Tweet Calcutta High Court: A Division bench comprising of Uday Kumar and Soumen Sen, JJ., set aside the order of rejection and directed the Commissioner of School Education to consider the petitioner’s transfer application based on existing norms, taking into account the interests of students and without the “out of 10%” limitation. Brief Facts In the instant matter, the present appeal arises from a judgment and order dated 30-01-2023. The petitioner, an Assistant Teacher at Churamon PC High School, Uttar Dinajpur, applied for a transfer through the Utsashree Portal on three occasions. Her ap ..read more

Tweet Karnataka High Court: While deciding the instant petition where a Government School teacher was seeking bail for offences under Sections 8 and 12 of the POCSO Act, the Bench of Umesh M. Adiga, J.*, rejected the petition while strictly observing that teachers/ Gurus are considered akin to Gods in India, however due to the petitioner’s alleged actions, parents are afraid to send their girls to the school lest their name, fame and future are destroyed. The Court further observed that sexual harassment of children is not only a crime against an individual but it a crime against society. The ..read more

Tweet Karnataka High Court: M Nagaprasanna J. denied relief to a teacher (‘petitioner’) seeking  quashing of  the proceedings registered alleging offences punishable under Sections 323, 342, 109 of the Penal Code, 1860 (‘IPC’) and Sections 11 and 12 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO’). The Court, on perusing the complaint and statement under Section 164, Criminal Procedure Code held that the matter demands proper trial as prima facie ingredients of offences alleged are met. The complaint was filed by a mother of the victim child alleging that the petiti ..read more

Tweet     Calcutta High Court: The Division Bench of Subrata Talukdar and Krishna Rao, JJ. has allowed an appeal filed against the order passed by the Single Judge wherein he had refused to interfere with the order of transfer issued against the appellant by the Chairman, North 24 Parganas District Primary School Council. The appellant was initially appointed as Assistant Teacher of Primary School on 25-12-1998. On 07-10-2021 the appellant was transferred to Beraberi F.P. Primary/Junior Basic School under Habra Circle aggrieved by which appellant had preferred a Writ Application and ..read more

Tweet Karnataka High Court: H.P. Sandesh, J. allowed the petition and granted bail to the petitioner in connection with a crime registered in  Magadi Police Station, Ramanagara District, for the offence punishable under Sections 8 and 12 of the POCSO Act. The factual matrix of the case of the prosecution is that this petitioner is a PT teacher and he misbehaved with a student who is studying in 10th standard and he had indulged in the same act when she was in 8th and 9th standard also. When the victim girl was unable to tolerate the act of this petitioner, a complaint was given to the Pri ..read more

Tweet Calcutta High Court: Abhijit Gangopadhyay, J. took up a writ application which was filed praying for publishing fair and transparent merit list of Assistant Teachers in 1st State Level Selection Test 2016 (classes IX and X) in terms of 2016 Rules of recruitment including the waitlist disclosing the breakup and segregation of marks; for uploading the online application forms of the candidates in respect of 1st State Level Selection Test 2016 (Class IX and X); disclosure of the letters of appointments and to consider the candidature of the petitioner. In the petition itself the petitioner ..read more

Tweet Manipur High Court: Lanusungkum Jamir, J. allowed a petition pertaining to appointment/promotion of High School teachers. Petitioners along with respondent  3, 4, 5, 6 and 9 were elected as members of the Management Committee of the Sakhi Devi Girls High School in the General Body Meeting held on 24-10-2013. The Zonal Education Officer/Zone-1, Government of Manipur vide order dated 26-12-2013 approved the formation of the School Management Committee. Petitioner 1 submitted an objection to the ZEO, Zone-1 on 26-12-2013 against the inclusion of respondent 5 and 6 as members of the Sch ..read more

Tweet Kerala High Court: While explaining that inflicting corporal punishment on a Child by a parent or teacher is forbidden, Dr Kauser Edappagath, J., observed that, “Hurt of a less serious crime is not forbidden when inflicted in the reasonable chastisement of a child by a parent or by a school teacher.” A criminal revision petition had been filed by the sole accused on the file of Lower Court under Sections 397 read with 401 of the Code of Criminal Procedure challenging the charge framed against her. Background Accused/Revision Petitioner was the class teacher of Standard VI and de facto ..read more

Tweet Supreme Court: The Division Bench of M.R. Shah and B.V. Nagarathna*, JJ., held that the action of the selectively applying the proviso to Rule 25(a) in relation  to one person, while not applying the said proviso in relation to similarly situated persons, is arbitrary and therefore illegal. The Bench stated, “We accept the settled position of law that the rule applicable in matters of determination of pension is that which exists at the time of retirement, we are unable to find any legal basis in the action of the respondent University of selectively allowing the benefit of Rule 25 ..read more

Tweet Madhya Pradesh High Court: Sanjay Dwivedi, J., decided in the matter of a petition which was filed challenging an order whereby the petitioner had been transferred from Government Middle School Sewara-Sewari to Government Middle School, Batyawada. Counsel for the petitioner submitted that in the school where the petitioner was posted, the strength of enrolled students was 72 and the petitioner was the only teacher in that school and if he is transferred then there will be no teacher in the school as nobody has been brought in place of the petitioner. The Court was surprised about the fac ..read more