Teachers can't have political links: Bombay HC

The Bombay HC while refused to strike down the order suspending a teacher because he is associated with a political party.

MUMBAI: Education should be kept away from politics, said the Bombay high court while refusing to strike down the order suspending a teacher only because he is associated with a political party.

Justice P B Majmudar and Justice P B Varale of the Nagpur bench on Thursday heard a petition filed by Shrikant Pande, a teacher at Nutan Adarsh Junior College in Umred, Nagpur district, challenging his suspension order dated November 23, 2011. Pande's advocate Anand Parchure argued that he had been suspended because he is associated with a political party. He is the president of the local unit of the BJP.

The judges said, "Prima facie, we are of the opinion that a government servant or person in employment in an educational institution is not required to have any political association or connection till he is in service." They added that if an employee was actively associated with a political organization, his political ideas may influence his teaching.

Observing that a teacher's role is to impart education to students in an impartial manner, the judges said the suspension order couldn't be struck down by holding that Pande was free to continue his political activities along with his teaching job.

``So far as education is concerned, it should be kept away from politics and educational field should not be allowed to be polluted in any manner by bringing in politics. There are some institutions, which are required to be kept away from politics and academic institution is one of such institutions," the judges said, while dismissing the petition.

The suspended teacher's lawyer said there was nothing in the service rules which prevented a teacher from actively associating with a political party. Parchure said Pande's work as president of the local unit of the political party was not in conflict with his duties as a teacher.
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He pointed out that there are many teachers, who are office-bearers of political parties and even in the state legislative assembly, there is a constituency of teachers.

The assistant government pleader said that as per the code of conduct under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, a teacher cannot be allowed to have affiliation with any political party.

The college's advocate, N A Jachak, said it wants to hold a departmental inquiry about certain allegations levelled against Pande due to his political activities.
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