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Case Analysis: Mohini Jain Vs. State Of Karnataka




Asmita Tyagi, B.A.LLB, Symbiosis Law School, Noida, Symbiosis International (Deemed University)


INTRODUCTION:


A petition was filed by one miss Mohini Jain in the supreme court of India challenging the validity of Karnataka education institution act, 1984. and so, the case of Mohini Jain vs state of Karnataka1 has altered the Indian education system deeply. This landmark judgement enshrines the article 21A of constitution of India and dealt with a problem that was somehow only a barrier to the existing nature of law. The financially disadvantaged parts of society could not access and afford to meet the high end demands to pursue higher studies. During the 1990s, there was a swift rise in the number of private collages in India leading to development and enhancements of educational opportunities. However, this too could only to accessed by only a certain stratum of society as the fees of these courses were highly expensive making it impossible for the majority to afford it. Finally, the Supreme Court of India had to intervene and rule that charging such additional fees was unconstitutional. The rulings led to an absolute transformation of how levies in private colleges were administered. This case is extremely important as it is yet again that even after a dedicated fundamental right, access to education is still hampered. This case even draws attention to the longstanding debate on the right to education versus the financial capabilities of the deserving candidates.


This research paper is divided into three parts, the first dealing with the summary of the case, tracing the backgrounds, the flaws and the laws, the reasoning of the judges and the judgement of the apex court. The second part deals with the analysis and an in-depth understanding of the reasoning and the relevancy of the law related. The third part is a mere attempt to reach to a conclusion and conclude with not only the presented and research data but also the applicability and necessity in the real time.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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