Rights of under trial prisoners to education must balance with security considerations under prison regulations.

~ ~ ~ ~ ~ ~ ~ ~ ~

J U D G M E N T

The petitioner, who is an under trial prisoner in judicial custody, seeks to direct the respondents to make necessary arrangements for enabling the petitioner to undergo LLB Course of study in the 2^nd respondent-College through online mode.

2. The petitioner is detained in Viyyur High Security Prison in connection with SC No.1/2020/NIA/KOC on the file of the Special Court for the trial of NIA Cases, Ernakulam. The Crime is registered under Sections 120B of the Indian Penal Code and Sections 13, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967. The petitioner is the 4^th accused in the Crime.

3. The petitioner states that he is a B.Tech graduate.

He appeared in the Kerala Law Entrance Examination for the academic year 2024-2025. The Special Court for the trial of NIA Cases, Ernakulam granted permission to the petitioner to appear for the Entrance Examination. Thus, the petitioner got admission in the 2^nd respondent-Government Law College, Ernakulam for the three year LLB Course.

4. The petitioner is not in a position to attend the classes physically as he is in judicial custody. The petitioner submitted Ets.P3 and P4 representations to the Mahatma Gandhi University and to the Principal of the Law College for permitting him to attend the classes online. Respondents 1 and 2 have not positively responded to the request.

5. The petitioner states that every Indian citizen has a right to live with dignity, which is part of the right to life guaranteed under Article 21 of the Constitution of India. An under trial prisoner does not cease to be a human being even while he is lodged in jail and he enjoys all his fundamental rights guaranteed by the Constitution. Providing education to the prisoners is one of the fundamental functions of the prisons listed as per Section 12 of the Kerala Prisons and Correctional Services (Management) Act, 2010 .

6. The right to education has been recognised as a human right. Permitting a particular student to attend the Course online in exceptional cases would not violate UGC Regulations, 2020. The prisons in Kerala are equipped with Videoconferencing facility. In an identical case ( W.P.(Crl.) No.1037/2023 ), this Court has directed the prison authorities and College authorities to provide necessary arrangements for enabling the petitioner to undergo his course of study online.

7. The 1^st respondent-University resisted the writ petition. The 1^st respondent submitted that the representation by Jithin Vijayan (Guardian of Vijith Vijayan) addressed to Vice Chancellor, Mahatma Gandhi University, Kottayam was received through e-mail dated 07.11.2024. By representation dated 07.11.2024, the petitioner requested to permit him to attend the classes through online mode. According to Clause 2.12.21 of the Three Year Unitary LLB 2018 Regulations, the mode of study, attendance for examination registration, internal assessment-attendance component, etc. are related only with the Regular/Offline mode of study. During the period of Covid- 19 pandemic, taking into account the special situation, online mode classes were generally allowed and attendance requirements were relaxed. Providing the said facility to only one or a few students is not practical and will be contrary to the existing regulations in this regard.

8. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the 1^st respondent-University. I have also heard the learned Senior Government Pleaders representing respondents 3 and 5 and the learned Central Government Counsel appearing for the 4^th respondent.

9. The argument of the petitioner is that in W.P.(Crl.)

No.1037/2023, this Court directed the respondents therein to make necessary arrangements for enabling the petitioner to undergo his course of study in online mode. The petitioner is similarly situated.

10. The Kerala Prisons