Lalita Singh v. Lt Governor of NCT of Delhi and Ors

SANJIV KHANNA, J. FEBRUARY 08, 2011 kapil

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: February 8, 2011 + WP (C) No. 791 of 2011 Mrs. Lalita Singh ..... Petitioner Through: Mr.K. Venkatraman, Advocate versus Lt. Governor of Delhi and others ..... Respondents Through: Ms.Madhu Tewatia with Ms.Sidhi Arora, Advs. Resp. 2 & 3 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA 1. Whether reporters of the local papers be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ Before we advert to the nature of challenge of the order in question and the factual matrix, we have thought it seemly to dwell upon the signification of education and the role of a teacher and more so a teacher who is engaged to impart training to the mentally retarded school children, as the gravity of the role gets accentuated because of the delicate nature of duty. 2. It is worth nothing that education makes a man a complete human being in its conceptual essence and connotative continuum. In the days of yore, a realised poet Bhartruhari sang in the glory of 'Vidya' in the following terms:- "VIDYA NAAM NARASYA ROOPAMADHIKAM PRACHHANNA GUPTAM DHANAM VIDYA BHOGAKARI YAASHAH SUKHAKARIYI VIDYA GURUNAM GURUH VIDYA BANDHUJANO VIDESHGAMANE VIDYAPARAM DAIVATAM VIDYA RAJASUPUJYATE NAHI DHANAM VIDYA BIHINAH PASHUH." A free translation of the aforesaid verse would mean that education is the most resplendent exposition of a man and in it inheres the concept of quintessential treasure. It is the bedrock of all happiness, fame and pleasure. Education is the preceptor of the teacher and acts as a dear friend in travel and is the supreme God, the creative intelligence. It is education but not money which is honoured and respected in the royal assembly. For these reasons, a man without education is equated with an animal. 3. It is education, the real hidden treasure in a man, which comes to his aid. Not for nothing it has been said that the process of evolution from ignorance to knowledge, from knowledge to wisdom and from wisdom to understanding of consciousness takes place through education which is regarded as a part of divine attainment. It is education which teaches purity of mind, righteousness of conduct and truthfulness of soul. If we allow ourselves to say so, education has the potentiality of metamorphosing eternal passion to everlasting sublimation and eternal pain to permanent peace. 4. In our Shastras and traditions, the teachers or the gurus have been put on a pedestal on the basis of the principle that they had been ascribed the role AGYAN TIMIRANDHASYA GNYANANJAN SALAKYA since ages. It is the obligation of a teacher to nurture the mind of a student. The society expects and, rightly so, an impeccable conduct, sacred devotion to duty and unimpeachable behaviour from teacher. 5. With the aforesaid prefatory note, we would like to proceed to deal with the assail of the order impugned, factual score and the legal issues. The legal substantiability and acceptability of the order dated 29th November, 2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short "the tribunal") in TA No. 1480/2009 is called in question by the petitioner in invocation of jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. 6. The factual exposé, as unfurled, is that the petitioner joined one of the schools run by the NDMC for mentally retarded children, situate at Kautilya Marg, Chanakya Puri, New Delhi on 14th July, 1995 as Games- cum-Yoga teacher. As alleged, on 31st July, 2001, during the school hours, she called two mentally retarded students, in the sports room of the school and directed them to get involved in the sexual act. The concerned Principal of the school was apprised by the petitioner that she was making an effort to develop awareness of sex among the mentally retarded students. An investigation was carried out wherein the youn