SATISH CHANDRA YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) -The writ petition arises out of order dated 5th January, 2007, passed by Central Administrative Tribunal, Allahabad dismissing Original Application No. 905 of 1999 preferred by the petitioner against order of his dismissal.

(2.) THE petitioner was appointed as Post Graduate Teacher (Biology) in Kendriya Vidyalaya. I.T.I., Naini, Allahabad. A girl student, Km. Akansha Gupta through her father, made a complaint against the petitioner that he attempted to outrage modesty of his daughter whereupon the Principal of the School and Education Officer, Kendriya Vidyalaya Sangathan (Regional Office), Lucknow jointly made summary enquiry giving opportunity to the petitioner also and found the said complaint true. Exercising power under para 81 (b) of Education Code of Kendriya Vidyalaya, the Commissioner Kendriya Vidyalaya Sangathan, New Delhi terminated services of the petitioner vide order dated 24th December, 1998 and his appeal has been rejected by the Chairman, Kendriya Vidyalaya Sangathan vide order dated 7.5.1999. THE petitioner preferred an Original Application No. 905 of 1999 which has been dismissed by the Tribunal vide judgment impugned in this writ petition.

(3.) IT provides for termination of service of an employee found guilty of immoral behaviour towards students in order to maintain purity of educational institution and to create an atmosphere of confidence amongst students and parents regarding the safety of their wards. The power of termination has been conferred upon a high authority, namely, Commissioner, Kendriya Vidyalaya Sangathan and where he is satisfied that any member of the Kendriya Vidyalaya is prima facie guilty of moral turpitude or involved in sexual offence or exhibition of immoral sexual behaviour he can terminate such employee by giving one month's notice or three months' pay and allowances if the employee is temporary or permanent as the case may be and procedure of enquiry shall stand dispensed with in such a case if the Commissioner is of the opinion that holding of enquiry of such case would cause serious embarrassment to the students or their guardians or there are some other practical difficulties. We cannot be oblivious of the fact that status of a teacher in Indian Society is different. Here he has been elevated as God, namely, 'GURUR BRAHMA GURUR VISHNU GURUR DEVO MAHESHVARAH:'. A teacher creates knowledge, learning, wisdom and equip the students, girls or the boys with ability, knowledge, discipline and intellect to enable them to face challenges of their life. He is preserver of learning and destroys ignorance. Therefore, as a member of noble teaching profession he should be a role model and either individually or collectively as a community of teachers should regenerate dedication with the bend of spiritualism in broader perspective to establish quality, competence, character and capacity of the students for successful working of democratic institutions and to sustain them in their later years of life as a responsible citizen in different responsibilities. Without a dedicated and disciplined teacher even the best education system is bound to fail. Therefore, it is the duty of teacher to take care of pupils as a careful parent would take of its children. In Indian society education amongst girls even after independence is wanton due to various factors including rural, culture and other factors. Education to the girls children is national asset and foundation of fertile human resources and disciplined family management apart from their equal participation in socio-economic and political democracy. Of late people have realized and started sending their girl children to co-educational institutions under the care of proper management to look after the welfare and safety of the girls. Therefore, greater responsibility is thrust on the management of the school and college to protect young children, in particular, the chastity of girls, bring them up in discipline and dedicated pursuit of excellence and to protect them from all kinds of evils in the institution as well as outside. The teachers who are kept in-charge bear higher responsibilities and should be more careful. His character and conduct should be like Rishi and as loco parentis. IT goes thus without saying where a teacher fails to maintain such high standard is not befitted to his status."