Yash Pramesh Rana and others Vs State of Maharashtra and others, 2020 (3) Mh.L.J. 772- Bombay High Court

Sub : Landmark judgment in the field of education, analyses the law laid down in TMA Foundation, Islamic Academy , P.A. Inamdar relating to right to open, administer, manage and conduct educational institution, regulation of admission, regulation of fees, introduction of CET, aided and unaided educational institutions, reservation, minority educational institutions.

Issue :

Is Govt Resolution limiting the benefit of fee reimbursement to the students who are admitted under the Govt Centralized admission process (CAP) valid?

Decision :

In the aforesaid judgment, Hon’ble Bombay High Court has succinctly analyzed the landmark judgments of Apex Court relating to the education sector. In the beginning, the High Court has observed:
1. A boy began the battle. It was in 1856. Branded by birth as a Dalit, he wanted to join a school in the Bombay Presidency. It raised a storm, a storm of indignation and disbelief. And that boy's battle for admission has changed the course of Indian educational history. But the battle has not ceased, it seems. It continues in one form or another in the area of courts, though.

2. It was in June 1856 that a boy applied for admission into a government school in Dharwar, Bombay Presidency. The incident had created a furor in the administration; that ultimately attracted the attention of the rulers. The East India Company was forced to formulate an educational policy. That policy mandated that if the schools were maintained by the government, the ‘classes of its subjects were to be given admission without any distinction of caste, religion, and race. But that policy did not translate into action. Until 1872, education remained the privilege of the few. That year, Mahatma Phule contested the discrimination in access to education before the Hunter Commission. Then came the CasteDisabilities Act of 1872, the first enactment in that direction.
3. From then on, we have traveled far, but not far enough. Still, access to education depends, among other things, on the student's economic strength. Socially and economically speaking, the weaker the student is, the farther he is from quality education. Here is a case that concerns the right of, again, a few down-trodden students for recompense on their educational expenditure”.In the said judgment the High Court has analyzed the following landmark judgments of the Apex Court relating to the education sector.