DELHI HIGH COURT: ARTICLE 21 DOES NOT CONFER CONSTITUTIONAL RIGHT ON ANY CHILD OF CHOICE

The Delhi High Court in the case Jiya Through Her Next Friend And Natural Mother Ms. Sushma v. Maharaja Agrasen Model School And Anr. observed that Article 21A of the Constitution of India is only for free and compulsory education till the age of fourteen and does not confer on any child a constitutional right to be educated in a particular school of his or her choice.

The bench headed by Justice C Hari Shankar in the case observed and has stated that such a right would arise only if the child applies to the Directorate of Education, DoE as an EWS, economically weaker section student for admission in the entry level class for that year and is shortlisted in the computerized draw of lots.

The court in the case stated that such application, holding of a computerized draw of lots and shortlisting of a child for admission to a particular class in a particular school, no right to seek such admission ensures in favour of the child.

Adding to it, the court stated that the right available under Article 21A of the Constitution of India or under Section 12 of the RTE Act is only to free and compulsory education till the age of fourteen, not for being provided such education in a particular school.

The bench of Justice Shankar in the case was dealing with the petition moved by a 7-year-old girl through her mother seeking a direction upon a school to grant her admission as an EWS student in Class II for the academic session 2023-24.