Several Clauses under the Karnataka Education Act were declared unconstitutional if applied to private, unaided institutions.
The High Court of Karnataka declared Section 48 of the Karnataka Education Act as unconstitutional, one of which prohibits unaided schools from collecting fees at any other rate than in such rate and manner prescribed by the state government. Schools that are affiliated with CISCE and CBSE syllabus are entitled to have bylaws to fix their fees.
The HC also declared other rules under the Act unconstitutional namely, Section 5A which mandates private unaided schools and their employees to follow the government guidelines to protect the safety and security of children, Section 112 which prescribes punishment for management members if found violating Section 5A, Section 2(11A) which lets the District Education Regulatory Authority to regulate unaided schools, and Section 124A which imposes a fine up to 10 lakhs for unaided schools if found violating Section 48
By – Veena
Bangalore correspondent
WOM
