IMRAN ABBASS Vs. CATHOLIC DIOCESE OF LUCKNOW

JUDGEMENT

(1.) Imran Abass and Rehman Abbass, the two minor sons of Smt. Mahboob Zahra were studying in a Christian Minority Institution, namely, Cathedral School, Lucknow, in the last academic session i.e. 1995-96. Imran Abbass was student of class VIC while Rehman Abbass was student of class VID.

(2.) It is said that petitioner no. 1, namely, Imran Abbass due to ailment could not appear in the final examinations which were held in the month of March as a consequence whereof he was declared failed. A request for promoting the petitioner no. 1 in the next class was made as the petitioner no. 1 could not appear in the examination on account of ill-health but the same was turned down. It is alleged that opposite party no. 3 was annoyed with the father of the petitioner, namely, Syed Ehsan Abbass, Advocate, who was appearing as a Counsel for opposite party No. 3 in various case pending in the Court of law. He had made a demand for payment of his fee-bills and for this reason his son, Imran Abbass was denied promotion. It is further stated that to create a ground to support his illegal act of not giving promotion to the petitioner, opposite party no 3 lodged a false FIR on 24-4-1996 against Syed Eshan Abbass alleging therein that on 24-4-1996 he entered in the office of the principal and demanded that his son be promoted to Class VII or a Transfer Certificate be issued showing that his son had passed Class VI and on being refused to accede to the offer made by Syed Ehsan Abbass, he misbehaved with the principal and physically assaulted the office-in-charge and further threatened him with dire consequences.

(3.) On 8/05/1996 the opposite party no. 3 terminated the studies of Imran Abbas and Rehan Abbass sons of Syed Ehsan Abbass and their names were struck from the Rolls of the School. Further by the said order, Syed Ehsan Abbass was declared as a 'persona non-grata' having no authority to enter the school premises.