The Allahabad High Court, in Sabra & 3 Others v. State of U.P. & 8 Others (Criminal Misc. Writ Petition No. 17955 of 2024), addressed the expulsion of three minor students from a school in Amroha, Uttar Pradesh, allegedly due to objections raised by the school principal about the presence of non-vegetarian food in their tiffin. The Court examined the matter in light of the constitutional provisions guaranteeing the right to education and directed remedial measures to ensure the continuation of the minors’ schooling.

The petitioners, led by Sabra (mother of the three minors), sought the intervention of the High Court to address the expulsion of her sons—Master Rihan Khan (Kindergarten), Master Shahbaz Khan (Class 1), and Master Shami Khan (Class 3). The expulsion reportedly occurred after the school principal raised objections regarding non-vegetarian food in their tiffin. This action, the petitioners argued, was arbitrary, discriminatory, and a violation of the constitutional right to education under Article 21A.

The petitioners further submitted that there was no legal or institutional regulation prohibiting students from bringing non-vegetarian food to school. The counsel for the petitioners, Advocate Omar Zamin, argued that the school’s action infringed upon the fundamental rights of the minors under Articles 14, 21, and 21A of the Constitution of India. The petition emphasized that the action had disrupted the children’s education and subjected them to cultural discrimination.

Advocate Omar Zamin contended that the expulsion was unwarranted and unjustified, as no law prohibited the children from carrying non-vegetarian food in their tiffin. The petition highlighted the adverse impact on the minors’ education, emphasizing that the right to education is a constitutional guarantee that cannot be compromised based on dietary or cultural differences.

The petition also invoked the principles of equality and inclusivity, asserting that the school’s actions were discriminatory and undermined the broader objectives of education as outlined in the Constitution. The counsel argued that the school’s actions violated the duty of educational institutions to ensure an environment free from bias and conducive to learning.

The Bench, comprising Justice Siddharth and Justice Subhash Chandra Sharma, analyzed the case and found that the expulsion was discriminatory and lacked a reasonable basis. The Court held that the right to education under Article 21A of the Constitution is fundamental and non-negotiable.

The Bench observed, “Educational institutions are custodians of inclusive growth and have a constitutional obligation to create an environment free from bias and discrimination.” The Court stated that the actions of the school principal, in expelling the children based on allegations concerning their dietary practices, were arbitrary and violated constitutional principles.

The Court also noted the psychological and social implications of such actions on the minors, emphasizing that the continuity of education is critical for the overall development of children. It remarked that such actions disrupt the academic progress of students and undermine the objectives of equitable access to education.

The Court directed the District Magistrate of Amroha to ensure the immediate enrollment of the three minor students in another CBSE-affiliated school within two weeks. The District Magistrate was instructed to file a compliance affidavit before the Court. The Court further ordered that in the event of non-compliance, the District Magistrate would be required to appear personally before the Court on January 6, 2025.

“The right to education is paramount, and any delay in ensuring its realization necessitates administrative accountability,” the Court stated.

Case Title: Sabra & 3 Others v. State of U.P. & 8 Others
Case Number: Criminal Misc. Writ Petition No. 17955 of 2024
Bench Details: Justice Siddharth and Justice Subhash Chandra Sharma