Justice Shamim gave the direction on a fresh suit filed by the affected student challenging his expulsion. The next date of hearing of the case has been fixed for October 26.

According to the petitioner, he along with five other students were accused of harassing a student. While the other five, all foreigners, were let off by the school the petitioner being an Indian was expelled.

Earlier on September 14, Justice Anil Dev Singh of the Delhi High Court, while disposing a petition by the affected student, had observed that on going by the merits of the case, the principles of natural justice seemed to have been violated and there was no compliance by the school authorities of their own rules and policies.

He had further observed that it was desirable for the school to permit the student to complete his final year of study at the school as there was no other school in Delhi that could offer a similar international programme, and, therefore, his expulsion would ruin his entire educational career.

Justice Singh had also held that the American Embassy School is not diplomatically immune and is amenable to the jurisdiction of Indian courts and the legal system. The expulsion decision of the AES was liable to be quashed, but because the writ petition against a private, non-aided and non-affiliated school filed by the expelled student was not maintainable under Article 226 of the Constitution, he was not quashing the expulsion.

However, the expelled student may avail of an appropriate alternative legal remedy for the redressal of his grievances other than by a writ petition, Justice Singh observed. Consequently, the affected student filed a fresh suit in the Delhi High Court for quashing the expulsion order.