Case Summary: T.M.A. Pai Foundation & Others vs State of Karnataka & Others (2002)
Law Points Raised:
1. Whether minorities (religious or linguistic) have the right to establish and administer educational institutions of their choice under Article 30 of the Constitution.
2. The extent of government regulation permissible on private unaided and aided educational institutions.
3. Whether there is a fundamental right under Article 19(1)(g) to establish educational institutions and the scope of reasonable restrictions under Article 19(6).
4. Whether the rights under Article 29(2) and Article 30 are mutually exclusive or overlapping.
5. Clarification on autonomy of private institutions regarding admission procedures and fee structures.
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=294563
Ratio Decidendi:
The Supreme Court held that the right to establish and administer educational institutions is a fundamental right under Article 19(1)(g) and Article 30(1). This includes both minority and non-minority institutions. However, this right is subject to reasonable regulations to ensure excellence and prevent mal-administration. Minority institutions do not lose their character by taking governmental aid but may be subject to certain regulatory controls.
Final Ruling:
The Supreme Court ruled that private unaided institutions have autonomy in administration, especially in terms of admissions and fees, although they must not practice profiteering or capitation fees. Minority institutions are entitled to administer their institutions but within the framework of law and subject to regulations that ensure merit and transparency.
Key Paragraph References:
- Para 50–56: Rights of minorities under Article 30
- Para 68–70: Regulatory framework permissible
- Para 124–131: Role of government in aided vs unaided institutions
- Para 136–141: Interpretation of Articles 19, 29, and 30
- Para 161–163: Summary of conclusions (11-Judge Bench)
Brief Summary:
This landmark judgment by an 11-judge Constitution Bench clarified the constitutional position of private and minority educational institutions. It balanced the autonomy of such institutions with reasonable state regulation. The judgment laid down the foundation for subsequent decisions on educational rights and state control.