HC upholds Kalyani Singh’s termination from service
The Punjab and Haryana High Court on Friday upheld the termination of Kalyani Singh’s contract as assistant professor at Post Graduate College for Girls, Sector 42.
An accused in the Sippy Sidhu murder case, Kalyani had challenged the order dated August 11, 2022, passed by UT Director of Higher Education, whereby her contract was terminated “retrospectively”.
The Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma asserted that teaching profession was “indeed noble”. Educational institutions were regarded as temples of learning and teachers as mentors or gurus. An institution could not overlook the fact that an FIR was registered against the petitioner for murder under Sections 302 and 120-B of the IPC, along with Sections 25 and 27 of the Arms Act.
“Although the petitioner is not convicted, mere pendency of such grave charges places the institution in a position where it must act to protect its reputation and the faith reposed in it by society and the parents who entrust their children’s education to its care. Allowing the petitioner to continue in her role as assistant professor under the cloud of these serious allegations would not only set a harmful precedent, but also compromise the institutions’ obligation to prioritise the best interest of students and the broader public interest. Consequently, the termination of petitioner’s service is legally justified,” the Bench asserted.
It added that educational institutions were the makers/groomers of the best personalities. They helped in grooming the physical as well as mental personalities. Normally, no institution would admit a student or faculty undergoing the trial for offence against society.
The Bench added the petitioner was arrested on June 15, 2022, in connection with the FIR registered on April 13, 2016. Her services were terminated while she was in judicial custody by an order dated August 11, 2022. It was with effect from June 15, 2022, retrospectively by relying on a clause in the engagement letter. It was stated that her work and conduct was not satisfactory on account of FIR and her arrest.
