SHRI DURGA JI BASMATI DEVI BALIKA UCHCHATAR MADHYAMIK VIDYALAYA v. DISTRICT INSPECTOR OF SCHOOLS, DEORIA
2007-08-08
SUNIL AMBWANI
body2007
DigiLaw.ai
JUDGMENT Hon’ble Sunil Ambwani, J.—Heard learned Counsel for the petitioner and learned Standing Counsel. 2. The petitioner is running a girl school and has made prayer that the girls in the area may not be allowed to be admitted in the college unless they seek permission by the District Inspector of Schools. The petitioner has relied upon Regulations 8 and 11 (t) of Chapter VII of the Regulations made under the U.P. Intermediate Education Act, 1921, which restrict the girl student to take admission in boys school, where the girl institutions are situate and have recognition for the subject in which the girl wants to study. 3. This matter is covered by the judgment in Rama Nath Tewari and others v. Committee of Management, Allahabad Intermediate College, Allahabad and another, (1993) 1 UPLBEC 730 and the judgment in Parents-Teachers’ Association, Adarsh Gramya Inter College, Allahabad and another v. State of U.P. and others, (2007) 3 ADJ 381 in which this Court had read down the provisions of Regulation 11 (t) and held that Articles 14 and 15 of the Constitution of India restrict such discrimination to girl students. Recently the matter has also been considered and decided by me in Writ Petition No. 33377 of 2007, Committee of Management v. State of U.P. and others, on 25.7.2007 taking the same view : “In the modern age, when knowledge is an asset for development, the restrictions for admitting girls in boys school appears to be an outdated practice. The directions, which restrict the admission of girls students to the boys school for pursuing studies are wholly arbitrary and are violative of Articles 14 and 15 of the Constitution of India. The girls must have the choice of the subjects of study and to pursue their studies in the best educational institutions. They should also have the choice of a school, which offers better educational facilities at cheaper fees. The State Government cannot put unreasonable restricts on the choice of studying in a school on the ground of sex or to favour an unaided educational institution for girls. Such illegal and unconstitutional restrictions cannot give a right to maintain the writ petition as this Court will not enforce the Government orders, which are violative of the fundamental rights enshrined in the Constitution of India.
Such illegal and unconstitutional restrictions cannot give a right to maintain the writ petition as this Court will not enforce the Government orders, which are violative of the fundamental rights enshrined in the Constitution of India. The fact that the girls students have taken admission in boys school clearly goes to show that either the school run by the petitioner is not offering better educational facilities or is charging a higher fees from the girl students. The choice of a student to study in school cannot be put to unreasonable restrictions.” 4. In view of the settled law that any such distinction to allow girls students to study in boys school is violative of Constitution of India and that the regulations made under the U.P. Intermediate Education Act to that effect violate Art. 14 and 15 of the Constitution of India, the Court does not propose to call the counter-affidavit. 5. The writ petition is consequently dismissed with the observation that the choice of the girl students to take admission in the schools cannot be put to any unreasonable restrictions. The girls will have the choice of the subjects and the school, and that the directions of the District Inspector of Schools, contrary to such position are set aside. ————