A.
Dear Client,
DAV Public Schools in India are governed by the Dayanand Anglo-Vedic College Trust & Management Society, registered under the Societies Registration Act, 1860 and are affiliated with the Central Board of Secondary Education (CBSE). DAV schools have a code of conduct for teachers and other employees, emphasizing maintaining vegetarianism on school premises and prohibiting certain behaviors like abusive language, insubordination, and involvement in political activities. State Governments also exercise administrative control over DAV schools, including matters related to recruitment, removal, and code of conduct for employees. Even on breach of any code of conduct by an employee of DAV School, management should issue a show cause or a charge sheet seeking an explanation from the employee and conduct a departmental inquiry before taking any disciplinary action against the delinquent employee based on the proven breach of the code of conduct. An employee cannot be stopped from entering the School without a reasoned order. Thus, from the contents of the query, it prima facie appears that the action of the management is unconstitutional and impermissible under the law that infringes the constitutional right of a person as enshrined under Article 21 of the Constitution is challengeable before the High Court, by moving a petition under Article 226 of the Constitution of India seeking appropriate relief in the matter. So, it is advisable to consult with an experienced Advocate to navigate the matter correctly to meet the end of justice.
Posted On 06-Apr-2025
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