Institute Founded On Mahatma Gandhi's Teachings Must Treat Employees Fairly: Bombay HC Confirms Appointment Of Teacher On Probation For 7 Yrs

If an educational institution is founded on the teachings of Mahatma Gandhi, it must be treat all its employees 'fairly' without any 'exploitation', observed the Bombay High Court recently while confirming the appointment of a teacher, who was compelled to work on probation for nearly seven years. 

A division bench of Justices Ravindra Ghuge and Ashwin Bhobe noted that the petitioner Reshu Singh was appointed as an Assistant Professor at Bhartiya Vidya Bhavan's Mumbadevi Adarsh Sanskrit Mahavidyalay, on June 20, 2018 on a two year probation period. Despite her completing the two years probation, she was not confirmed which compelled her to petition the High Court. 

The bench noted that the institution - Bharatiya Vidya Bhavna's motto is "अमृतम तू विद्या" which translates as "Knowledge is Nectar." The bench further noted from the college's letterhead, which states "founded with the blessings of Mahatma Gandhi."

Taking note of the same, the bench in its May 6 order, observed, "There is no debate that Mohandas Karamchand Gandhi is the father of the nation, 'Mahatma Gandhi'. If this college is to function, inspired by the teachings of the 'Mahatma', we would expect every employee to be treated fairly and there ought not to be any exploitation."

Notably, the petitioner completed her probation period by June 2020 yet her appointment was not confirmed and then she sent multiple emails between April and October 2021 but with no response, she finally sent a formal, signed representation, again which was not responded to. 

Subsequently, the college's Principal forwarded her case to the Chairman of the Managing Committee, who after going through the records, recommended the administration in December 2021 to confirm her appointment since all the required approvals were received. Nevertheless, no letter was issued, which prompted her to petition the High Court.

In her plea, Singh relied on the University Grants Commission (UGC) Regulations, 2018, which prohibit any extension of probation beyond two years.

Having considered the facts of the case, the bench said that the conduct of the college 'shocked the judicial conscience' as despite a recommendation to confirm her appointment, she was compelled to work on probation. 

"We are intrigued that the Petitioner, who is a lady teacher, has been made to work as a Probationer for 6 years and 10 months. This also shocks our judicial conscience. A teacher cannot be treated in this way. The manner in which the Petitioner has been treated amounts to exploitation, to say the least," the judges held.

With these observations, the bench disposed of the petition. 

Appearance:

Senior Advocate JP Cama along with Advocate Aseem Naphade, Arsh Misra, Khushboo Agarwal, Ruchika and Mrunmayi appeared for the Petitioner.

Advocates Niranjan Shimpi and.Shehnaz Bharucha represented the Union of India.

Advocate Vivek Khemka represented the College. 

Case Title: Reshu Singh vs Union of India (Writ Petition 1238 of 2024)

Citation: 2025 LiveLaw (Bom) 185

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