Educational rights under Article 21A mandate that private institutions comply with conditions facilitating students' access to education amidst legal disputes impacting their enrollment.

JUDGMENT :

JAYANT BANERJI, J.

Under challenge in the instant appeal is a judgment of the learned Judge dated 10.07.2019 passed in W.P.Nos.24310-24315/2019 (EDN-RES). It appears that the aforesaid writ petitions was filed against a Private Unaided Educational Institution, which is the appellant herein, seeking the following reliefs:

“i) Issue appropriate Writ/Order/ Direction holding that the respondent Nos.7 and 8 are not entitled in law to issue manual Transfer Certificates to the petitioners and therefore quash the Transfer Certificates at Annexures B to B5 enclosed to the letters all dated 03.04.2019 at Annexures A to A5;

ii) Issue appropriate Writ/Order/ Direction to the respondent Nos.1 to 5 to implement the order bearing No.KSCPCR/50-05/2019/2019-20 dated 21.05.2019/ 30.05.2019 issued by respondent No.6 at Annexure-F;

iii) Issue a Writ of Mandamus directing the respondent Nos.7 and 8 to forthwith give admissions to the petitioners for the academic year 2019-20 to their respective classes;

iv) Pass such other orders as this Hon’ble Court deems fit under the facts and circumstances of the case, including the award of costs, in the interest of justice and equity.”

2. The learned single Judge, after considering the applicability of the Right to Education Act read in conjunction with Article 21A of the Constitution, issued the following directions:

“1. Issue of Transfer Certificates by the Respondent Nos.7 & 8 at Annexures – B to B5 to the petitioners without the request of their parents are held to be unsustainable.

2. The Respondent Nos.7 & 8 shall admit the petitioners to their respective classes subject to their respective parents paying 75% of the total fees relating to the academic year 2018-2019 and 75% of first installment of the fees for the present academic year within seven days from to-day.

3. The parents of the petitioners shall not indulge in any derogatory act to bring down the morale of the Staff and disturb the conductive atmosphere of the Respondent – School.

4. It is needless to observe that the payment of fees shall be subject to result of W.P.Nos.52083-52084.2018. ”

3. When this writ appeal came up for admission on24.07.2019, the following order was passed:

“Considering the fact that a prima-facie case is made out on the question whether a writ could have been issued against the appellants, these appeals will require final hearing.

Accordingly, the appeal is admitted.

2. We have heard the learned counsel appearing for the appellants on the prayer for the interim relief.

3. Prima-facie, it appears that there is merit in the contention of the appellants that the obligation under Article 21-A of the Constitution of India is that of the State and not the appellants. Prima-facie, there is a substance in the arguments that a writ of mandamus could not have been issued against the appellants. 4. However, considering the fact that we are dealing with six students, who are studying in the school run by the second appellant, a workable interim arrangement will have to be made with a view to ensure that the students do no suffer. It will be very difficult for the students (first to sixth respondents) to secure admission in some other school as the term has already started. Prima-facie, there is merit in the contention that the students are required to pay only 75% of the fee charged by the appellants. However, admittedly, the parents of the first to sixth respondents have not paid the fees for the last academic year and for this academic year.

5. The parents of the first to sixth respondents have tendered undertaking affidavits across the Bar. In the affidavits, they have referred to banker's cheques being kept ready representing 75% of the total fee payable by them for the academic year 2018-19. They have