'Shameful Act By One Entrusted With Shaping Futures': Rajasthan High Court Confirms KVS Teacher's Dismissal For Sexual Misconduct With Student
Rajasthan High Court observed that in Indian culture and society, women are respected and honoured for the well-being of the community, and any misconduct towards them invites serious consequences.The observations were made by the division bench of Justice Vinit Kumar Mathur and Justice Ravi Chirania while rejecting the petition filed against the termination of a primary teacher at...
Rajasthan High Court observed that in Indian culture and society, women are respected and honoured for the well-being of the community, and any misconduct towards them invites serious consequences.
The observations were made by the division bench of Justice Vinit Kumar Mathur and Justice Ravi Chirania while rejecting the petition filed against the termination of a primary teacher at Kendra Vidyalaya pursuant to a disciplinary enquiry that confirmed his involvement in immoral sexual harassment and misbehavior with a child of class VI.
It was argued by the petitioner that the entire story was concocted since the petitioner objected to the private tuitions being undertaken by one school teacher who got the complaint filed by the parents of the concerned student who was studying in school at the behest of that teacher.
Further, it was argued that the concerned child's statements were recorded two times, and there were stark contradictions in those statements, which could not be relied upon by any prudent man.
After considering the contentions, the Court highlighted that there was no reason for it to disbelieve the statements of the child, since there was no enmity or reason for the child or her parents to falsely implicate the petitioner. Further, the Court stated,
“As far as the contradictions in the two statements of child “A” are concerned, we are of the view that a student of Class VI has narrated the true and correct picture of the incident and a bare perusal of the same goes to show that the act of the petitioner was immoral, deplorable and least expected of a School Teacher.”
The Court further rejected the argument of the petitioner alleging that the complaint was filed under the influence of some other school teacher. It was observed that it was hard to believe that the school teacher would take services of a small child to settle her personal scores with the petitioner.
It was also highlighted by the Court that 8 other students had also deposed against the petitioner before the enquiry committee.
“In our considered opinion, even the statement of victim child “A” is sufficient to bring home the allegations levelled against the Petitioner. However, the respondents have conducted a thorough enquiry before passing the order dated 16.10.2015.”
In this background, the Court observed that the petitioner, who was responsible for shaping the future of young students, had not only committed a shameful act, but also engaged in an immoral conduct. It was held that considering the seriousness of the allegations, no sympathy could be extended to the petitioner.
Accordingly, the petition was dismissed for lacking merit.
In the end, the Court reiterated that all the Presiding Officers shall refrain from mentioning the names of minor children in such matters while passing orders and judgments.
Title: Yatendra Kumar Nagori v The Special Secretary Cum Vice Chairperson & Ors.
Citation: 2025 LiveLaw (Raj) 395