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In 1989, the Government of Karnataka issued a notification that permitted the private medical colleges in the State of Karnataka to charge exorbitant tuition fees from the students admitted other than the 'Government seat quota'. Miss Mohini Jain, a medical aspirant student filed a petition in Supreme Court challenging this notification. The apex Court raised an important question that 'whether right to education is guaranteed to the Indian citizen under the Constitution of India?' The Supreme Court of India observed that mention of 'life and personal liberty' in Article 21 of the Constitution〔(Of India. Available on Official Website of Ministry of Law and Justice, Government of India.http://lawmin.nic.in/coi/coiason29july08.pdf. )〕 automatically implies some other rights, those are necessary for the full development of the personality, though they are not enumerated in Part III of the Constitution. Education is one such factor responsible for overall development of an individual and therefore, right to education is integrated in Article 21 of the Constitution. == A brief on the Case == Miss Mohini Jain, a resident of Meerut (in the State of UP), applied for admission to the MBBS course in the session commencing February/March, 1991, to a private medical college located in the State of Karnataka. The college management asked her to deposit a sum of Rs. 60,000/- as the tuition fee for the first year and also to show a bank guarantee of the amount equal to the fee for the remaining years. When Miss Jain's father intimated the management that the asked amount was beyond his reach, the management denied Ms. Jain's admission to the medical college. Miss Jain informed the court that the management demanded an additional amount of Rs. four and a half lakhs, however, the management denied the allegation (?).〔(Website of Supreme Court of India. Available online at http://www.supremecourtofindia.nic.in )〕 As per the notification, the denial of admission of Miss Jain due to her failure to submit the yearly tuition fee of Rs. 60,000/- was a valid step taken by the college management. In this situation, Miss Jain filed a petition (Writ petition (Civil) No. 456 of 1991) under Article 32 (1) ("The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part (Part III: Fundamental Rights) is guaranteed")〔 of the Constitution of India challenging the notification issued by the Government of Karnataka.〔 A two-member bench consisting Justice Kuldip Singh and Justice R. M. Sahai gave the judgment of the case on 30 July 1992 (1992 AIR 1858).〔 For the first time in the post independent India, right to education of the Indian citizens and the State obligation to secure the right came under scrutiny at the premises of the apex court. It is important to note that this was the time when neo-liberal economic policy were knocking at the door of India. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Mohini Jain v. State of Karnataka」の詳細全文を読む スポンサード リンク
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