Denial Of Admission By Private Unaided School Does Not Violate Article 21 Of Constitution: Karnataka High Court

A writ petition filed by a father seeking a direction to St. Paul's High School to admit his minor son to the LKG (Lower Kindergarten) class.

A Bench of Justice Suraj Govindaraj held, “The mere non-admission of petitioner No.2 in respondent No.3 school would not amount to a violation of Article 21, inasmuch as the petitioners have access to various other schools where petitioner No.2 could apply and obtain admission.”

Background

The petitioner had applied for his son’s admission to St. Paul’s High School and received an intimation that his son had been selected. The communication required the parents to appear before the Principal on February 28, 2025, between 1:30 PM and 3:30 PM to confirm the seat. However, soon afterward, the school’s website showed the status of the application as “verification pending.” This prompted the petitioner to approach the High Court under Article 226 of the Constitution, claiming that the denial of admission amounted to a violation of his child’s fundamental rights.

The petitioner argued that although the school was a private unaided institution, the writ jurisdiction of the High Court under Article 226 extended to such entities, particularly when public interest or elements of constitutional rights were involved. He further submitted that education has a public character, and therefore, the actions of any educational institution, including private unaided schools, could be subject to judicial review if they infringed upon fundamental rights.

Finding

The Court noted, “There is no specific allegation in the petition regarding any discrimination or the like which would violate Article 14 of the Constitution of India, nor is any such allegation made as regards the violation of fundamental rights under Articles 19 and 21 of the Constitution of India, though a reference is made that non-grant of admission would deprive the petitioners of their rights under Article 21 of the Constitution of India.”

The bench emphasized that the right to education under Article 21A is not violated merely because admission is denied by a particular private institution, especially when other educational avenues remain accessible.

Importantly, the Court addressed the maintainability of the writ petition. The Court added, “The powers of this Court under Article 226 of the Constitution of India are extensive, and whenever any action is taken by any authority or private entity that impacts the fundamental and constitutional rights of a citizen of the country, power of judicial review can be exercised by this Court. However, there are self-imposed limitations on the said jurisdiction, namely: (i) that such exercise could be made only when there is a public element involved, and (ii) more importantly, if any of the fundamental rights of a citizen are affected by an action even taken by a private entity i.e., if there is a violation of fundamental rights, more particularly under Articles 14, 19, and 21 of the Constitution of India.”

However, the Court added that there are self-imposed limitations on exercising writ jurisdiction against private entities. The Court held, “Merely because respondent No.3 is a private unaided school, would not mean that this Court would not exercise the power of judicial review under Article 226 of Constitution of India, if an action on part of the private unaided school impinges on the fundamental or constitutional rights of a citizen, a writ petition under Article 226 of the Constitution against a private unaided school is maintainable.”

It also underscored that the petitioner was not without options, as there were other schools where admission could be sought.

Ultimately, the High Court dismissed the petition.

Cause Title: Muzammil & Anr. v. St. Paul's High School & Ors., [2025:KHC-D:9747]

Appearances:

Petitioners: Advocate Anwarali D. Nadaf

Respondents: Advocates Sriyuths P N Hatti, Akshay Katti

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