Fundamental right to privacy includes right of the student to choose the college of his choice : Kerala High Court

Fundamental right to privacy includes right of the student to choose the college of his choice : Kerala High Court

An appeal was filled by the Cochin Institute Of Science And Technology against a single bench order where it was had held that students cannot be compelled to continue in a college against his/her wishes. If a student feels that studying in the same college would be detrimental to his/her studies and career then he /she has all the right to opt out from such college.

Also Read: Indian Council for Enviro-Legal Action v. Union of India: Polluter Pays

The facts of the case are as follows the students made an application seeking inter collegiate transfer from the above mentioned institution to another college of the same university on the ground that there was inadequate infrastructure in their college and the same application was rejected by the college principal. The students then filled the writ petition in the court where it was held that college should not intervene with the students right to transfer to college of their choice.

The division bench comprising of Chief Justice Hrishikesh Roy and Justice AK Jayasankaran Nambiar dismissed the appeal filled by the above mentioned institution and stated that freedom to choose the college of his/her choice is an aspect of the Fundamental right to privacy of the students. The Kerala High Court concluded that ‘’when a student feels he can secure better education in a different college then there is no legal bar in exercise of such option’’ While dismissing the writ petition the court referred to the Supreme Court Judgement in K.S Puttaswamy and ors vs. Union Of India where it is clearly stated that ‘’ Article 21 gives the right to an individual to make choices and take decisions impacting the life of that individual ‘’ If a student is barred from choosing a college of his choice the same goes against the freedom of choice of that individual, therefore the petition is dismissed.

Also Read: APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE C.P.C FOR GRANT OF AN AD – INTERIM INJUNCTION