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The Delhi High Court observed that no minor should suffer on the education front due to family circumstances as an educated kid becomes an asset to the nation. The high court carried out this issue during the hearing of a bail plea and took a suo moto cognisance to promote the admission of a minor girl to a school as her parents are in jail for their alleged involvement in the murder of an old woman whose body parts were disposed of in a drain.

Delhi High Court instructed the SHO to be responsible for the girl's admission to the school adjacent to the senior branch of the school where her elder sibling is studying and asked the principal to unfold full cooperation for the admission.

Justice Swarna Kanta Sharma commented that, in her opinion, education is the first step toward tackling evils, inequality, discrimination, and especially poverty. Every child, irrespective of religion, caste, sex, or economic conditions, has been guaranteed the right to education. She added that educated individuals make informed decisions, first for themselves, and then be able to contribute constructively towards the progress of the nation and society at large.

The high court also observed that once it comes to the notice of the court that a child or any other individual is underprivileged of fundamental rights, the court has to assure that the fundamental right is compulsory with no limitation for any individual to enjoy the same. The high court stated that the right to education is a fundamental right assured to every citizen under Article 21 A of the Constitution. A child or a minor must not suffer the consequences of a crime committed by their parents. It also added that the court is duty bound to implement the fundamental rights of every citizen and, in this case, the right to education of the child.

The child's mother pursued interim bail as she needed to get out of jail to get her daughter admitted to a school in Delhi. She informed the high court that her elder daughter was seeking education in a municipal school in Delhi, and her younger daughter was also admitted there in nursery class.

The investigating officer informed the high court that, according to the school principal, the admission can only be done if she has a certificate bearing her date of birth from any government institution and any local guardian of the minor can also get her admitted to the school. The high court said that the child is an individual Indian citizen who enjoys her fundamental rights, including the right to education. In this situation, the court became the voice of the voiceless child.

The high court commented that it is not only in cases dealing with family conflicts that the rights and welfare of the child should be evaluated but also in cases such as the present one. The courts can become and act as the parent, ensuring that the child is not impoverished of its fundamental right to education.

The court added that in the attending case, where the right to education of a child is at stake, it is crucial and urgent that the court interlopes opportunely and supports the right foreseen in the Constitution to protect the child's future. It further said that the child must get admitted to a school as soon as possible so that the shadow of no unpleasant happening falls upon the child's life to darken her future. It took su motu cognisance to promote the child's admission to a school so that the child does not lose out on the present academic year 2022-23.

The high court summoned a submission report within ten days and said that in order to protect the girl's privacy and dignity, her identity will not be mentioned by the court.