Allahabad High Court Comes To Aid Of 7 Y/O Boy Expelled From Pvt School For 'Bringing' Non-Veg Food In Tiffin Box

The Allahabad High Court on Tuesday came to the rescue of a 7-year-old Muslim boy who was expelled from a private school in Uttar Pradesh's Amroha for allegedly bringing non-vegetarian food in his tiffin box.

A bench of Justice Siddhartha and Justice Subhash Chandra Sharma directed the Amorha District Magistrate to ensure the 3 Kids (boy and his siblings) are admitted to another CBSE-affiliated school within 2 weeks and file an affidavit. Failure to comply will require the DM to be present on the next hearing (January 6).

[Controversy over 'Biryani' In School Tiffin Box]#AllahabadHighCourt comes to the rescue of a 7-year-old Muslim boy and his siblings, expelled from a private school in Sept 2024 by the Principal after the boy allegedly brought non-vegetarian biryani in his lunch box. pic.twitter.com/T50G5Clyst

— Live Law (@LiveLawIndia) December 18, 2024

Class 3 student, along with his two siblings, was expelled in September 2024 by the school principal after the incident, and the boy was reportedly labelled a "religious fundamentalist" with claims that he would "destroy temples." The principal had also questioned the boy's upbringing, alleging that the child told his classmates he would convert them to Islam by making them eat non-vegetarian food.

A purported video of the interaction between the boy's mother and the school principal had gone viral, pursuant to which official authorities had formed a committee to investigate the matter. The committee later gave a clean chit to the principal while only pulling him up for the inappropriate language he used.

Seeking various relief, the mother (Sabra) and her three arrived kids moved the HC, inter alia, claiming that their right to education had been affected by the conduct of the school. Though the mother alleged that her child was beaten up by the principal and confined to an empty room, these charges were denied by the principal.

In her plea, the petitioners stated that the entire episode had a scarring effect on the delicate childhood psyche of her child, and the same was likely to have lifelong consequences for him irrespective of how the future series of events plays out.

"The loss of continuous education, socialization, and academic progression, is bound to have long term effects on the socio- economic life of (3 of her kids), their further, higher education, career advancement, financial progress, and development and realization of their personal goals. The demotivating episode, which continues to keep the Petitioners at their home without any opportunity for continuing their studies, is detrimental to the sustained zeal and promise which theyhave shown in their life up until now", the petition filed through Advocate Omar Zamin submitted.

The plea added that the discriminatory conduct of the school administration had violated the rights of Petitioners under Article 17 of the Constitution of India, read with Sections 5 and 6 of the Protection of Civil Rights Act, 1955.

In their plea, the petitioners have prayed for the following reliefs:

• Direct the State of UP to arrange for Petitioners No. 2, 3, and 4 to be admitted to an alternative school near their home to permit them to continue their education.
• Direct the state government and other official authorities to take appropriate action against the respondents including the school principal for their harassment, abuse, and discrimination against Petitioners No. 2, 3, and 4;
  
• Direct SHO concerned to register an F.I.R. against the Respondents, including the school principal, in terms of the complaint made by the mother;
• Direct the state of UP to suitably compensate petitioner-kids for the loss of their academic progress on account of the acts of respondents, including the school principal.