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RIGHT TO EDUCATION CAN NOT BE VIOLATED Under Article 21A Of Constitution Of India: Allahabad High Court

Socio Legal Corp

Last Updated on June 16, 2022 by

@sociolegalcorp                                 Tanishk Srivastava, Lucknow Thru. Father Ranjeet Km. Srivastava v. State Of U.P. Thru. Prin. Secy. Prim. Edu. Civil Secrtt. Bapu Bhawan Lko And Others

The Bench of Justice  Rajesh Singh Chauhan and Justice Subhash Vidyarthi, The Allahabad High Court has observed that receiving proper education is a fundamental right  under Article 21-A of the Constitution of India. Further, the educational authorities must ensure that the grievance relating to the admission to an institution is addressed  with promptness and does not remain unachieved.


The bench was dealing with the case of one Tanishk Srivastava, a Class 8 student appeared for the entrance test  for admission as a resident scholar in La Martinieire, Lucknow in the same class. The exam results were declared on March 25 2022 and Srivastava passed the exam and was found eligible to join class 8 as a Resident scholar. However, the candidate was unable to take admission as his mother had a serious illness at that time and his father was outstation. After this, the child moved an application before the school management on April 4 requesting them to accept the child as a Day scholar instead of a Resident scholar finishing all formalities. The school management did not reply and did not confirm the admission, the child’s father approached the High Court but the Single Judge Bench dismissed the same prompting the father and child to approach the Division Bench.

As per the court, if the request  of the student was not liable to be accepted by the school, this decision should have been immediately conveyed to the parents so that the student could get admission in any other institution for receiving proper education which is a fundamental right enshrined under Article 21-A.

As an action the court directed that whatever is possible under the law or under the principles of equities, a prompt decision should be taken and intimated to all aggrieved so that the consequential steps could be taken well in time.

Written by AKHILA NAIR                         @alihka.rian

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