Back
JAVED IQBAL WANI
Maheen Showkat (Minor) S/o Late Mohammad Yousef Thakur – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
JUDGMENT :
JAVED IQBAL WANI, J.
1. The petitioner a minor has filed the instant petition under Article 226 of the Constitution of India through her father, namely, Mr. Showkat Hussain Thakur and has implored for the following reliefs:
(b) Quashing the denial of the admission in the class 11th for the session 2022-2023 as inhuman, illegal act of harassing, humiliation, exploitation besides being against the mandate of the Article 21-A and provision of Right to Education Act.
(c) Directing the respondents not to harass the petitioner directly or indirectly and allow them to pursue her studies without suppression, humiliation and exploitation till they are complete their courses in the school.
(d) Directing the respondents to compensate the petitioner caused by the omissions and commissions of the private respondents by thei
The main legal point established is that a writ petition is not maintainable in cases lacking a public element and where the action is essentially of a private character.
A Private Un-aided Minority School is not covered by the Right of Children to Free and Compulsory Education Act, 2009, and therefore, there is no corresponding right vested in a student to seek admis....
Writ petitions can challenge actions of private unaided schools if they impact constitutional rights, but no such infringement was found in this case.
The failure to comply with directives issued by the Education Department prior to obtaining minority status cannot condone default in admitting students under the Right to Education Act, 2009.
The main legal point established in the judgment is that a minority institution is governed by some provisions of the Act and Rules, and the prior approval from the competent authority for terminatio....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
