Juvenile in Children’s Home Entitled to Right to Education: Uttarakhand HC
Uttarakhand High Court in IA No. 8235 of 2021 allowed a juvenile in a correction home to pursue education, attend online classes and directed the State to take appropriate measures for allowing the revisionist to appear for examinations.
The court consisting of Hon’ble Chief Justice Raghavendra Chauhan and Justice Alok Kumar Verma held:
Considering the fact that under Article 21 of the Constitution of India, the Right to Education is a part of the Right to Life, this Court directs the respondent State to make all the arrangements for the appellant to appear in his examinations scheduled to commence from 28.06.2021, and to continue the arrangements till the examinations are over. The arrangements shall be made at Children’s Home at Haridwar.
The counsel for the revisionist submitted that the revisionist is serving his sentence in a Children’s Home in Haridwar and is keen on pursuing education. The counsel, on behalf of the revisionist, requested to be allowed to pursue education in Bachelor of Arts. The examination for the said course was from 28th June 2021, for which he sought directions from the court that the respondent makes necessary arrangements for him to appear in the scheduled online examinations from the Children’s Home.
The Court issued directions to the Superintendent of Children’s Home, Haridwar while stating:
The Superintendent of the Children’s Home, Haridwar is further directed to ensure that the revisionist is allowed to take tuition course online in accordance with the schedule of the tuition classes.
In conclusion, the Court, after considering the facts of the case and studying it in light of Article 21 of the Constitution of India, directed the State to take necessary measures for enabling the revisionist to appear in the online examination.
Rasmita Behera | Research Intern | EduLegaL
Swapna Iyer | Legal Editor | EduLegaL