The main legal point established in the judgment is the paramount duty of the State and educational institutions to safeguard the fundamental right to education and uninterrupted education, as guaranteed by Art.21 and the Directive Principles of State Policy.

1. A question of considerable public importance arises for consideration in this case. Eventhough there is hue and cry all over, and Academicians, Educationists, Administrators and grown up politicians have all voiced their concern to eradicate political intervention in Schools and Colleges, there has been little effort to find out any concrete solution to do away with campus violence in Schools and Colleges. Students are unfortunately drawn into politics by political parties as well as certain others, completely disrupting the educational system. At times, it creates an atmosphere of tension lawlessness in School and College campuses, and sometimes even in class rooms. Violence has grown to such an extent of snaching away the lives of innocent students, who come for studies in Schools or Colleges. Many of the students in Government Schools and Colleges are from weaker sections of the society.

2. Directive Principles of State Policy, Fundamental Right and Education:

Right to education has always been treated as a fundamental right by the Supreme Court. Right to uninterrupted education is also a fundamental right, which is implicit in the right to life and personal liberty guaranteed under Art.21 of the Constitution of India. Right to education has been treated as one of transcendent importance. It has a fundamental significance to the life of the individual and the society at large. Directive Principles of State Policy are contained in Part.4 of the Constitution of India. It shall be the duly of the State both in the matter of policies as well as in making laws to follow those directives. Art.41 postulates that the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, right to education and to public assistance in case of unemployment, old age, sickness and disablement and in other cases of undeserved want. Art.45 postulates the State shall endeavour to provide, within a period of ten years from the commencement of the Constitution, for free and compulsory education for all children until they complete the age of fourteen years. Art.46 postulates that the State shall promote with special care the education and economic interests of the weaker Sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. Art.39 lays down certain principles of policy to be followed by the State. It provides, State shall in particular direct its policy towards acquiring:

(e) that the health and strength of workers, men and women, and the tender age of children, are not abused, and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment". (Emphasised supplied)

3. As held by the Supreme Court in Kesavananda Bharathi v. State of Kerala, 1973 (4) SCC 225, fundamental rights and directive principles constitute the 'conscience' of our Constitution. The purpose of fundamental rights is to create an egalitarian society, to free all citizens from coercion or restriction by society and to make liberty available for all. The purpose of the Directive Principles is to fix certain social and economic goals for immediate attainment by bringing about a non violent social revolution. Through such a social revolution the Constitution seeks to fulfil the basic needs of the common man and to change the structure of our society. It aims at making the Indian masses free in the positive sense. Without faithfully implementing the Directive Principles it is not possible to achieve the Welfare State contemplated by the Constitution.

4. As held by the Supreme Court in State of Kerala v. N.M. Thomas, AIR 197