Court endorses zero-tolerance policy for electronic messaging between teachers and students outside classroom hours.
In a significant ruling, the Bombay High Court on January 20, 2026, upheld the termination of Shri. Gavit Gulabsing Suka, a probationary Assistant Teacher at Shri. Swami Vivekanand Shikshan Sanstha, Kolhapur, for engaging in inappropriate communication with a student via instant messaging. The court reinforced the management's right to enforce a zero-tolerance policy towards any form of inappropriate conduct outside the classroom, thereby affirming the termination without the need for a detailed inquiry.
The case stemmed from complaints received on December 23, 2022, from parents accusing the teacher of harassing a female student through electronic communication. Following the complaint, Suka admitted to the contact and issued a written apology. Subsequently, on January 31, 2023, the management terminated his employment effective February 1, 2023, while providing payment in lieu of notice.
Justice Somasekhar Sundaresan, presiding over the matter, highlighted that the termination was based on the probationary teacher's unsatisfactory behavior during the probation period. The court clarified that under Section 5(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, management is entitled to terminate the services of a probationary teacher if deemed unsatisfactory, without the obligation of a detailed inquiry unless the termination is stigmatic or punitive.
The court underscored the importance of maintaining professional boundaries between teachers and students, supporting the management's decision to prevent future crises by implementing a zero-tolerance policy. Justice Sundaresan noted that the teacher's written apology and lack of retraction of his admission until the tribunal proceedings signified a reasonable basis for termination without stigmatization.
While the petitioner argued for the application of procedures applicable to permanent employees, the court stressed that the statutory probation period allowed termination up to the last day of the probation period, provided the necessary notice or payment in lieu was given.
In conclusion, the court dismissed the writ petition, affirming that the management acted within its rights, and emphasized the necessity for educational institutions to uphold strict standards of conduct to safeguard students' welfare.
Bottom Line:
Termination of probationary teacher without a detailed inquiry upheld; zero-tolerance policy adopted for inappropriate communication with students outside classroom.
Statutory provision(s): Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 5(3).
