Md Shadab Ansari (Law Student & Human Rights Activist....) 21 April 2009

Is it the Violation of Article 21(A) of Constitution?

Dear Members,

In our locality many students of a Minority School Govt. Aided School have not been given Report Card because they have not paid the school fee. According to Article 21(A) ..

"The State shall provide free and Compulsory education to all children of the age of six to fourteen years in such a manner as the State may,by Law, determine."

Here are my questions to all the Learned Advocates and other Members are:

1) Can a Minority Govt. Aided School charge fee?

2) They take the fee in the name of Donation every month(Rs 30). Is it right? Are they have right to charge the fee?

3) In such case where I complain the matter?

4) To make the case strong what are the evidence I have to gather?

Please answer in detail....

Regards

Shadab

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7 Replies

N.K.Assumi (Advocate) 21 April 2009

Consult the Secretary or Ditrector of Education of your State, or simply put in an RTI to furnish you the information that you required including the law made by your State in this regards. Congratulations for such active works for the welfare of your people.

1 Like

B.B.R.Goud. ( Faculty) 21 April 2009

you need to elucidate the brief.

they are not supposed to charge any fee, except the govt. fee.

they have no such rights to collect the fee, as such it was non-profit organisation moreover as per Art 21(A), it is the fundamental right which the govt has to protect.

in case of, up to 7th class, need to contact District Education Officer otherwise director, board of secondary education.

ritu bhadana (advocate) 21 April 2009

contact about this to the director of education of your state

N.K.Assumi (Advocate) 22 April 2009

That Article of the Constitution is based on UNESCO and UNICEF Philosophy of Universal Education for all and the Article declare free and compulsory education to children of the age of six to fourteen. FREE AND COMPULSORY and nothing else. Follow the advise given by the members or you can also write to the Secretary of Woman and Child development, New Delhi.

B.N.Rajamohamed (advocate / commissioner of oaths) 22 April 2009

Article 21A of the constitution is to provide free and compulsory education . When the minority intitutions charge such fees as donation , it will attract the interference of the government and the court. It is more wiser to approach the high court in the form of writ.