Educational Institutions Should Be Prompt In Informing About Admissions: Says Allahabad Hc As Right To Education Is A Fundamental Right
Shubhi Rathore | Prabhat Bandhulya
The special appeal was filed by the father of Tanishk Srivastava; his son appeared in an entrance test for admission in Class-VIII as Resident Scholar in La Martiniere College, Lucknow. The results were announced and he was declared successful in getting admission. However, his mother had serious illness and his father being out of town, he could not get admission as a Resident Scholar. Therefore, his father filed an application to the Principal of the institution requesting him to be treated as a Day Scholar instead of a Resident Scholar. When the father was not informed about the admission of his son within reasonable time he filed a writ petition before the court, which the court dismissed stating it to be non maintainable. Therefore, the special leave petition was filed.
The Allahabad High Court also upheld the decision of the Trial Court on the basis of an order passed by the Apex Court in Committee of Management, La Martiniere College, Lucknow and Anr v. Vatsal Gupta and others, where the same issue has been dealt with and the Apex Court had held that writ petitions against unaided minority private institutions are not maintainable. Hence, the HC dismissed the writ petition. However, the HC expressed its displeasure upon the approach of the Principal and other authorities of the institution as they could have at least informed the petitioner about the same, so that he could get admission in some other school, as it is his Fundamental Right provided under Article 21A to receive proper education.
CASE: Tanishk , Lucknow Thru. Father Ranjeet Km. Srivastava v. State Of U.P. Thru. Prin. Secy. Prim. Edu. Civil Secrtt. Bapu Bhawan Lko And Others 2022 (AB) 296C