The plea, which is listed for hearing before Justice Manmohan, has also sought quashing of her suspension by the school, Mayo International at Patparganj in east Delhi, and to forthwith allow her to attend classes.
The class 5 student was beaten on November 21 by her teacher Dolly for a "frivolous" reason, the petition filed through advocate Ashok Agarwal has said.
It has also said that when her parents objected to the same, the girl was suspended from school which refused to revoke the disciplinary action.
"The action of respondent 1 (school) in suspending the student from school is illegal, arbitrary, discriminatory, unjust, unfair, unconstitutional, anti-child and hit the provisions of the Constitution of India and is contrary to provisions of Delhi School Education Act, 1973 and the Right of Children to Free and Compulsory Education Act, 2009," the petition has said.
The petition has also said that the "school ought to have taken action against the erring teacher who has beaten up the petitioner. It is highhandedness on the part of the school that it has taken action against the innocent child.