A driver who was sacked by a private school in 2003 has secured a judgment from the Supreme Court forbidding recognised schools in Delhi from dismissing any employee, including teachers, without "prior approval" of the director of education.
In its judgment on April 13, SC upheld a provision in the Delhi School Education Act 1973 that requires all recognised schools to obtain the government's approval before sacking an employee. The section — 8(2) of the DSEA 1973 — had been struck down by the Delhi high court in July 2005.
Terming the 2005 decision "bad in law", the apex court observed, "The intent of the legislature while enacting the same (Section 8(2)) was to provide security of tenure to employees of schools and to regulate the terms and conditions of their employment."
Activists said the judgment will check "victimisation" of teachers who dare to raise their voice against arbitrary and illegal decisions of private school managements.
The SC ruling is a shot in the arm for teachers such as Asha Rani, Payal Singh (name changed on request), Dinesh Chand Sharma and their colleagues. According to Asha Rani, 43, she was suspended from a school in Sector 15, Rohini, and two of her colleagues were fired for demanding full salary and benefits.
"Our salaries were being transferred to our accounts but the management took signed, blank cheques from us and withdrew the money. Our actual salaries were being paid in cash," alleges Asha Rani. About 60 teachers had filed a cheating case in 2010. Now, most have inquiries against them. "Other Rohini schools sacked teachers too or they quit under pressure. With this judgment, schools will have to first take permission from the government."
In its judgment on April 13, SC upheld a provision in the Delhi School Education Act 1973 that requires all recognised schools to obtain the government's approval before sacking an employee. The section — 8(2) of the DSEA 1973 — had been struck down by the Delhi high court in July 2005.
Terming the 2005 decision "bad in law", the apex court observed, "The intent of the legislature while enacting the same (Section 8(2)) was to provide security of tenure to employees of schools and to regulate the terms and conditions of their employment."
Activists said the judgment will check "victimisation" of teachers who dare to raise their voice against arbitrary and illegal decisions of private school managements.
The SC ruling is a shot in the arm for teachers such as Asha Rani, Payal Singh (name changed on request), Dinesh Chand Sharma and their colleagues. According to Asha Rani, 43, she was suspended from a school in Sector 15, Rohini, and two of her colleagues were fired for demanding full salary and benefits.
"Our salaries were being transferred to our accounts but the management took signed, blank cheques from us and withdrew the money. Our actual salaries were being paid in cash," alleges Asha Rani. About 60 teachers had filed a cheating case in 2010. Now, most have inquiries against them. "Other Rohini schools sacked teachers too or they quit under pressure. With this judgment, schools will have to first take permission from the government."
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