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Dismissed teacher can file writ plea for her rights: Supreme Court
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- Supreme Court has held that, teacher whose service is illegally terminated can file a writ petition in a constitutional court to protect her fundamental rights against a private unaided school.
- In its view SC said, whether government or private school, both perform public functions i.e. providing education to children in their institutions throughout India.
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- Background:(1) A Division Bench of the Calcutta High Court, acting on a writ petition filed by the teacher, had ordered the private institution to pay her back wages.(2) But the school reneged, contending that a writ petition would not be maintainable against a private unaided institution.(3) But Bench led by Justice Arun Mishra made the observations and dismiss an appeal filed by private unaided educational institution, against its former teacher.
- About writ petition:(1) Writ petitions are usually filed by citizens against the state and its agencies to protect their fundamental rights.(2) An apex court has said that, functioning of both aided and unaided educational institutions must be free from unnecessary governmental interference, the same needs to the reconciled with the conditions of employment of the employees of these institutions and provision of adequate precautions to safeguard their interests.
- Section 8(2) of the Delhi School Education Act:(1) This act to ensure that order of termination or dismissal is not passed without the prior approval of the Director of Education applies to all schools.(2) Act is one such precautionary safeguard which needs to be followed to ensure that employees of educational institutions do not suffer unfair treatment at the hands of the management.
- Way forward:(1) A public duty does not necessarily have to be one imposed by statute.(2) It may be sufficient for the duty to have been imposed by charter, common law, custom or even contract.
Source
The hindu