The Bombay High Court permitted activist Mahesh Raut, an accused in the Elgaar Parishad case, to take admission to the three-year LLB course at Siddharth Law College in Mumbai.
The bench said that imprisonment does not restrict prisoners’ right to pursue further education.
A division bench of Justices Ajey S Gadkari and Neela K Gokhale on September 19 passed an order in plea by 37-year-old Raut, seeking directive to Mumbai University (MU) to grant him admission for LLB course.
After the court was informed that Raut has passed the state law Common Entrance Test (CET) and is allocated a seat in the Siddharth Law College, it noted, “Imprisonment does not restrict an individual’s right to pursue further education. Denying the opportunity to take admission in the college despite a seat being allotted by following the due process as prescribed, is a violation of the fundamental right of the Petitioner. In these circumstances, we are inclined to allow the petitioner to take admission in the LL.B. course in the Siddharth Law College for the Academic Year (AY) 2024-25 for the batch of 2024-2027.”
The bench said that since the college required physical presence of a candidate for verification of documents, it was left to it to consider permitting an authorised representative of Raut or next of his kin to physically attend the college and verify documents.
“Or in the alternative, we leave it to the college to take the signature of the Petitioner on the documents from the Taloja Central Prison (where he is presently lodged),” the bench noted and allowed the plea.
It clarified that by this order the court had not granted any exemption to Raut from satisfying any requirements of university and the College and they are at liberty to refuse permission to him from appearing in examination for failure to satisfy minimum attendance or any other eligibility criteria.
Despite being granted bail by the HC on September, 21 last year, Raut remains in jail with a stay granted then on his bail order by the High Court for three weeks, extended from time to time with no effective hearing so far on the appeal in the Supreme Court.