Supreme Court of India

Modern School v. Union of India and Ors.

Neutral citation

Reported as [2004] SUPP. 1 S.C.R. 668

Bench V.N. Khare and S.B. Sinhaands.H. Kapadia JJ.

Decided 27 April 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the management of H recognized unaided schools should be permitted to charge development fee MODERN SCHOOL v.

Judgment, page 23

From the headnote

Constitution of India, 1950-Article 19(/)(g)-Unaided educational institutions-Determination of fee structure-Autonomy-Exercise of-Held: Such institutions exercise a great autonomy since they are entitled to a reasonable surplus for development of education and expansion of institution However, commercialization of education is 'prohibited Delhi School Education Act, 1973: Section 17(3) and Section 18(3) and (4)-Unaided Schools- Regulation of quantum of fees charged-Held: Reading Sections 18(3) and (4) with rules 172, 173, 174, 175 and 177 on one hand and Section 17(3) . on the other hand,

Authorities it was built on

2004 Union of India v. Naveen Jindal and Anr. cited by 19

Where later benches applied it

2019 Dr. (major) Meeta Sahai v. State of Bihar & Ors. relied on
2022 Pharmacy Council of India v. Rajeev College of Pharmacy and Ors. referred to
2021 Indian School, Jodhpur & Anr. v. State of Rajasthan & Ors. referred to
2019 Vasavi Engineering College Parents Association v. State of Telangana and Others referred to
2014 Institute of Law & Ors. v. Neeraj Sharma & Ors. referred to

Of those, 1 relied on · 4 referred to

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