Unaided Schools cannot violate Fundamental Rights of Students to seek Proper Education:Allahabad HC

Team SoOLEGAL 22 Jun 2022 2:34pm

Unaided Schools cannot violate Fundamental Rights of Students to seek Proper Education:Allahabad HC

New Delhi: The Fundamental Right to Education is protected under Article 21-A of the Constitution and the Allahabad High Court has stated that any complaints regarding admission to a school should be resolved with promptness.

A Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules was being heard by the Division Bench of Justice Rajesh Singh Chauhan and Justice Subhash Vidyarthi, who were challenging the single-judge bench's decision to reject their writ petition.

The son of the petitioner participated in the entrance exam for admission as a Resident Scholar in the relevant educational facility for Class VIII admission. He passed the exam, but due to some compelling circumstances, including the serious illness of the candidate's mother and the fact that the candidate's father was serving away from home, the student was unable to enroll in Class VIII as a Resident Scholar. As a result, the candidate's father submitted an application to the institution's principal asking that his son instead be admitted as a Day Scholar because he is prepared to complete the class.

He then made a few more requests, all of which were ignored. According to the Counsel, the father of the candidate was not informed about the fate of his son's admission, so a writ petition was filed.

The writ petition was dismissed on the grounds that it was not maintainable because the issue involving the same institution had already been resolved by the Apex Court, which had ruled that because the institution was an unaided minority private institution, writ petitions against it could not be entertained.

However, the High Court observed that the counsel for the petitioner was unable to cite any precedents to the effect that the appellant's complaint could be resolved through the use of Court's extraordinary jurisdiction despite the facts, circumstances, and legal position discussed above.

The Court upheld the single-judge bench's position and dismissed the writ petition as no appropriate argument or relevant case law was presented to support that position.

Even so, before parting, the Court stated that if the student-appellant Tanishk Srivastava's admission to Class VIII for which he was admittedly qualified was not possible as a Day Scholar student because he had qualified such entrance examination for Resident Scholar, specific information to that effect must be provided to the parents of such student as soon as possible so that appropriate steps can be taken by the parents of such student.

It was stated that it is trite law that where there is no statutory prescription to redress the grievance of any aggrieved party, equitable principles would be applied so that no one would be left remediless.

"This is not a case where the student has not qualified for the entrance examination for getting admission in a particular class i.e. Class-VIII but this is a case where such student has qualified such entrance examination as Resident Scholar but due to compelling and unavoidable circumstances he could not be able to get admission as Resident Scholar. Therefore, in such compelling circumstances, at least based on principles of equity, it was the bare minimum required on the part of the Principal of the institution to apprise the parents of the student that the institution would be unable to provide admission to their ward in Class-VIII as a Day Scholar student."

Tagged: Unaided Schools   Proper Education  
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