UNIVERSITY OF DELHI Vs. ANAND VARDHAN CHANDAL

JUDGEMENT

(1.) A division bench of the Delhi High court posed the following question for its considerations:

(2.) The High court answered the first part of the question in the affirmative and has held that the right to education is a fundamental right. This question has been finally decided by a Constitution bench of this court in Unnikrishnan J. P. and Ors. Vs. State of A. P. and Ors. 1993 (1 SCC 645. There is, therefore, no dispute that the right to education is a fundamental right to the extent it has been spelt out by the constitution bench in Unnikrishnan's case.

(3.) So far as the student-participation in the election and other Union activities is concerned, the division bench has held the same to be a part of the fundamental right to education on the following reasoning: