The Madras High Court has directed the State educational authorities to redeploy and appoint three teachers of Sri Krishna Aided Primary School at Kumbakonam, where a fire accident occurred in July 2004 claiming the lives of 94 children, in other institutions depending on vacancies.
Justice P. Jyothimani passed the order on writ petitions by P. Devi, P. Anthoniammal, and R. Mahalakshmi, who prayed the court to quash a Tamil Nadu G.O. of September 2006 refusing to absorb them in other aided primary schools on the ground that a criminal case was pending against them.
The petitioners, all Secondary Grade Teachers, had been arraigned as accused in the criminal case relating to the fire accident.
Charges had been framed against them. They said the evidence of schoolchildren revealed they were taking effective steps to save the children during the accident. They themselves were injured. The official authorities said following the withdrawal of recognition, the institution did not exist. The school was a recognised private school.
Appointment, suspension and dismissal of teachers was done by the Secretary, School Committee. It was not obligatory for government to provide alternative employment to the teachers.
Mr. Justice Jyothimani said redeployment of teachers had been done in respect of those against whom there were no criminal cases. It was not as if the petitioners had been found guilty or they were detained in prison. One V. Usharani, a similarly placed teacher, had been reinstated based on the direction given by the Madurai Bench of the High Court.
In the instant case, the management itself was responsible for the unfortunate incident, in as much as it failed to provide adequate protection to the children. Therefore, the question of school committee taking action against the teachers did not arise.
The Judge said even though the charges against the three teachers were not directly attributable to them, in the sense they had deliberately involved in the killing of children, he did not want to express any opinion since the matter was pending before the criminal court. Prima facie such charge could not be the only ground for denying them reinstatement, when especially under the Tamil Nadu Recognised Private School (Regulation) Act, there was no such bar.
The government's stand, as if teachers against whom there were no criminal cases were different from those against whom cases were pending, was not acceptable. Even those teachers against whom criminal cases were not pending and deployed to some other institutions were also with the children on the date of fire accident.
There was a prima facie inquiry report by a Commission of Inquiry to show that the petitioners were not indictable. The Judge said the petitioners against whom, as on date, there was no prima facie case or indictment by the Commission, have to be directed to be redeployed in some other schools.
