AI Overview...
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Para Teacher Termination for Absenteeism - Termination of teachers based on absenteeism exceeding 50% of students is governed by specific departmental resolutions which emphasize procedural fairness, including the opportunity for teachers to be heard before termination Mahila Vikas Mandal, Aurangabad VS State of Maharashtra, through Principal Secretary, School Education and Sports Department - Bombay.
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Legal Framework & Discretion - The appointment and termination of teachers involve recommendations from the College Service Commission, and the State Government retains discretion in terminating already appointed teachers, provided procedural safeguards are followed Birendra Ram VS State of Bihar - Jharkhand, Unemployed Secondary Grade Teachers Welfare Association, Society Reg. No. : 48 of 2007 VS State of Tamil Nadu, rep. by its Secretary, Department of School Education, Chennai - Madras.
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Grounds for Termination - Teachers may be terminated due to misconduct, absenteeism, or insubordination, with courts highlighting the importance of following statutory rules and principles of natural justice, especially the requirement of a fair inquiry before termination Hansraj Pandey s/o. late Mahabir Pandey vs State of Jharkhand - Jharkhand, Phriensibon Kharmuthi VS Commissioner and Secretary, Education Department, Govt. of Meghalaya - Gauhati.
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Protection of Teachers & Due Process - Termination without proper enquiry or breach of principles of natural justice can render the termination illegal. Teachers are entitled to a fair hearing, and unilateral actions like abandonment are distinguished from termination BASIC SHIKSHA PARISHAD VS RAM KISHORE - Allahabad.
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Special Cases & Statutory Rules - Non-Government teachers and those in private institutions are also subject to rules that require procedural fairness. Courts have upheld the legality of termination when procedural safeguards are maintained Phriensibon Kharmuthi VS Commissioner and Secretary, Education Department, Govt. of Meghalaya - Gauhati.
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Judicial Perspective - Courts have emphasized that termination should be based on valid grounds and following due process, and the discretion of authorities is balanced with the requirement of fairness and adherence to statutory provisions Birendra Ram VS State of Bihar - Jharkhand, Unemployed Secondary Grade Teachers Welfare Association, Society Reg. No. : 48 of 2007 VS State of Tamil Nadu, rep. by its Secretary, Department of School Education, Chennai - Madras.
Analysis and Conclusion
Termination of para teachers for absenteeism is permissible under departmental rules, provided that procedural fairness, including an opportunity to be heard, is observed. Courts recognize the discretion of authorities but stress adherence to principles of natural justice. Termination based solely on absenteeism exceeding prescribed limits can be upheld if proper procedures are followed, whereas arbitrary or unjustified dismissals are liable to be declared illegal.
Search Results for "Para Teacher Termination for Absenteesim"
2014 0 Supreme(Jhk) 1264 • India - Jharkhand
APARESH KUMAR SINGH
2000-Section 57—Matter concerning appointment of Lecturer in affiliated colleges not maintained by State Government—Appointment of Teachers ... ... (2) Recommendation for the appointment of teachers of Colleges shall be made in accordance with the following provisions :- ... (a) College Service Commission shall give its consent/recommendation for the appointment, dismissal or termination etc. of teacher of ... Dismissal, termination, removal, retirement from service or demotion in rank of tea....
2025 0 Supreme(Jhk) 1489 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Teacher, faced allegations of misconduct leading to termination. ... (A) Jharkhand Education Act - Contractual employment - Termination based on misconduct - Petitioner challenged the termination of ... (Paras 11, 13) ... ... Facts of the case: ... The petitioner was contractually engaged as a Para ... After perusal of the entire records, it appears that the petitioner was contractually engaged on the post of Para Teacher at Vyonk Malda, Gawan Block for 11 months.....
