Allahabad High Court has observed that getting proper education is a fundamental right enshrined under Article 21-A of the Constitution of India.
A bench of Justice Rajesh Singh Chauhan and Justice Subhash Vidyarthi further said that the educational authorities should ensure that the complaint regarding admission in an institution is redressed expeditiously and it does not go unheeded.
The bench was hearing the case of Class VIII student Tanishk Srivastava. He had appeared in the entrance test for admission to class 8th as a resident scholar at La Martiniere College, Lucknow on March 20.
On March 25, the results were declared and Tanishq was declared successful and qualified for admission as a resident scholar in class 8. However, due to his mother’s serious illness and his father being out of state, he could not attend school.
Therefore, his father made an application to the school management on 4 April and expressed hope that instead of treating his son as a resident scholar, he may be admitted as a day scholar as he could not afford all fees including fees. Ready to complete the necessary formalities. ,
When the appellant/writ petitioner, the candidate’s father was not informed about the fate of his son’s admission till April 18, he filed a writ petition before the court which was dismissed by the Single Judge.
Challenging the writ petition, the candidate’s father made an urgent appeal before the division bench. The court upheld the order of the Single Judge which had dismissed the writ petition on the ground that since the institution is an unaided minority private institution, the writ petition against it cannot be entertained.
However, before dismissing the appeal, the court said that the institution should at the earliest communicate the specific information (whether Tanishq can be admitted to the school as a resident scholar) to the student’s parents so that appropriate steps can be taken. his parents.
The Allahabad High Court said: “It is not a case where the student has not passed the entrance examination to get admission in a particular class, but it is a case where such student has passed such entrance examination as a resident scholar.” , but due to forced and unavoidable circumstances, he could not get admission as a Resident Scholar.
“Therefore, in such compelling circumstances, there was a minimum requirement on the part of the Principal of the Institute to inform the parents of the student, based on the principles of least equality, that the Institute would be unable to provide admission for them in class VIII. Ward as a one-day scholar student.”
The bench also observed that if the request of the student’s parents was not liable to be accepted by the school, then this decision should be immediately conveyed to the parent so that the student may receive any other due diligence. To get admission in the institute. Education which is a fundamental right enshrined under Article 21-AA.
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