'HC can issue writs against pvt schools for enforcement of rights of teachers'

KOLKATA: The Calcutta High Court ruled on Tuesday that Army Public Schools, which are of the class of unaided private schools run by Army Welfare Education Society, are amenable to writ jurisdiction of the High Court since they perform important public function of imparting education.

The judgement by Hon'ble Justice Shekhar B Saraf establishes the fact that it can issue writ against the private unaided schools even for enforcement of the rights and service conditions of their teachers in West Bengal.

The ruling of the court came in the wake of a petition moved by an educationist against a private unaided school at Panagarh for sudden termination of her services by the Chairman of the school.

Previously, in cases related to enforcement of service conditions by private unaided school teachers they had to approach the civil court by filing civil suits.

Mrs. Sonal Sinha, the advocate appearing on behalf of the petitioner drew the Hon'ble Court's attention specifically to the Right to Education Act and West Bengal RTE Rules which prescribed the service conditions of all school teachers and that any appeal to be preferred by a teacher against the action of a school was to be preferred to the West Bengal Administrative (Adjudication of School Disputes) Commission, a statutory creature established by the West Bengal Act XXXIV of 2008. While such Act of 2008 has been assented to by the President of India and published in the Kolkata Gazette, the same has not been notified.

However, since the Act of 2008 has not been notified, a relief before the writ court was the only efficacious remedy preferable as the Act of 2008 specifically stated that disputes between teachers and schools were not envisaged to be agitated before civil courts.

"With no alternative and efficacious remedy available, the petitioner has pressed this writ application seeking a redressal from the High Court," she pleaded.

She relied on various Supreme Court rulings to suggest that a liberal approach' had been expounded by the Court in dealing with cases which may even find its genesis inter alia out of a contract; a writ in such cases would very well lie to redress such a grievance.

The judgment has wide scale ramifications in the light that hitherto the teachers of private unaided schools were finding it extremely difficult and cumbersome to challenge the alleged illegal actions of their employers through civil suits.