Mitali Palnitkar
Published On: January 07, 2022 at 20:40 IST
Writ petition which sought the declaration that completion of a Legal Education course is a fundamental right was dismissed by the Supreme Court.
The Supreme Court gave a clarification that questions like conducting the examinations could not be addressed by the Court in exercise of its Writ Jurisdiction.
The Bench comprised of Justice Sanjay Kishan Kaul and Justice M M Sundresh. The Petitioner was a law student from Karnataka State Law University.
The Bench stated, “We are not inclined to exercise jurisdiction under Article 32 of the Constitution. Dismissed. If the Petitioner has grievances he can work out his remedies in accordance with law.”
The Petitioner had filed the Writ Petition under Article 32 and sought to declare the completion of course in legal education as a fundamental right.
The Bench which was not convinced by the Remedy sought stated, “Because you have become a law student does not mean you start showing your legal prowess by filing petitions. You came in a 32 petition saying when exam has to be held, how it should be held, it should be delayed in Covid time. Is this a 32 petition for us to entertain in the Supreme Court.”
The Petitioner claimed that the University he is studying in did not conduct classes and examination for the last 6 months and he found it to be violative of fundamental rights granted under Article 21 of the Constitution.
A challenge of similar kind to decide on conducting exams in Karnataka State Law University was made before the Karnataka High Court as well but it had dismissed the Petitions by an Order dated December 23, 2021.