Karnataka HC orders issue of notice

Updated on: Friday, March 18, 2011

Karnataka High Court today ordered issue of notice to the state Government and others on an appeal challenging a single judge's order to include Central Board of Secondary Education (CBSE) and Indian Certificate of Secondary Education (ICSE) in Karnataka Education Act 1983.
The petitioners, Association of Schools for Indian Schools Certification (Karnataka), an association of CBSE and ICSE schools,had challenged the single judge order,who struck down the amended provision of Section 1 (iii -a) of Karnataka Education Act, 1998 dated April 4, 1998, which prevented the state Government from regulating fees structure.

The petitioners submitted that they have been functioning as per the norms and guidelines and have been serving society by ensuring "quality education at an affordable cost".

Stating that the single judge order will be an impediment in their functioning and they sought to set aside the order.

The division bench comprising of Chief Justice J S Khehar and Justice A S Bopanna ordered notice to state government, Ranjitha Kanakarajan, former teacher of Bishop Cotton Girls School and others.

Justice H N Nagamohan Das, who heard a petition challenging the notification of increase in fees by 130 per cent had on January 10 quashed the amendment stating that the hike in fees is not supported either by the Central Act or Karnataka
Education Act.

The judge had observed that "the hike in fee was not supported by any central act or Karnataka Education Act, the schools have not placed before the court any methodology or scheme adopted by them for increasing the fee. The hike in fees not certified by any statutory committee or the Board".

The petitioners had submitted that the fees hike should commensurate to the expenses incurred by the school.

"Fees is not a profit. Education cannot be commercialised. We must accept only to impart education not for the five star facilities offered by the institutes. it is violation of natural justice. The hike in fees is unguided and without a body to regulate", said Ramesh Chandra, counsel for the petitioners.

Explaining about the need to regulate the schools fees, he said that once the institutes get no objection certificate (NOC) and the State are rendered helpless in regulating them.

The petitioners submitted that the CBSE and ICSE schools have to get all kind of concessions and exemptions from the state under Karnataka Land Grant Rules, 1969, Karnataka Municipal Corporation Act,1976 in exemption of property tax for school building and get exemption under Electric Power Tariff rules, 2009 and Motor Vehicle Taxation Act.

Karnataka HC orders issue of notice

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