Bombay High Court Upholds Termination of Teacher Over WhatsApp Messages to Students
The Bombay High Court has firmly upheld the termination of a probationary assistant teacher from a school in Raigad district, Maharashtra, for allegedly sending romantic WhatsApp messages to students. The court dismissed the teacher's appeal, emphasizing that the school management's decision was justified due to conduct unbecoming of an educator.
Court's Rationale and Observations
In a significant ruling, a single-judge bench of Justice Somasekhar Sundaresan observed that the termination was based on discomfort with the teacher's behavior outside the classroom. The court noted that the teacher, in his 30s, had been texting a student with a serious age gap, which posed adequate grounds for the management's dissatisfaction.
The court clarified that no stigma was attached to the content of the messages, as no WhatsApp chats were on record. However, it highlighted that the zero-tolerance policy adopted by the school was appropriate in this factual matrix. Justice Sundaresan stated, "The management is entitled to adopt a zero-tolerance policy... to avoid future crisis."
Background of the Case
The teacher was engaged as a probationary assistant teacher on February 29, 2020, for a three-year term. In December 2022, the school received complaints from parents about his messages to certain girl students. Following this, the teacher issued a written apology to the principal, confirming his electronic contact with the student.
The court noted that local unrest occurred, with a mob gathering over the matter, necessitating the principal's intervention to protect the teacher. On January 31, 2023, the school terminated his probation with effect from February 1, 2023, providing pay in lieu of a month's notice.
Legal Arguments and Dismissal
Advocate Sugandh Deshmukh, representing the teacher, argued that since the probation was to end in February 2023, the teacher had become a permanent employee before the notice period expired. Therefore, he contended that laws governing permanent employees should have been invoked, requiring a due inquiry and an opportunity to be heard.
The high court dismissed this plea, holding that the school management was entitled to terminate the probationer "without the entire exercise that would have been applicable to a permanent employee." The court further observed that the teacher was given a soft landing under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, without any stigma attached.
Implications and Broader Context
This ruling reinforces the importance of professional conduct for educators, especially in the digital age where communication platforms like WhatsApp can blur boundaries. The court's support for a zero-tolerance approach in cases of inappropriate behavior outside the classroom sets a precedent for similar incidents in educational institutions.
The decision also underscores the legal framework allowing schools to take swift action against probationary employees when their actions threaten the institution's integrity and community trust. By upholding the termination, the Bombay High Court has sent a clear message about the expectations from teachers in safeguarding student welfare.