2013 0 Supreme(Bom) 2189 • India - Bombay
R.M.BORDE, RAVINDRA V.GHUGE
of services. - Termination of services of a teacher on ground of absenteeism of students beyond 50% of total strength as found during ... Resolution dated 2.5.2012, providing for derecognition of private schools and termination of services of its employees on ground ... Paragraphs 7.1 to 7.6 relate to withdrawal of recognition, whereas, conditions of service and the matters concerning termination ... heard shall be afforded to such teacher. ... of being heard shall be afforded to such ....
2005 0 Supreme(Guj) 779 • India - Gujarat
A.L.DAVE
with any such right which would entitle them to take a legal recourse in event of breach thereof - It is thus clear that a primary teacher ... Point in Issue : ... Rules - Protection under - Termination of services ... ;In absence of any statutory right suit against termination of service, not maintainable. ... (2) Does the plaintiff prove that her termination from service by an order passed on 21st March, 1983 is illegal and invalid? (3) Does the defendant prove that this Court has no jurisdiction to try this suit? ... ....
2008 0 Supreme(Gau) 655 • India - Gauhati
TINLIANTHANG VAIPHEI
Termination - Non-Government Teacher - Assam Education Department Rules - [Annexure-18] - The court discussed the legality of ... Fact of the Case: The petitioner, a non-Government teacher, challenged the termination of her services by the Managing ... The court highlighted the petitioner's appointment, transfer history, absenteeism, and insubordination, and concluded that the termination ... Managing Committee of the school, the impugned termination order is withou....
2007 0 Supreme(Bom) 1255 • India - Bombay
NISHITA MHATRE
Industrial Disputes Act, 1947 - Sections 2(j)(s), 10(1) and 11- A - Workmen - Termination of - Award of, accepted by Labour Court ... on record, petitioners school not an industry - Employee, a craft teacher in a school for mentally challenged children and sell ... - Challenged by employer - Contended that respondent, a school teacher, not a workman under Section 2(s) of Act - Considering evidence ... The labour Court observed that although the respondent was designated as a Craft Teacher, her work was not essentially th....
2014 0 Supreme(All) 1545 • India - Allahabad
D. Y. CHANDRACHUD, V. K. SHUKLA
Termination—Assistant teacher—Principle of natural justice—Applicability of—No enquiry conducted before order of termination—Opposite ... Indian Airlines Limited and others, 2013 (10) SCC 253, while considering the issue of termination of service vis.a.vis. abandonment of service, stated that termination entails positive action on the part of employer, while abandonment is unilateral action of employee and in ... , Vikas Khand Banikodar, Barabanki, run and managed by Zila Parishad, and claimant opposite....
2008 0 Supreme(Mad) 1517 • India - Madras
P.MURGESEN, P.K.MISRA
The court allowed the discretion of the State Government regarding the termination of already appointed persons but mandated that ... The court allowed the discretion of the State Government regarding the termination of already appointed persons but mandated that ... The court allowed the discretion of the State Government regarding the termination of already appointed persons but mandated that ... The apprehension that “teacher absenteeism”will be rampant if non-rural candidates are appointed, to say t....
2024 0 Supreme(Pat) 90 • India - Patna
K. VINOD CHANDRAN, HARISH KUMAR
test with consequence of termination and it even permits 'Local Bodies' Teachers to abstain from writing test – Those who qualify ... (Para 31) Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings & Service Conditions) ... , which are at par with State School Teachers recruited under the State School Teacher Rules-2023 – Even those teachers who qualify ... This provision beneficial to those Teachers, is contrary to the earlier ....
2020 0 Supreme(SC) 316 • India - Supreme Court
ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN, M.R.SHAH, ANIRUDDHA BOSE
Law – Reservation – Provision for 100% reservation to Scheduled Tribe candidates out of whom 33.1/3% shall be women for post of teachers ... Andhra Pradesh providing 100% reservation to the Scheduled Tribe candidates out of whom 33.1/3% shall be women for the post of teachers ... (Para 49) (B) Constitution of India – Para 5(1), Fifth Schedule – Powers of Governor – ... After that, nontribals who were appointed as teachers in the scheduled areas filed Writ Petition No.5276/1993 in the High Court of Andh....
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