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Delhi high court says right to education is fundamental

Published: Friday, Dec 10, 2010, 0:49 IST
By Kanu Sarda | Place: New Delhi | Agency: DNA

When jailed politicians can contest elections, why can’t an ordinary prisoner pursue studies, said the Delhi high court (HC) on Thursday, allowing a doctor accused of impersonation in a medical entrance examination to continue post-graduate (PG) studies at AIIMS.

AIIMS wanted to withhold Dr Sonal Jain’s result, but justice Rajiv Sahai Endlaw overruled it, saying, “There seems to be no reason to prevent the accused from pursuing higher education. A convict has a right to pursue further studies, provided the same do not interfere with his/her punishment.”

Citing the reformative theory, the court said, “The approach of modern penologists is rehabilitative, rather than retributive. In the present case, there is nothing to suggest that the charge against the petitioner will interfere with the studies she intends to pursue. Moreover, if the petitioner is so prevented and is ultimately acquitted, the denial of further education cannot be compensated in any way.”

“The petitioner is a qualified MBBS. Even if the petitioner is convicted, her degree shall remain intact. There is no law restricting the right to further education,” HC said.

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