Private schools and the law: India

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The forcible retirement of teachers

From the archives of The Times of India 2007, 2009

Pvt schools can make teachers retire, says HC

New Delhi: The Delhi high court has held that recognised private schools can force teachers to take premature retirement, saying it ‘‘eliminates stagnation’’ and ‘‘promotes vibrancy’’ in organizations.

‘‘An order of compulsory retirement is an important tool to keep any organization vibrant and to prevent its decay by sheer weight of long standing employees who have ceased to be the dynamos to propel the organization further and for achieving its goals,’’ said justice Rajiv Sahai Endlaw.

Turning down the plea of a trained graduate teacher that there is no public interest involved in forcing her to retire, the court said schools should not be forced to continue with such person’s service at the cost of future citizens.

It held the order forcing an employee to retire could not be treated as a punishment and carries no stigma. PTI