New Delhi: The Supreme Court on Friday stayed a judgment of the Karnataka High Court, which was delivered in December 2022, quashing some of the provisions of the Karnataka Education Act 1983, in connection with the State government's power to regulate the fees and the right to appointments of the private unaided schools.
Senior advocate Devadatt Kamat, representing the State government, submitted before a bench headed by Justice BR Gavai that the High Court did not consider previous apex court rulings on the subject. The counsel contended that the High Court relied upon the observations in the TMA Pai judgment, which were out of context and sought to stay on the High Court judgment. The State government had moved the apex court challenging the High
Court's judgment.
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After hearing submissions, the bench, comprising justices JB Pardiwala and SV Bhatti, issued notice to the Karnataka Unaided Schools Management Association, on the State government’s plea. The High Court had held that the management should have maximum autonomy in connection with the administration, including the right of appointment, disciplinary powers, fees to be charged, and admission of students. The High Court had said that private unaided educational institutions were entitled to fix their fee structure, which may be reasonable.
