Karnataka high court notices to ICSE, CBSE in school fee case

The high court issued notices to the state government, Indian Certificate of Secondary Education (ICSE) and Central Board of Secondary Education (CBSE) on Thursday while hearing an appeal by some city schools challenging the January 10 court order to strike down an amendment to the Karnataka Education Act.

The schools contended in the court that the syllabus, teaching methodology, and examination system of CBSE and ICSE schools were uniform across the country. This distinguishes them from state schools. The appellants also argued that the amendment was on instructions by the government of India and according to the presidential assent to the Karnataka Education Act. Under these circumstances, the government of India ought to have been notified before striking down the amendment.

The amendment keeps these educational institutions out of the ambit of state government’s powers to regulate their fee and admission.

A single judge, while pronouncing the orders had quashed Section 1 (3) (iii-a) of the Karnataka Education Act, an amendment of the Karnataka Act 8 of 1988 that had excluded these schools from the purview of the Karnataka Education Act, in a petition questioning the unreasonable hike, in CBSE and the ICSE school fees by the parents association of Bishop Cotton Girls’ School and The Parachute Regiment School.

The single judge at the time of striking down the amendment had observed that on the basis of affiliation to a particular syllabus, the schools do not become different class from others. Therefore, the amendment of the act is violation of Article 14 of the Constitution.