Shiva Shankar Shukla v. State Of Chattisgarh And Another

Sunil Kumar Sinha, J.

1. Heard.

2. The Petitioner is an under trial prisoner. He is being tried for the offence punishable under Sections 394, 397, 302 and 450/34 of IPC in the Court of Second Additional Sessions Judge, Korba, District Korba vide Sessions Trial No. 49/2008 arising out of Crime No. 67/2008 of the Out-Post Rampur, Police Station Korba, District Korba (C.G.). He was arrested on 18.1.2008.

3. While injudicial custody, the Petitioner moved an application before the Sessions Court for grant of permission to appear in B.Com. First Year Examination. His application was dismissed by the said Court vide order dated 27.11.2008. The Petitioner challenged this order before this Court under Section 482 of the Code of Criminal Procedure and prayed for issuance of direction permitting the Petitioner to appear in B.Com. First Year Examination, 2009 from Government Post Graduate College, Korba.

4. This Court vide an interim order dated 17.12.2008 directed the Respondents/State to facilitate filling of form by the Petitioner before the concerned University/College.

5. Learned Counsel for the Petitioner submits that in compliance of the aforesaid order the Petitioner had filled the form, which was duly accepted by the concerned authorities and an admit-card (Annexure-P/9) has been issued in favour of the Petitioner and the time-table (Annexure-P/8) would show that the examination is to begin from 4th of March, 2009. All these documents have been brought on record vide I.A. No. 1/2009, in which prayer has been made for final disposal of the Criminal Misc. Petition.

6. I have heard the learned Counsel for the parties at length and have also perused the records of the Criminal Misc. Petition.

7. In the case of Mohini Jain (Miss) v. State of Karnataka and Ors. (1992)3 SCC 666, the Apex Court observed that

"Right to life' is the compendious expression for all those rights which the Courts must enforce because they are basics to the dignified enjoyment of life. It extends to the full range of conduct which the individual is free to pursue. The right to education flows directly from right to life. The right to life under Article 21 and the dignity of an individual cannot be assured unless it is accompanied by the right to education. The State Government is under an obligation to make endeavour to provide educational facilities at all levels to its citizens"

.

The fundamental rights guaranteed under Part III of the Constitution of India including the right to freedom of speech and expression and other rights under Article 19 cannot be appreciated and fully enjoyed unless a citizen is educated and is conscious of his individualistic dignity. The 'right to education' therefore, is concomitant to the fundamental rights enshrined under Part III of the Constitution.

8. In view of the above constitutional mandate, right to pursue education has to be protected by a Court of law. The Petitioner while in custody, was granted permission to fill up the form. Accordingly, he filled up the form and he has also received the admit card and there appears to be no hurdle from the University/ College side in regard to appearance of the Petitioner in the coming annual examination which has to begin from 4th of March, 2009. After filling up the form with the assistance of this Court and after issuance of the admit card by the concerned University/College, now the Petitioner entertains a legitimate expectation that he would be permitted to appear in the examination.

9. A Division Bench of Andhra Pradesh High Court held in the matter of Mullipudi Mukunda Rao v. The Sub-Inspector of Police, Penumatra and Ors. AIR 2004 NOC 366, that right to pursue education is a fundamental right and the persons detained in custody on suspicion of committing crime should not be deprived of their right to appear in the examination or in the interview seeking job because of their being in custody. The said High Court issued direction to the concerned authorities to make arrangement of persons taken in custody to appear in the examination or before Selection Committee as the case may be.

10. Indeed, right to pursue education in view of Article 21 of the Constitution, cannot be defeated on account of judicial custody on suspicion of committing crime and the Petitioner should be allowed to appear in the forth coming examination.

11. Accordingly, the petition is allowed. It is directed that the concerned jail authorities shall make all necessary arrangements to facilitate the Petitioner to appear in the B.Com. First Year Examination, 2009 which is to commence from 4th of March, 2009 as per lime table (Annexure-P/8).

12. For compliance of this order, a copy of this order along with the copy of time table (Annexure-P/8) and the copy of admit card (Annexure-P/9) shall be produced before Respondent No. 2 at the earliest.

13. With the above directions, the petition stands finally disposed of.

14. Certified copy of this order be supplied to both the parties on today.