Siri Jagan, J.

Ten years before the Parliament decided to include Right to Education as a fundamental right under Part III of the Constitution of India by introducing Article 21A through the Constitution (86th Amendment) Act, 2002, the Supreme Court had considered the scope of right to education in the Indian context in the decision of Mohini Jain (Miss) v. State of Karnataka and others, reported in (1992) 3 SCC 666. In that case, the Supreme Court inter alia considered the question as to whether there is a "right to education guaranteed to the people of India under the Constitution" and held as follows in respect of that issue:

"6. In order to appreciate the first point posed by us it is necessary to refer to various provisions of the Constitution of India. The Preamble promises to secure to all citizens of India "justice, social, economic and political" and "liberty of thought, expression, belief,faith and worship". It further provides "equality of status and of opportunity" and assures dignity of the individual. Articles 21, 38, 39(a) and (f), 41 and 45 of the Constitution are reproduced hereunder:

"21. Protection of life and personal liberty:- No person shall be depriv