Minor expelled from school for smoking hookah moves HC

New Delhi


A minor boy who was disallowed to attend classes after he was allegedly caught smoking hookah has approached the Delhi High Court seeking court's direction to the school to allow him to continue his study.

The boy, an EWS category student, was studying in Kalka Public School in 9th grade and was caught in a video smoking hookah with his friends. After watching the video, the school management suspended him on October 9 this year and disallowed him to attend exams held between October 11 and October 17.

The plea is likely to come up for hearing next week.

The minor who knocked the court's door through advocate Ashok Agarwal said his parents have assured the school that he would not indulge in such activity in future.

On October 18, the parents of the minor were called to the school and were told to withdraw him, to which they refused. Later, the minor was allowed to take exams but has not been allowed to attend classes.

"Sometime in August this year, the petitioner along with his friends went to a pub at Kalkaji to celebrate a friend's birthday. It was school holiday. Neither the petitioner nor his friends were in school dress. It so happened that all the friends, including petitioner, smoked hookah and one of the friends recorded the video.

"It is submitted that one of the friends uploaded the video on Instagram and someone brought this to the notice of the principal. The principal was so infuriated that despite an apology by the petitioner as well as by his parents, she did not allow him to attend classes," the plea said.

He further submitted that except the petitioner, all other friends who were in the party, were allowed to attend classes.

As per the terms of provisions of Rules 11(3) of Delhi Right of Children to Free and Compulsory Education Act, 2011, the respondent school is under obligation to provide free education up to class XII to EWS category students.

The petition termed the action of the school as "unjust, illegal, arbitrary, anti-child which violates right to education as guaranteed to the petitioner".IANS