The Allahabad High Court decided on the constitutional validity of Uttar Pradesh Self-Financed Independent Schools (Fee Structure) Act, 2018, which states the regulation of the fees in the Self-Financed Schools in the State. Diocese of Varanasi Education Society challenged its constitutional validity on the ground that as per article 30(1) of the Constitution of India, no interference in the administration of the minority institutions could be made by the state authorities statutorily or otherwise.
The bench comprising Chief Justice Govind Mathur observed that the laws, which were made by the state to regulate the administration of the educational institutions, and grant of aid will apply to minority educational institutions. The bench also said that the act was a statutory effort to stop the commercialization of education, and exploitation of students joining educational institutions, including minority institutions.
The bench upheld the validity of the act, and dismissed the writ petition by stating that on fair analysis of the Act of 2018, it found a legislation to ensure easy accessibility to each and every citizen and further to expand fairness and responsibility in administration of the institutions, which also included the minority institutions without the interference of border interest of the ultimate consumer, and as such there was no violation of Article 30(1) of the constitution of India.
Tags : #Legal