Convicted prisoners retain the right to education; however, implementation depends on prison resources, security concerns, and administrative capacity.

1. This is an application moved under S.430 of the BNSS, 2023 by the appellant / accused seeking interim bail for a period of one month to enable him to seek admission in a Law College at Mangalore.

2. In the application it is alleged thus: - The applicant attended the Common Law Admission Test - 2025 (CLAT - 2025) conducted by the Consortium of National Law Universities, National Law School of India University, Bengaluru, Karnataka. He cleared the test and secured all India rank of 34,397. The applicant intends to seek admission in Sri Dharmasthala Manjunatheshwara Law College, Mangalore under the management quota. On enquiry with the college authorities, the applicant has been informed that the admission process for the academic year 2024-2025 would start from 01/04/2025. The admission is based on merit from the scores of the qualifying exam or course - level entrance exam which is the score of the CLAT exam. The applicant has been informed that for admission under the management quota, the marks of the applicant for his degree would also be considered. The applicant has to obtain various certificates from the college and University from where he did his degree course and to do the necessary documentation for his admission. This Court in Pattakka Suresh Babu v. State of Kerala , 2024 (1) KHC 55 has permitted two life convicts to pursue LLB considering their right to education. The said judgment has been confirmed by the Apex Court in the appeal filed by the Bar Council of India (BCI). That being the position, the applicant may be granted interim bail for a period of one month starting from 27/03/2025 for seeking admission for LLB in the aforesaid college.

3. The application is opposed by the learned Public Prosecutor who has filed a memo along with the statement of the Superintendent of Central Prison & Correctional Home, Kannur. In the statement it is contended that as per R.258(13) of the Kerala Prisons and Correctional Services Management Rules, 2014 (the Rules), prisoners are permitted to join educational courses through private, open universities or distance education, subject to the availability of resources and infrastructure within the prison. However, as per letter No. G2-23235/2023 / PrHQ dated 13/10/2023, the Kerala Prisons Headquarters has issued a directive explicitly prohibiting prisoners from joining regular course programs. The said order is binding on all the prison facilities in Kerala and has set a clear restriction on the approval of regular courses for inmates.

3.1. It is also stated that the Central Prison and Correctional Home, Kannur where the applicant is presently housed, has more than 1,050 inmates, with approximately 200 inmates eligible for educational opportunities including online LLB courses. However, there is a significant shortage of staff in the prison, making it extremely difficult to manage, monitor, and supervise online educational programs effectively. There is no dedicated device(s) or secure internet access for prisoners to undertake online studies. There is a lack of monitoring system to ensure that the internet is used solely for educational purposes, raising concerns about potential misuse, which could even affect the security of the prison. Granting access to online educational facilities could lead to unauthorized access of the internet for illegal communications or other illicit activities. It is difficult to effectively supervise online learning, which inmates may exploit for unauthorized purposes, thereby compromising security. There is need for additional staff and resources which are currently unavailable at the prison to ensure proper monitoring and security of online courses. If the applicant's request is granted, it would set a precedent for ot