings (income) from revenue account for meeting capital expenditure of the school-Hence, there is no conflict between Rule 177 and the Order of Director-Delhi School Education Rules, 1973- Rules 172, 175 and 177. Section 24(3)-Recognized unaided schools-Setting up of Development Fund Account-Entitlement of-Held: On account of increased cost due to inflation, Management entitled to. create Development Fund Account-For creation of such fund, management permitted to charge development fee not exceeding 15% of the total tuition fee. |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2004 INSC 312 |
Petitioner | Modern School |
Respondent | Union Of India And Ors. |
SCR | [2004] Supp. (1) S.C.R. 668 |
Judgement Date | 2004-04-27 |
Case Number | 2699 |
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