Denying admission by private unaided school not violation of Article 21: HC
The ruling came from a single-judge bench of Justice Suraj Govindaraj at the Dharwad Bench, while hearing a petition filed by Muzammil Kazi. The petitioner had challenged St. Paul's High School in Belagavi for denying admission to his son in the LKG class.
Dismissing the petition, the court observed that denial of admission to a minor child by a private unaided school does not breach constitutional rights. The bench noted that the petitioner was free to approach other schools to secure admission for his child.
The order stated that there was no allegation of discrimination under Article 14, nor any specific claim of infringement of fundamental rights under Articles 19 or 21. While the petitioner argued that denial of admission curtailed his rights under Article 21, the court held that such protection applies only after a child is admitted, not before.
Rejecting the respondents' argument that the petition was not maintainable, the bench clarified that under Article 226, the High Court has wide powers of judicial review whenever any authority or private body takes action impacting a citizen's fundamental or constitutional rights.
The petitioner had initially been informed that his son was shortlisted for admission and was asked to meet the principal by February 28, 2025, to confirm the seat. However, a subsequent message stated that his application was still under review. This prompted him to move the High Court.
The judgment reiterates that private unaided schools have discretion in admissions, subject to compliance with applicable laws and regulations.
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