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1998 Supreme(All) 300
IN THE HIGH COURT OF ALLAHABAD
M. KATJU, S. L. SARAF
S.RATHI - Appellant
Versus
UNION OF INDIA - Respondents
C. M. W. P. 41713 Of 1997
Decided On : 03/16/1998
KRIPA SHANKAR NANDA, S.G.HASNAIN, U.N.Sharma
Article 21 of the Constitution guarantees every citizen a life of dignity.
Headnote:
Mandamus - Public Interest Litigation - Provision of Separate Schools and Facilities for Children of Lepers
Fact of the Case:
The petitioner sought a mandamus directing the respondents to provide separate schools with vocational training, hostels with regular medical checkup facilities, etc. in every district of Uttar Pradesh for the children of lepers. Allegations in the writ petition were treated as correct due to the absence of a counter affidavit.
Finding of the Court:
The relief claimed for is just and in accordance with Article 21 of the Constitution, which guarantees every citizen a life of dignity. The petition was allowed, and the mandamus as prayed for was granted.
Issues: Provision of facilities for children of lepers, interpretation of Article 21 of the Constitution
Ratio Decidendi: The court found that the relief claimed was in line with the interpretation of Article 21, ensuring a life of dignity for every citizen.
Final Decision: The petition was allowed, and the mandamus as prayed for was granted.
( 2 ) IN our opinion, the relief claimed for is just and is in accordance with Article 21 of the Constitution which has been interpreted by the Supreme Court to mean that every citizen is entitled to a life of dignity. Hence the petition is allowed and the mandamus as prayed for is granted. Petition allowed.
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