Supreme Court of India
Indian School, Jodhpur & Anr. v. State of Rajasthan & Ors.
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What the Court ordered
We hold that the High Court rightly concluded that the provisions of the Act of 2016 as well as the Rules of 2017 are intra vires the Constitution of India and not violative of Articles 13(2) a nd 19(1)(g) of the Constitution.
Judgment, page 58
From the headnote
Education/Educational Institutions: Rajasthan Schools (Regulation of Fee) Act, 2016 – ss . 3, 4, 6-11, 15 and 16 – Rajasthan Schools (Regulation of Fee) Rules, 2017 – rr. 3, 4, 6-8 and 11 –Validity of – Challeng e to, by the Management of the private unaided schools in the State of Raja sthan, on the ground of being ultra vires the Constitution; and violative of Art. 19(1)(g) since it takes away autonomy to determine the School fees – High Court rejected the challenge to the validity of the Act of 2016 and Rules framed thereunder – Justification of –Held: Justif ied – High Court rightly
Authorities it was built on
- 1986 State of Madhya Pradesh & Ors. v. Nandlal Jaiswal & Ors.
- 2002 T.M.A. Pal Foundation and Ors. v. State of Karnataka and Ors.
- 1955 Rai Sahib Ram Jawaya Kapur and Others v. The State of Punjab
- 2005 P.A. Inamdar and Ors. v. State of Maharashtra and Ors.
- 2003 Islamic Academy of Education and Another v. State of Karnataka and Others
- 2012 Society for Un-aided P.school of Rajasthan v. U.O.I. & Anr.
- 2003 High Court of Gujarat and Anr. v. Gujarat Kishan Mazdoor Panchayat and Ors.
- 2014 Pramati Educational & Cultural Trust ® & Ors. v. Union of India & Ors.
- 2004 Modern School v. Union of India and Ors.
- 2013 Pathan Mohammed Suleman Rehmatkhan v. State of Gujarat & Ors.
- 2004 M.T. Khan and Ors. v. Government of Andhra Pradesh and Ors.
- 2018 Union of India v. Moolchand Khairati Ram Trust
- 2011 The Secretary, Sh. A. P. D.jain Pathshala & Ors. v. Shivaji Bhagwat More & Ors.
- 2009 Action Committee,un-aided Pvt. Schools & Ors. v. Director of Education Delhi & Ors.
- 1988 All India Backward Classes and Minorities Welfare Association & Anr. v. Union of India & Ors.
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