Keywords: Karnataka Education Act 1983, Special Leave Petition, Fundamental rights, TMA Paid Judgement, disciplinary powers.
The Supreme court on Friday dealt with the matter of provisions of The Karnataka Education Act 1983 which violate the fundamental rights. A three-judge bench comprising Justices BRGavai, JB Pardiwala, and SV Bhatti was constituted.
A Writ Petition was filed by Karnataka Unaided Schools Management Association and Various Private school management. The petition challenged that the provisions of The Karnataka Education Act 1983 violates the fundamental rights given in the Articles 14, 19(1)(g), 29(1) and 30 of Constitution. Various provisions control the appointment of staff, disciplinary powers, admission of students and the fees structures in the unaided school. High Court struck down provisions violating the Fundamental Rights and followed the TMA Pai Judgment given by the Supreme court. Subsequently Special Leave Petition was filed by the State of Karnataka challenging the High Court judgement. The advocate for the State contended that High Court has failed to consider the other judgements passed by the supreme court in Modern dental college and Indian School, Jodhpur. Supreme Court passed an interim order for stay of the order passed by the High Court and issued notice.
Name: Manaswini Datar, University: Karnataka State Law University, Semester: 8th
