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Karnataka HC: Government cant prescribe fee norms to private unaided schools

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The Karnataka High Court on Thursday held that the government cannot prescribe fee norms to private unaided schools across the state. 

This came after the Associated Management of Private Schools in Karnataka apart from several groups of schools approached the high court seeking intervention against the government taking a call on its fee. 
 
The court also deemed several sections of the Karnataka Education Act, 2017 inapplicable and unconstitutional. Efficiently, section 48 which talks about the collection and utilisation of fee by private schools has been struck down. 
 
Private schools had claimed that the sections of the Karnataka Education Act 2017 were against the basic premise of several previous verdicts of the Apex court which reserves the right of fee decision with the private schools themselves.
 
Unaided private schools had opposed the constitution of this committee citing that they were harassed in the name of the overseeing committee. 
 
“The High Court has also held that that Rules which barred the private unaided Schools from collecting term fees and Special Development Fees under Rule 10(3)(a)(i) and Rule 10(3)(c) of the Karnataka Educational Institutions (Classification, Regulation and Prescription of Curricula etc) Rules, 1995 are not applicable to private unaided Schools.
 
“The Court also also held that the entire Rule which dealt with “Fee in unaided private educational institutions” i.e. Rule 4 and Rule 7 which prescribed fine for violation of the Rules as not applicable to private unaided Schools,” D Shashi Kumar, general secretary, KAMS said in a note. 
 
Among the provisions struck down by Justice ES Indiresh include:

Also read: Karnataka: Fees order outrage