Allahabad High Court Grants Relief to Teacher Suspended Over Alleged Forced Religious Practices at School

The Allahabad High Court stayed the suspension of a teacher till the disposal of an enquiry which has been ordered against him on allegations that students of a government school were made to perform Islamic prayers and were forced to wear Muslim style of dress during his tenure.

"A suspension pending enquiry is heavily outweighed by the teacher's interest in continuing with his job during the course of the enquiry proceedings. Therefore, it is directed that the enquiry against the teacher Mohd. Anzar Ahmad be conducted strictly in accordance with law and shall be concluded at the earliest. Ideally, it should be completed within a period of fifteen days," Justice Manju Rani Chauhan ordered.

"Till conclusion of the enquiry, the impugned suspension shall be kept in abeyance and shall abide by the final outcome of the enquiry," the High Court added.

The allegations are that students were asked to recite Allama Iqbal’s ‘nazm’(poem) ‘lab pe aati hai dua’ before they offer their morning prayers. Students belonging to other religions too were allegedly asked to wear hijabs and skull caps.

In May this year, an enquiry was ordered into the allegations levelled by several parents of students studying in the institution. Several officials of the school were suspended from service including Mohd. Anzar Ahmad, the in-charge headmaster of the institution.

The High Court was hearing a petition filed by Ahmed praying that the suspension order passed by District Basic Education Officer, Sambhal on May 10 be quashed.

Ahmed submitted that he was granted sanctioned medical leave at the time when the alleged incident took place. It was submitted that irrespective of whether he was present in school or not during the period when students were allegedly made to offer Islamic prayers and wear Muslim dresses, still the charges framed against him do not warrant passing a major penalty order against him.

The State, on the other hand, opposed the plea saying that a chargesheet has been served upon Ahmed. It was further submitted that he was present in school on those occasions when students were asked to offer Islamic prayers and they too were dressed up in uniforms which reflected that they belonged to a particular community.

Counsel appearing for Ahmed denied all such charges. He said that his client was granted medical leave during the material period.

"Charges against Ahmed cannot be gone into at this stage. Explanation of the petitioner and the documents placed on record by him can be taken up as a defence in the departmental enquiry which would be conducted against him," the Court observed in its order dated September 7.

"During the departmental enquiry, the petitioner shall have ample opportunity to prove his innocence," the Court said.