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Supreme Court of India 2021-05-03 partly_allowed

INDIAN SCHOOL, JODHPUR & ANR vs STATE OF RAJASTHAN & ORS

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

The Supreme Court upheld the constitutional validity of Rajasthan's fee-regulation law while striking down a pandemic-era government order that unilaterally reduced school fees. The Court held that Article 19(1)(g)'s right to determine fees is not absolute—the State may regulate to prevent profiteering and commercialization. However, only the prescribed statutory committees (SLFC, DFRC, Revision Committee) can modify fees; the Director of Education lacked power to unilaterally reduce fees. As a one-time remedy for 2020-21, schools must collect the prior year's fees with a uniform 15% deduction for unutilized facilities during lockdown, payable in six monthly installments. The decision balances school autonomy with fairness to parents while rejecting both unchecked fee hikes and administrative fee-fixing beyond the statutory framework.",

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Education Law Fundamental Rights Administrative Law School Fees Regulation Pandemic-Related Orders Constitutional Law Right to Education Profiteering and Commercialization Private Educational Institutions Executive Power Disaster Management

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