The Allahabad High Court has directed the District Magistrate of Amroha, Uttar Pradesh, to ensure the admission of three minor students, Master Rihan Khan, Master Shahbaz Khan, and Master Shami Khan—into a CBSE-affiliated school within two weeks.

The minors, aged between kindergarten and third grade, were allegedly expelled from their previous school following objections by the principal to non-vegetarian food in their tiffin.

The Bench of Justice Siddharth and Justice Subhash Chandra Sharma ordered, "The respondent no. 10 District Magistrate, Amroha, is directed to get the petitioner nos. 2, 3, and 4, namely Master Rihan Khan (Minor), Master Shahbaz Khan (Minor), and Master Shami Khan (Minor), sons of Shri Siraj Khan, in some other school affiliated to C.B.S.E. Board, within a period of two weeks and file an affidavit of compliance before this Court."

The Petition, filed by Siraj Khan, the father of the children, alleged that the principal's actions violated the children's fundamental right to education. Advocate Omar Zamin, appearing for the petitioners, argued that the expulsion had severely impacted the minors' right to education, a constitutionally guaranteed right under Article 21A of the Constitution.

The State was represented by Additional Government Advocate Manju Thakur.

The Court permitted the petitioners to implead the District Magistrate, Amroha, as a respondent in the case, emphasizing his role in ensuring compliance with the directive.

"The allegations against the petitioner nos. 2, 3, and 4, who are minor children of petitioner no. 1, are that they were given nonveg food in their tiffin, which was objected to by the Principal of the college, and thereafter it is alleged that the petitioner nos. 2, 3, and 4 have been thrown out of the school. The learned counsel for the petitioners submits that petitioners nos. 2, 3, and 4 are minors, studying in classes Kg, first and third. Their right to education has been effected by the conduct of the school," the Court noted.

The Single-Bench ordered the District Magistrate to take immediate action to secure the students' admission to a CBSE school and file an affidavit of compliance by January 6, 2025. The Court warned that failure to comply would necessitate the District Magistrate’s personal appearance at the next hearing.

"Put up this case as a fresh case on 06.01.2025 before this Court. In case no affidavit is filed by District Magistrate, Amroha, he shall be personally present on the next date," the Court ordered.

Cause Title: Sabra And 3 Others v. State Of U.P. And 8 Others [CRIMINAL MISC. WRIT PETITION No. 17955 of 2024]

Appearance:-

Petitioner: Advocate Omar Zamin

Respondent: AGA Manju Thakur

Click here to read/download the Order


Justice SiddharthJustice Subhash Chandra SharmaAllahabad High Court

Sukriti Mishra