What Madras HC held to curb indiscipline, sexual harassment in Educational Institutions

In an unexpected turn of events, a plea made against the transfer of a government school teacher has prompted the Madras High Court to direct the creation of a toll-free number to report instances of sexual harassment and indiscipline by teachers in state educational institutions..Further, Justice SM Subramaniam has also ordered that government school teachers be warned by the state of disciplinary action if they conduct private tuitions beyond school hours, whether on a working day or holidays. The judge opined,.“Conducting Tuition classes after the School hours are the acts, which all are unbecoming of a public servant and furthermore, they are taking such Tuitions / Tutorial classes for monetary benefits. Thus, all those activities of the Teachers across the State are to be monitored and suitable actions are to be initiated. “.The observation was made in the backdrop of a bar on private employment under Rule 8 of the Tamil Nadu Government Servants Conduct Rules. In view of the same, the Court remarked,.“It is most unfortunate to state that these Teachers are soliciting the students to join the Tuition classes at their home or in the place organized by such Teachers. The students, after School hours, are sometimes forced to attend the Tuition classes. Taking of Tuition after School hours is also a misconduct. Public servant must show devotion to his duty…”.Terming the same as a form of indiscipline, the Court has suggested that such actions also be reported using the toll-free number that the government has been directed to set up. This number may also be used to make complaints regarding sexual harassment and other issues being faced within schools. As noted in the order,.“This Court, with great pain, records that growing instances of Sexual Harassment in Schools, Colleges and Universities are causing greatest concern both to the parents as well as to the society at large… The activities in the Schools are not only to be monitored by the educational authorities, but also, to be monitored by the parents and all other interested persons. .If any such incidences are noticed, then the parents, public, students must be in a position to immediately register a complaint in a Toll Free Telephone Number, which is to be provided by the Education Department of the State. In the event of receiving any such complaint from any person, the authorities must immediately conduct an enquiry and find out the truth regarding the complaint. Such a system requires an immediate implementation in order to create awareness in the minds of the students, parents and public at large.”.While observing that teaching is a noble public service, the Court also proceeded to castigate the inclination of teachers to engage in public agitations. Justice Subramaniam opined that such activities should be viewed seriously by the authorities..“These Teachers sometimes conducting agitations, Dharnas during the eve of public examinations in order to threaten the “State Government” as well as the public. Such activities of the Teachers are to be viewed seriously and constant actions in this regard are to be taken by the competent authorities. There cannot be any leniency or misplaced sympathy in respect of such activities, causing great damage to the society at large as well as affecting the developments of our great Nation through the young minds..In view of the above observations, the Court proceeded to issue the following directions to the state,.Provide Toll Free Telephone Numbers within eight weeks to enable students, parents, interested persons, and public, in general, to register complaints regarding the indiscipline, illegal activities, irregularities, Sexual Harassment etc., and also in respect of the conduct of private trade business or Tuitions or Tutorial classes by the Teachers or authorities of the Education Department.Display the said Toll-Free Telephone Numbers and the details of the authorities in the Notice Board of all the Schools, Educational institutions across the State of Tamil Nadu prominently for public awarenessComplaints registered through the Toll-Free Telephone Numbers should be attended to immediately and response action should be initiated within 24 hours from the time of registering the complaint.Issue circulars to all Educational Institutions, Schools etc. stating that the Teachers and the public servants should not be involved in the conduct of private tuition classes or private trade, highlighting that engagement in such activity already constitutes misconduct under the Tamil Nadu Governments Conduct Rules..The main petition was dismissed after the Court took note that the transfer being challenged would not affect the service conditions or the normal life of the petitioner. The petitioner, in this case, was transferred to a school that was two kilometres away, on the request of the fourth respondent in the case, another school employee. On suspecting that the “frivolous’ petition may have been filed to politicise the issue, as an offshoot of personal animosity, the Court also directed the petitioner and the fourth respondent to plant 50 saplings within their school campus within two weeks..In doing so, the Court also reiterated that transfer orders cannot be challenged in a routine manner, unless there is a statutory violation, or if there is ill intent or arbitrariness involved. As noted in the order,.“Judicial review against the order of transfer is certainly limited. An order of transfer can be challenged, if the same is issued by an incompetent authority, having no jurisdiction or an allegation of mala fides are raised or if the same is in violation of the statutory rules in force. Even, in case of raising an allegation of mala fides, the authority against whom such an allegation is raised, to be impleaded as a party respondent in the writ proceedings in his personal capacity. In the absence of any one of these legal grounds, no writ petition can be entertained against an order of transfer in a routine manner.“.Read the Judgment: