Role of consumer protection law in education: a critical analysis of judicial trends

Abstract

We are all consumers in one form or other. To protect the interest of consumers The Consumer Protection Act, 1986 was passed. Various services are covered under the Act. In a welfare state, education plays a very important role. It is the duty of the state also to provide necessary educational facilities to the common man. We have been guaranteed a very important right i.e. Right to life and personal liberty under Article 21 of the Constitution. The scope of Article 21 has been considerably expanded through judicial decisions and it has been held by our Supreme Court that right to education is also included within the scope of Article 21. In a landmark judgment in Mohini Jain v. State of Karnataka1 Supreme Court has held that the right to education is the fundamental right under Article 21 of the Constitution which cannot be denied to a citizen by charging higher fee particularly known as capitation Fee. Right to education is drawn directly from right to life. It was emphasized by the court that right to education is concomitant to the Fundamental Rights enshrined under Part-III of the Constitution. The Fundamental Right to speech and expression cannot be enjoyed unless citizen has education. In the same manner, in subsequent decisions also the Supreme Court upheld the views expressed in earlier cases relating to right to education. Article 21A has been inserted by the constitution (Eighty-Sixth Amendment) Act, 2002 where it is provided that the state shall provide free and compulsory education to all children of the age six to fourteen years. Further, in Directive principle of state policy, Article 45 of the Constitution provides that the state shall endeavour to provide early childhood care and education for all children until they complete the age of six years. Further it is provided under A 51A(K) that it shall be the duty of every citizen of India, who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.