DHRUV CHAUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing the present Special Appeal, the appellant, a former student of Wynbrg Allen School, Mussoorie, District Dehradun, has assailed the order passed by the learned Single Judge in WPMS No. 853 of 2017, thereby dismissing his writ petition filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned orders dtd. 18/2/2017 and 29/11/2016 issued by respondent No. 3 as well as the stigmatic observation made in the said order.

(2.) The writ petition was filed mainly on the ground that the petitioner was de-rolled from the School by the Management without giving a reasonable opportunity of hearing to him and without giving reasons to the order. However, the learned Single Judge held that since the respondent No. 2 is a minority public school and the respondent No. 3 is the Principal of Wynberg Allen School, Mussoorie, the writ petition is not maintainable.

(3.) The learned counsel for the appellant very eloquently submits that the Hon'ble Supreme Court in several cases has given horizontal application to the fundamental right to life under Article 21, and has issued writs against private institutions also. He also cites reported case of Ms. Sobha George Adolfus vs. State of Kerala, 2016 SCC OnLine Ker 18552, wherein a similar question arose, and the Single Judge of the Hon'ble High Court of Kerala held that the fundamental right can be enforced even against a private minority institution in the light of the discussion as above.