Nov 15, 2010

by aneeshkumar
"മൂല്യമില്ലാത്ത വിദ്യാഭ്യാസം ചെകുത്താന് ആയുധം"

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basil said...

Dismissal of unpunctual headmaster upheld

The Madras High Court Bench here has quashed an order passed by School Education Department refusing to approve the dismissal of a private aided school headmaster accused of coming late regularly, not meeting the classes and issuing transfer certificates to two academically weak girl students.

Allowing a writ petition filed by the Secretary of a Government aided middle school at Visuvasapuram near Bodinayakanur in Theni district, Justice K. Chandru said that the doctrine of proportionality of punishment would not apply in cases where the misconduct of a schoolteacher had been proved.

The judge said a number of students had complained about the headmaster's unpunctuality as well as his habit of going away to his sister's house situated near the school during working hours. Each of the students, examined during an internal enquiry, had said that he invariably came to school only around 11 a.m.

“Even if there was justification for coming late on the ground that he is the authority for internal management, there is no justification for the compulsory grant of transfer certificates especially when the Government has prohibited such discontinuance of students by any private aided school,” he said.

Mr. Justice Chandru recalled that dealing with a similar case, the Supreme Court in 2003 had said: “A teacher is required to remove darkness and ignorance from the minds of the students. But present day experiences show that the teachers themselves are ill equipped and take their jobs very casually.

“No doubt, there are exceptions and those teachers who belong to the exception category are trying their best to make up the deficiency of their brothers in service. In the hands of these ill-equipped teachers, the destiny of the students does not get moulded in the way it ought to be. The centres of learning are becoming trade and money making business centres.”

In yet another judgement passed in 2008, the apex Court had warned High Courts against showing sympathy towards people accused of dereliction of duty. “The reliefs granted by the courts must be seen to be logical and tenable within the framework of the law and should not incur and justify the criticism that the jurisdiction of the courts tends to degenerate into misplaced sympathy, generosity and private benevolence,” the judgement read.

the Hindu, Dec, 8, 2010

December 9, 2010 9:47 AM
see said...

Dismissal of unpunctual headmaster upheld

The Madras High Court Bench here has quashed an order passed by School Education Department refusing to approve the dismissal of a private aided school headmaster accused of coming late regularly, not meeting the classes and issuing transfer certificates to two academically weak girl students.

Allowing a writ petition filed by the Secretary of a Government aided middle school at Visuvasapuram near Bodinayakanur in Theni district, Justice K. Chandru said that the doctrine of proportionality of punishment would not apply in cases where the misconduct of a schoolteacher had been proved.

The judge said a number of students had complained about the headmaster's unpunctuality as well as his habit of going away to his sister's house situated near the school during working hours. Each of the students, examined during an internal enquiry, had said that he invariably came to school only around 11 a.m.

“Even if there was justification for coming late on the ground that he is the authority for internal management, there is no justification for the compulsory grant of transfer certificates especially when the Government has prohibited such discontinuance of students by any private aided school,” he said.

Mr. Justice Chandru recalled that dealing with a similar case, the Supreme Court in 2003 had said: “A teacher is required to remove darkness and ignorance from the minds of the students. But present day experiences show that the teachers themselves are ill equipped and take their jobs very casually.

“No doubt, there are exceptions and those teachers who belong to the exception category are trying their best to make up the deficiency of their brothers in service. In the hands of these ill-equipped teachers, the destiny of the students does not get moulded in the way it ought to be. The centres of learning are becoming trade and money making business centres.”

In yet another judgement passed in 2008, the apex Court had warned High Courts against showing sympathy towards people accused of dereliction of duty. “The reliefs granted by the courts must be seen to be logical and tenable within the framework of the law and should not incur and justify the criticism that the jurisdiction of the courts tends to degenerate into misplaced sympathy, generosity and private benevolence,” the judgement read.

the Hindu, Dec, 8, 2010

December 9, 2010 9:50 AM

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