ORDER

1. A Division Bench of the Delhi High Court posed the following question for its considerations:

"Is there a fundamental right to education to be spelt out of clauses (a), (b) and (c) of Article 19(1) and Article 2 I of the Constitution? Does it include participation by a student in the activities of the University Students Union? Does the denial of this right to petitioner by the University sustain this petition under Article 226(1) (a) of the Constitution? These some what novel questions arise in this Writ Petition on the following facts".

2. The High Court answered the first part of the question in the affirmative and has held that the right to education is a fundamental right. This question has been finally decided by a Constitution Bench of this Court in Unnikrishnan J.P. & Ors. Vs. State of A.P. & Ors. AIR I 992 SC 7 I 6 , 1993 Supp(I)SCC645 . There is, therefore. no dispute that the right to education is a fundamental right to the extent it has been spelt out by the Constitution Bench in Unnikrishnans case.

3. So far as the student-participation in the election and other Union activities is concerned, the Division Bench has held the same to be a part of the fundamenta