Allahabad HC: Right to Receive Proper Education is Fundamental Right Under Article 21-A of Constitution


Paridhi Arya

Published on June 16, 2022 at 14:52 IST

The Division Bench of Justice Rajesh Singh and Justice Subhash Vidyarthi observed that under Article 21-A of the Constitution of India right to proper education is a Fundamental Right.

The Court observed that when any grievance is addressed to the educational authorities it should be redressed promptly & does not remain unattended.

The Petition was filed by the Tanishk Srivastava, a VIII class student through his father. He wants to get admission in the La Martiniere College in class VIII so appeared for the entrance test under Resident Scholar category.

The result showed that he passed the exam but he could not admit as Resident Scholar due to the reason that his mother was ill and father was out of town.

The father made a request to the college authorities that he can be given admission as Day Scholar but authorities didn’t replied.

The Petition was then filed in front of Single Judge Bench but the petition was dismissed which leads to the present appeal.

The Court observed that institution is unaided minority private institution because of which Court cannot entertain the writ petition against it by referring the judgment of Committee of Management, La Martiniere College, Lucknow & Anr. v. Vatsal Gupta & Ors.

The Court observed that information that whether student can be admitted or not communicated to the parents so that student can seek admission into other institution.

The Court pointed out that in accordance of law and principle of equities decision should be intimated promptly to the aggrieved party so further decisions can be taken.

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