A Division Bench, comprising Justices Sunil Ambwani and Bharat Bhushan, said discrimination on the ground of caste, creed, poverty or untouchability should be taken seriously.
"Any complaint of discrimination with children in a school on the ground of caste, creed or poverty and the practice of untouchability, which was abolished with the enforcement of the Constitution, must be taken seriously," the bench said in its July five order.
"In addition, the children of the country have been given fundamental right to free and compulsory primary education under Article 21-A of Constitution," the bench observed.
The court was hearing a petition filed by one Gosai Lal, a resident of Sadar area in Allahabad district, who had alleged the primary school principal "does not allow the lower caste children to sit with the upper caste children and practices untouchability in the school".
Observing that the matter "requires immediate interference", the court directed the District Magistrate and the District Basic Education Officer to transfer the principal to some other school.
Fixing August 12 as the next date of hearing, the court, however, made it clear "the transfer order will be subject to the result of the writ petition".
"If the inquiry concluded in favour of Mishra, the court may consider to re-transfer her in the same school," it said.
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