Dr KK Aggarwal & Advocate
Ira Gupta
In an unexpected turn of
events, a plea made against the transfer of a government school teacher has
prompted the Madras High Court to direct the creation of a toll-free number to
report instances of sexual harassment and indiscipline by teachers in state
educational institutions.
Further, Justice SM
Subramaniam has also ordered that government school teachers be warned
by the state of disciplinary action if they conduct private tuitions beyond
school hours, whether on a working day or holidays. The judge opined,
“Conducting Tuition classes
after the School hours are the acts, which all are unbecoming of a public
servant and furthermore, they are taking such Tuitions / Tutorial classes for
monetary benefits. Thus, all those activities of the Teachers across the State
are to be monitored and suitable actions are to be initiated. “
The observation was made in
the backdrop of a bar on private employment under Rule 8 of the Tamil
Nadu Government Servants Conduct Rules. In view of the same, the Court
remarked,
“It is most unfortunate to
state that these Teachers are soliciting the students to join the Tuition
classes at their home or in the place organized by such Teachers. The students,
after School hours, are sometimes forced to attend the Tuition classes. Taking
of Tuition after School hours is also a misconduct. Public servant must show
devotion to his duty…”
Terming the same as a form of
indiscipline, the Court has suggested that such actions also be reported using
the toll-free number that the government has been directed to set up. This
number may also be used to make complaints regarding sexual harassment and
other issues being faced within schools. As noted in the order,
“This Court, with great
pain, records that growing instances of Sexual Harassment in Schools, Colleges
and Universities are causing greatest concern both to the parents as well as to
the society at large… The activities in the Schools are not only to be
monitored by the educational authorities, but also, to be monitored by the
parents and all other interested persons.
If any such incidences are
noticed, then the parents, public, students must be in a position to
immediately register a complaint in a Toll Free Telephone Number, which is to
be provided by the Education Department of the State. In the event of receiving
any such complaint from any person, the authorities must immediately conduct an
enquiry and find out the truth regarding the complaint. Such a system requires
an immediate implementation in order to create awareness in the minds of the
students, parents and public at large.”
While observing that teaching
is a noble public service, the Court also proceeded to castigate the
inclination of teachers to engage in public agitations. Justice Subramaniam
opined that such activities should be viewed seriously by the authorities.
“These Teachers sometimes
conducting agitations, Dharnas during the eve of public examinations in order
to threaten the “State Government” as well as the public. Such activities of
the Teachers are to be viewed seriously and constant actions in this regard are
to be taken by the competent authorities. There cannot be any leniency or
misplaced sympathy in respect of such activities, causing great damage to the
society at large as well as affecting the developments of our great Nation
through the young minds.
In view of the above observations,
the Court proceeded to issue the following directions to the state,
· Provide
Toll Free Telephone Numbers within eight weeks to enable students, parents,
interested persons, and public, in general, to register complaints regarding the
indiscipline, illegal activities, irregularities, Sexual Harassment etc., and
also in respect of the conduct of private trade business or Tuitions or
Tutorial classes by the Teachers or authorities of the Education Department.
· Display
the said Toll-Free Telephone Numbers and the details of the authorities in the
Notice Board of all the Schools, Educational institutions across the State of
Tamil Nadu prominently for public awareness
· Complaints
registered through the Toll-Free Telephone Numbers should be attended to
immediately and response action should be initiated within 24 hours from the
time of registering the complaint.
· Issue
circulars to all Educational Institutions, Schools etc. stating that the
Teachers and the public servants should not be involved in the conduct of
private tuition classes or private trade, highlighting that engagement in such
activity already constitutes misconduct under the Tamil Nadu
Governments Conduct Rules.
The main petition was
dismissed after the Court took note that the transfer being challenged would
not affect the service conditions or the normal life of the petitioner. The
petitioner, in this case, was transferred to a school that was two kilometres
away, on the request of the fourth respondent in the case, another school
employee. On suspecting that the “frivolous’ petition may have been
filed to politicise the issue, as an offshoot of personal animosity, the Court
also directed the petitioner and the fourth respondent to plant 50 saplings
within their school campus within two weeks.
In doing so, the Court also
reiterated that transfer orders cannot be challenged in a routine manner,
unless there is a statutory violation, or if there is ill intent or
arbitrariness involved. As noted in the order,
“Judicial review against
the order of transfer is certainly limited. An order of transfer can be
challenged, if the same is issued by an incompetent authority, having no
jurisdiction or an allegation of mala fides are raised or if the same is in
violation of the statutory rules in force. Even, in case of raising an
allegation of mala fides, the authority against whom such an allegation is
raised, to be impleaded as a party respondent in the writ proceedings in his
personal capacity. In the absence of any one of these legal grounds, no writ
petition can be entertained against an order of transfer in a routine manner.”
(Source: BarandBench)
Dr KK Aggarwal
Padma Shri
Awardee
President Elect Confederation of
Medical Associations in Asia and Oceania
(CMAAO)
Group
Editor-in-Chief IJCP Publications
President Heart
Care Foundation of India
Past National President
IMA
