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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
PANKAJ BHATIA
Huzaifa Khan through their Father Quayum Khan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
PANKAJ BHATIA, J.
1. Heard the counsel for the petitioner, learned Standing Counsel and Sri P. K. Sinha the counsel for the respondents no. 3 and 4.
2. The present petition has been filed by the petitioners, who are two in number through their father and natural guardian, stating that the petitioner no.1 aged about 11 years is studying at the respondent no.4 school, in Class V and the petitioner no.2 who is aged about 14 years is studying in Class IX. It is stated that both the children are outstanding sportsman and besides pursuing their studies with the respondent no.4 are also pursuing the skills in cricket and they have joined a Cricket Academy at Lucknow. It is stated that, although the petitioners have never been detained in past, have now been detained in the examination held for the session 2024-2025, in respect of the petitioner no.1 and vide progress report of the petitioner no.2 for the examination 2024-2025.
3. The contention of the counsel for the petitioner is that in terms of the prescriptions contained in the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred as 'RTE Act'), the detention of the petitioner no.1 as well as the pe
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