The Allahabad High Court recently stayed the suspension of a teacher during the pendency of an enquiry against him over allegations that students at a government school were made to perform Islamic prayers and wear Muslim attire [Mohd. Anzar Ahmad v Principal Secretary Basic Education And 4 Others].

Justice Manju Rani Chauhan directed that the enquiry against the teacher, Mohd. Anzar Ahmad, be concluded strictly in accordance with law at the earliest, preferably within fifteen days.

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

According to reports, the case involves allegations that students were made to recite Allama Iqbal’s ‘nazm’ (poem) ‘lab pe aati hai dua’ before morning prayers. It is also alleged that students, including those from other faiths, were made to wear Muslim attire - hijabs for girls and skull caps for boys.

An enquiry was ordered in May, and several school officials were suspended. Those who were suspended included Mohd. Anzar Ahmad, the in-charge headmaster.

The Court was hearing a petition filed by Ahmed challenging the suspension order passed by District Basic Education Officer, Sambhal, on May 10.

Ahmad argued that he was on sanctioned medical leave when the alleged activities took place. It was also argued that in any case, the charges leveled against him would not warrant a major penalty.

In response, the State said that a chargesheet has been served upon Ahmad. It was also submitted that he was present at the school when the students were performing Islamic prayers and were wearing uniforms indicating that they belonged to a certain community.

However, counsel representing Ahmad denied the allegations and reiterated that he was on medical leave during the relevant period.

In the order passed on September 7, the Court said that charges against Ahmed cannot be examined at the present stage. It added that the explanation and the documents relied upon by Ahmed can be raised as a defence in the departmental enquiry.

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

It proceeded to close Ahmed's plea by directing that the enquiry against him be expedited. In the meantime, his suspension would remain stayed, it added.

Advocates Bhavesh Singh Jadaun, Mohd. Naushad Siddiqui and Saiyad Iqbal Ahmed represented Ahmed.

Advocate Nagendra Kumar Pandey represented the Basic Education Officer at Sambhal.

[Read Order]