ASHOK KUMAR YADAV Vs. PRINCIPAL, KENDRIYA VIDYALAYA, N.T.P.C., SHAKTI NAGAR, DISTRICT SONEBHADRA AND OTHERS

JUDGEMENT

(1.) A 'Guru' not only creates knowledge, learning and wisdom but he has also the obligation to build the character of his disciples and to attend to their moral and social growth. The role of a teacher is akin to that of a 'Guru' or 'Acharya'. He has to set an example of exemplary conduct and in view of the peculiar position he holds in the society, a teacher is placed on a pedestal just below the parents, if not on the same pedestal. It is, therefore, the duty of the teacher to take such care of his pupils as a careful parent would take of his children. Quite aseptically, we have before us in this petition a teacher whose services as a Trained Graduate Teacher in the Kendriya Vidyalaya Sangathan have been as he was found guilty of moral turpitude involving exhibit it of sexual behaviour towards the girl students of the School.

(2.) A complaint was made by three girl students of Class VIII of Kendriya Vidyalaya, NTPC, Shaktinagar to the Principal mentioning therein that on 6th May, 2000 after the classes were over, they were asked by the petitioner to stay back on the pretext that they had to write in their diary and while they began to record their impressions, he conducted himself in a most undesirable manner by not only catching their hands and patting them on their back but also held them tight and kissed them one by one and released them only when they slapped him. On receipt of the aforesaid complaint from the three girls, the Principal issued a memorandum dated 10th May, 2000 to the petitioner enclosing the copies of the complaints and he was asked to explain why disciplinary proceedings may not be initiated against him. The petitioner filed a reply dated 29th May, 2000 in which he admitted that he had asked some of the students to remain in the class after the school hours. In the said reply, he also not only mentioned that after the said incident he was ashamed of himself as he was not supposed to mishandle the students but he also mentioned that even though the complaints made against him were false and concocted, he was tendering unconditional apology for the alleged actions with the undertaking not to repeat such actions in future. The Education Officer, Kendriya Vidyalaya Sangathan, Patna Region was asked to conduct a preliminary inquiry against the petitioner. The Inquiry Officer interrogated the girls, their parents, teachers, Principal, Vice-Principal, girls of different classes and the petitioner and obtained their statements. In the statement made by the petitioner before the Inquiry Officer, he admitted that he had caught the girls and kissed them and the girls slapped him also for his misbehaviour.

(3.) AN order dated 16th October, 2000 was then passed by the Commissioner, Kendriya Vidyalaya Sangathan, New Delhi and the same is as follows: