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2025 DIGILAW 1409 (TS)

Rushda Osmani v. State of Telangana

2025-11-07

SUREPALLI NANDA

body2025
ORDER : 1. Heard Sri Asad Hussain, learned counsel appearing on behalf of the petitioner and Sri R. Anurag, learned counsel appearing on behalf of the respondent No.11. 2. The petitioner approached the Court seeking amended prayer as under: “…to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.11 School vide Letter Dt. 25.08.2025 in expelling/removing the Petitioner from Respondent No.11 School without any opportunity of hearing or representation despite pendency of investigation by the Official Respondent No.10 i.e. SHO, Khairtabad PS vide FIR.No.209 of 2025 despite the direction of the Official Respondent No.6 i.e., The National Commission for Protection of Child Rights to Official Respondent No.8 i.e. District Collector despite pendency of proceedings before Official Respondent No. 7 i.e. The State Commission for Protection of Child Rights as being Arbitrary, Unconstitutional, Violative of Articles 14, 21 and 21-A of the Constitution of India and contrary to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and to consequently direct the Respondent No.11 herein to forthwith reinstate the Petitioner as a student of Class VIII at Nasr School, Khairtabad and thereby allowing her to resume her Academics and other School activities without obstruction or prejudice and further direct the Official Respondent No.4 i.e. District Educational Officer Official Respondent No.8 i.e. District Collector and Official Respondent No.5 i.e. Council for the Indian School Certificate Examinations to consider and act upon the Petitioners representations, dated 29.08.2025, 01.09.2025 and 02.09.2025 in accordance with law and to conduct an independent inquiry into the incident dated 30.06.2025 and the subsequent illegal expulsion of the Petitioner by Respondent No. 11 School vide Letter Date 25.08.2025 and to take appropriate administrative and disciplinary measures against concerned Responsible Officials of Respondent No.11 and to pass….” 3. The case of the petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition is as under:- It is specific case of the petitioner that the Respondent No.11-School vide Letter dated 25.08.2025 expelled the Petitioner from Respondent No.11-School without providing any opportunity of hearing to the petitioner in spite of pendency of investigation by the Official Respondent No.10 i.e. SHO, Khairatabad PS vide FIR.No.209 of 2025 despite the direction of the Official Respondent No.6 i.e., The National Commission for Protection of Child Rights to Official Respondent No.8 i.e. District Collector and despite pendency of proceedings before Official Respondent No.7 i.e. The State Commission for Protection of Child Rights as being Arbitrary, Unconstitutional, Violative of Articles 14, 21 and 21-A of the Constitution of India and contrary to the provisions of the Right of Children to Free and Compulsory Education Act, 2009. Aggrieved by the said action of the respondents, the present Writ Petition is filed. 4. PERUSED THE RECORD: A. This Court vide its order, dated 24.10.2025 passed interim orders in favour of the petitioner in the present W.P.No.31025 of 2025 and the same is extracted hereunder:- Heard Sri Asad Hussain, learned counsel appearing on behalf of the petitioner. The petitioner approached the Court seeking prayer as under in the present I.A. No. 02 of 2025:- “………to direct the Respondent No.11 School to forthwith permit the Petitioner, Miss Rushda Osmani, to attend and participate in the regular classes of Class VIII and all academic and co- curricular activities during the pendency of this Writ Petition, and to treat her as a Bonafide student on the rolls of the School without insisting on any further conditions, formalities, or undertakings, and without subjecting her to any form of discrimination, harassment, or exclusion, and further direct the Respondent Nos 4, 5, 6, 7 8 to ensure due compliance of the same and to take all necessary supervisory measures to secure continuity of the Petitioners education…” Learned counsel appearing on behalf of the respondent No.11 upon instructions brings to the notice of this Court that the respondent No.11 at no point of time had expelled the petitioner from the respondent No.11 School and it is the petitioner herein who had not been attending the 11 th respondent School, since last week of August, 2025. The learned counsel appearing on behalf of the petitioner however disputes the same and contends that petitioner is not being permitted to attend the classes at the 11 th respondent School, since last week of August, 2025, hence, petitioner is compelled to approach this Court by filing the present I.A. Taking into consideration the submissions made by the learned counsel appearing on behalf of the petitioner and learned counsel appearing on the respondent No.11 , the petitioner is directed to attend classes regularly at the 11 th respondent School from 25.10.2025 and the respondent No.11 is directed to permit the petitioner, Miss Rushda Osmani, to attend and participate in the regular classes of Class VIII and all academic and co-curricular activities from 25.10.2025 onwards and to further treat the petitioner as a Bonafide student on the rolls of the School without insisting on any further conditions, formalities, or undertakings, without subjecting the petitioner to any form of discrimination, harassment, or exclusion. The I.A. is accordingly ordered. B. Learned counsel appearing on behalf of the respondent No.11 brings on record affidavit filed on behalf of the respondent No.11, dated 06.11.2025 and in particular para No.3 & 4 are extracted hereunder:- 3. I submit that this Hon’ble Court, in I.A.No.2 of 2025 in the present Writ Petition, was pleased to pass an interim order, dated 24.10.2025. I submit that in pursuance of the aforementioned interim order the petitioner has resumed here classes and it is submitted that she was never removed from the school’s rolls and at all material times, she continued and continues to be a bona fide student of the School. 4. I submit that the attendance of the petitioner student in compliance with the aforesaid directions of this Hon’ble Court is evident from the school and attendance registers, which duly reflect the attendance of the petitioner student and her participation in the regular academic curriculum. DISCUSSION AND CONCLUSI ON:- 5. The prayer mainly sought for by the petitioner in the present writ petition is to declare the action of the respondent No.11 in issuing impugned letter, dated 25.08.2025 for expelling/ removing the petitioner from the respondent No.11 School without providing any opportunity of personal hearing to the petitioner or on prior notice as illegal and arbitrary and to set-aside the same. 6. 6. Learned counsel appearing on behalf of the respondent No.11 upon instructions submits that respondent No.11 has no intention to expel the petitioner herein nor there had been any proceedings issued against the petitioner expelling the petitioner from the respondent No.11 School and the letter, dated 25.08.2025 issued by the respondent No.11 impugned in the present writ petition would be withdrawn subject to the condition that the petitioner would not claim any financial compensation against the respondent No.11 School in the present writ petition. 7. Learned counsel appearing on behalf of the petitioner submits that the petitioner has no intention to claim any financial compensation against the respondent No.11 in the interest of the petitioner and petitioner’s parents in the present writ petition. But, however contends that liberty may be provided to the petitioner to pursue the remedies as are available to the petitioner pertaining to the claim of the petitioner for compensation by approaching the appropriate competent Forum. 8. Taking into consideration:- a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondent No.11. c) The averments made in the affidavit filed on behalf of the respondent No.11, dated 06.11.2025 (referred to and extracted above) d) The interim orders of this Court, dated 24.10.2025 passed in favour of the petitioner in the present W.P.No.31025 of 2025 (referred to and extracted above) Bringing the submissions made by both the learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondent No.11 on record, and also the averments made at para Nos. 3 & 4 of the affidavit, dated 06.11.2025 filed on behalf of the respondent No.11 on record (referred to and extracted above), the Writ Petition is disposed of, giving liberty to the petitioner to pursue the remedies as are available to the petitioner pertaining to the claim of the petitioner, for compensation before the competent Forum However, there shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed.