HC raps ‘insensitive’ babus

Surprisingly,the said Act was never notified by the Chandigarh Administration,the UT orally informed the High Court today. It was in 1979 that Punjab had passed an Act – Punjab Privately Managed Recognised Schools (Security of Service) Act. As per the Act,an appeal pertaining to issues of appointment/ removal of teaching and non-teaching staff would lie with a School Tribunal. Although the Administration,in 1998,had adopted the Act,it was not notified. Neither the Administration came up with a School Tribunal nor an Education Tribunal (as ordered by the Supreme Court in 2002).

This came to light today during the hearing of a petition,following which the Administration was cornered by the Court. Expressing strong disapproval over the conduct of “insensitive” UT babus ,the High Court remarked that everything “exists in the air”. Justice Rajesh Bindal today issued notices to the Education Secretary and Director Public Instructions (DPI). The Administration has been asked to file an affidavit explaining the non-constitution of an Education Tribunal.

Significantly,Justice Bindal stayed the orders of DPI wherein he had ordered reinstatement of a headmistress who was removed by the managing committee of S D High school,Sector 24. The school had removed the headmistress,holding her conduct and work unsatisfactory,on September 16,2010. Aggrieved,the headmistress had filed an appeal before the DPI who on August 28,2012 set aside the orders and directed the school to reinstate the headmistress.

Advocate Puneet Gupta,counsel for the petitioner,had moved the High Court on Tuesday,challenging an order passed by the DPI wherein he had set aside the removal orders of a headmistress of the school. On Tuesday Justice Rajesh Bindal had given 24 hours to the Administration to explain non-existence of an Education Tribunal.

During the resumed hearing,senior standing counsel for the UT Administration Sanjay Kaushal apprised the High Court that the Administration does not have an Education Tribunal. During the hearing it was also brought to the notice of the High Court that an appeal against the orders of the DPI would lie before the Education Secretary. Reacting to this,Advocate Puneet Gupta contended that as per the Act adopted by Chandigarh,an appeal would lie before a School Tribunal,which the Administration never constituted.

Issuing notices to the education secretary and DPI,the High Court has given three weeks time to the Administration to clear its stand on the constitution of an Education Tribunal. In October 2002 a Constitutional Bench comprising of 11 Supreme Court Judges had passed a detailed judgment making it mandatory for all States to have an Education Tribunal. The Tribunal,as per the Supreme Court’s judgment,will decide all disputes pertaining appointment/ removal of teaching staff and other administrative decisions.

Referring to the said judgment,the Punjab and Haryana High Court on Tuesday had questioned the UT Administration as to why despite a Supreme Court order,an Education Tribunal was not set up. In its detailed judgment,the 11-Judge Constitutional Bench of the Supreme Court had held,“In the matter of day-to-day management,like appointment of staff,teaching and non-teaching and administrative control over them,the management should have the freedom and there should not be any external controlling agency. However,a rational procedure for selection of teaching staff and for taking disciplinary action has to be evolved by the management itself. For redressing the grievances of such employees who are subjected to punishment or termination from service,a mechanism will have to be evolved and in our opinion,appropriate tribunals could be constituted,and till then,such tribunal could be presided over by a judicial officer of the rank of District Judge.”

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