Miss Ravneet Kaur, Petitioner v. The Christian Medical College, Ludhiana and another, Respondents.

Constitution of India, Articles 29(2), 14, 226, 32 -Scope - Private educational institution - Is not immune from judicial surveillance of Supreme Court and High Court - Denial of admission by such institution on any grounds specified in Article 29(2) - Aggrieved person can seek writ for enforcement of his right either under Article 32 or 226.

On a plain reading of the provision in Article 29, it is clear that a private educational institution is not immune from judicial surveillance of the Supreme Court or the High Courts. The Constitution cannot be interpreted to mean that there are two sets of rules for the same game. It is only right that every Institution which is charged with a public duty follows the mandate of Article 14. It cannot act arbitrarily, treat equals unequally and make or follow rules that are clearly violative of the prohibitions embodied in Part III of the Constitution. In fact, Article

29(2) contains clear indication that even a private institution which is receiving aid from the State cannot discriminate on grounds of religion, caste etc. Thus, there cannot be a dichotomy - a division of the institutions performing public duties into two strongly contrasted classes.

The private institutions performing public duties supplement the State's effort. They are partners with the State. The private and Governmental institutions are the two sides of the same body. The right side cannot smile when the left side is pinched.

A private educational institution receiving aid from State funds may not be a 'State' as defined in Article 12. Yet, article 29(2) confers a fundamental right on all citizens not to be discriminated against in the matter of admission to such an institution on grounds only of religion, caste, language or any of them. If a citizen is denied admission by such an institution on any of the grounds specified in Article 29(2), can it be said that the aggrieved person cannot seek a writ for the enforcement of his rights either under Articles 32 or 226 on the ground that it happens to be a private educational institution? Certainly not.

A citizen can invoke the right to equality in the matter of admission on merit even against a private medical college affiliated to a University. This right "without a remedy will become a mere adornment ... as writ in water". It is not so.     (Source: AIR 1998 Punjab and Haryana 1)