IMPORTANT POINT
The qualification and the character of teacher is an important factor in an educational institution and if their conduct, behaviour and reputation is full of blemish that would not be for the interest and in the welfare of the students.

Headnote:SERVICE LAW-Delhi Education Code, 1965-Constitution of India-Article 30(1)-School teacher-Termination from service-Misconduct-Allegations of abusing and attempting to assault a lady Principal of appellant s educational institution in front of the school-Second incident of threatening to burn the school-Respondent placed under suspension-Director of Education revoked the suspension order and indicated that a separate enquiry will be conducted by the Directorate-Appellant s plea of applicability of Article 30(1) of the Constitution to the institution-Permission to sanction suspension sought for by the institution-Disciplinary proceedings-Respondent not cooperating-Order of termination-Writ application-Order of dismissal quashed by High Court as prior approval not taken-Appeal against-Settlement between parties-A sum of Rs. 4,50,000/- shall be paid by appellant school to respondent-Respondent not to be continued in the institution considering the long standing litigation between parties.
       Held : The allegations made against respondent-Khan are no doubt of a very serious nature and certainly if proved do not befit a teacher. The clay like mind of young children are shaped into beautiful moulds by teachers. They shape the future course of the students. To a great measure their behaviour, character, reputation leave imprints in the minds of the young children. If their conduct, behaviour and reputation is full of blemish that would not be for the interest and in the welfare of the students. Respondent-Khan has denied the allegations and has alleged bias. But we do not think it necessary to opine one way or the other. Whatever be the truth, the undisputed fact is that the litigation has continued unabated for long years. It would be neither in the interest of respondent-Khan nor the Institution if respondent-Khan is continued in the Institution. By making this observation, it is not to be construed as if we have found the allegations to be true. On the contrary, the welfare of the Institution, the reputation of respondent-Khan has been considered by us in the proper perspective. If an act or omission of an employees reflects upon his character, reputation, integrity or devotion to duty or is an unbecoming act, certainly the employer can take action against him. (Para 10)
       Without therefore deciding the contentious pleas raised by learned counsel for the parties, we direct as follows:
       (1) A sum of Rs. 4,50,000/- shall be paid within four months from today to respondent-Khan out of which Rs.4,00,000/- shall be paid by the State Government directly to respondent-Khan and the balance amount shall be paid by the Institution to respondent-Khan within the indicated time. (2) The interim order passed by this Court shall continue till payment is made. The respondent-Khan would not be entitled to any other sum in respect of his service with the Institution. On payment being made, the order of termination of his service shall become operative not on the ground indicated therein, but because of the present order. (3) This order shall not stand on the way of the respondent-Khan seeking employment elsewhere. (Para 11)

JUDGMENT

Arijit Pasayat, J.-A teacher affects the eternity. He can never tell where his influence stops; said Henry Adam. Any educational institution for its growth and acceptability to a large measure depends upon the quality of teachers.

2. Educational institutions are temples of learning. The virtues of human intelligence are mastered and harmonised by education. Where there is complete harmony between the teacher and the taught, where the teacher imparts and the student receives, where there is complete dedication of the teacher and the taught in learning, where there is discipline between the teacher and the taught, where both are worshipers of learning, no discord or challenge will arise. An educational institution runs smoothly when the teacher and the taught are engaged in the common ideal of pursuit of knowledge. It is, therefore, manifest that the appointment of teachers is an important part in educational institutions. The qualifications and the character of the teachers are really important.

3. The case at hand has some unfortunate shades as it involves alleged misconduct of a teacher and the purported desire of the management of an educational institution to keep him out of the institution to maintain the purity in educational sphere and serene atmosphere of the institution. The whole unsavoury episode started on 21.12.1995 when respondent N.I. Khan allegedly abused and attempted to assault a lady Principal of the appellant s educational institution in front of the school. That led to lodging of a First Information Report, Khan was placed under suspension on the same day. Subsistence allowance was sanctioned on 29.12.1995. A few days thereafter in a second incident, Khan allegedly picked up quarrel again the threatened to burn the school down. Again complaint was lodged at the Police Station. Thereafter began a legal battle involving not only the factual controversies, but also assertion of rights guaranteed and protected under Article 30(1) of the Constitution of India, 1950 (for short the Constitution ) and the legal battle has continued unabated and reached this Court in these appeals.

4. To continue the factual narration, on 9.2.1996 Director of Education (in short the Director ) revoked the suspension order and indicated that a separate enquiry will be conducted by the Directorate. In response thereto, started the controversies regarding applicability of Article 30(1) of the Constitution to the Institution. On 12.2.1996 the school wrote to the Director stating that he should not come to the picture as Article 30(1) of the Constitution authorized the Institution to adopt its own procedure. Few days thereafter, the Institution again wrote to the Director. Charges were issued. But on 6.3.1996 respondent-Khan claimed that he was governed by the Delhi Education Code, 1965 (in short the Code ) which was made applicable to the Andaman and Nicobar Islands with effect from 25.10.1968. On 24.6.1996, the Assistant Secretary of Education called the school authorities to attend a meeting where the school requested that suspension may be sanctioned by the Director. Permission to sanction suspension was sought for by the Institution on 2.7.1996. For about three months the Director did not respond, but threatened punitive action if the school did not settle issues positively. This was again the turning point of the controversy, because the school felt that the governmental authorities were trying to scuttle its efforts to enforce discipline and an undisciplined teacher who was undesirable in the Institution had been imposed on it.

5. On 29.10.1996, a fresh letter of suspension was issued on the ground that suspension was approved. Copy of the charges was served on respondent-Khan on 29.10.1996. He denied the charges on 8.11.1996. On 25.11.1996 one Shri Ram Lal was appointed as the Inquiry Officer but he declined to conduct the inquiry. On 26.12.1996 the Director issued instructions to the Institution to permit Khan to report

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2003 Supreme(SC) 1188

IMPORTANT POINT The qualification and the character of teacher is an important factor in an educational institution and if their conduct, behaviour and reputation is full of blemish that would not be for the interest and in the welfare of the students.

Cases Referred (5)

IMPORTANT POINT
The qualification and the character of teacher is an important factor in an educational institution and if their conduct, behaviour and reputation is full of blemish that would not be for the interest and in the welfare of the students.