Imprisonment Does Not Restrict Individual's Right To Pursue Education: Bombay High Court

The Bombay High Court recently observed that imprisonment of an individual does not restrict his or her right to education.

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale made the observation while ordering a Mumbai-based Law College, to admit Mahesh Raut, one of the accused in the Bhima-Koregaon case, as a student for the LLB course for the academic year 2024-2027.

"Imprisonment does not restrict an individual's right to pursue further education. Denying the opportunity to take admission in the College despite a seat being allotted by following the due process as prescribed, is a violation of the fundamental right of the Petitioner. In these circumstances, we are inclined to allow the Petitioner to take admission in the LL.B. course in the Siddharth Law College for the Academic Year 2024-25 for the batch of 2024-2027," the bench observed.

Notably, a special court had earlier permitted Raut to appear in the Common Entrance Test (CET) exams held earlier this year. He was placed at rank 95 on the merit list. Following the due procedure, Raut paid the fees for seat allotment and was allotted a seat in Siddharth Law College in Mumbai. However, he now moved the High Court seeking a direction to the college to admit him as a student.

The University of Mumbai and also the Law College, contended that since LLB is a professional course, the students have to maintain a minimum of 75 per cent attendance. But since he is lodged in the Taloja Jail, Navi Mumbai, he will not be able to maintain the attendance record and thus he should not be given admission, the varsity argued. It further argued that since Raut will not be able to attend regular classes, he will miss the lectures and due to low attendance he will not be permitted to sit for the exams and thus the petition must be dismissed.

However, the petitioner argued that the special court had granted permission him to appear for the Maharashtra CET exams and thus, his right to education needs to be protected.

The bench in its order, noted that the main purpose for appearing in the CET exams was to secure an admission in a Law College.

"The purpose of appearing for the CET examination was obviously to seek admission for the LLB course in a law college. He has passed the exam and is allotted a seat in the Siddharth Law College. There is no gainsaying at this stage in objecting to him being admitted in the College pursuant to having passed the CET examination and being allotted a seat in the College," the bench opined.

It therefore, ordered the College to admit the petitioner.

Appearance:

Senior Advocate Mihir Desai along with Advocates Pritha Paul and Rishika Agarwal appeated for the Petitioner.

Advocates Chintan Shah and Sandesh Patil represented the NIA.

Additional Public Prosecutor Vinod Chate represented the State.

Advocate Muzaffar Patel appeared for the College.

Advocate Rui Rodrigues represented the University of Mumbai.

Case Title: Mahesh Raut vs State of Maharashtra (Criminal Writ Petition 3999 of 2024)

Click Here To Read/Download The Judgment