State has an affirmative obligation to facilitate access to education, at all levels: Supreme Court

A writ petition was filed by the students under Article 32 of the Constitution for the redressal of their grievance where they were nominated by the Administration of the Union Territory of Ladakh for being admitted to the Medical colleges for the degree of MBBS but despite the nomination, the seats in the course were not allocated to them. The question of contradiction is that even after the notification by the authorities the admission process was not initiated in the course.

The Apex court in its judgment in the case of Farzana Batool Petitioner v. Union of India and Others has held that the Right to Education which has been contemplated in part III of the Constitution is not the Fundamental Right with respect to the higher (professional) education but the onus, positive commitment is on the shoulders of the state to gratify the access to the education at all the levels. The value attached to this responsibility has multiplied when the regards have been given to the background of the students which act as a stumbling block in the path of the realization of education.

It has been held by the court that admission must be granted to the parties to the present writ petition and general directions were issued in order to obviate the possibility of each of the similarly placed students being required to move this Court. The reference of Article 26 of the Universal Declaration of Human Rights with respect to the Indian Constitution is of utmost importance as it obligates every Member State to ensure that technical and professional education is made generally available and that higher education is equally accessible to all on the basis of merit. The Court mentioned the principle of 'accessibility' meaning guarantee of non-discrimination and removing financial constraints in the way of accessing education. Financial hardship should not prevent the students from getting admission in terms of the allocation which has been made in their favor legitimately under the central pool seats. The reference was given to the statement of the Economic, Social and Cultural Rights Committee (set up to monitor the implementation of International Covenant on Economic, Social and Cultural Rights) that upliftment of the society involves the education of the marginalized community. The Union Ministry of Health and Family Welfare and the Director of Health Services, Ladakh can consider appointing a nodal officer tasked with the responsibility of ensuring that students who are duly nominated under the central pool seats are in fact admitted in their chosen course of study.