Government service matter

Dear Sir,

Issuance of a legal notice to the concerned school authorities; and

If necessary, initiation of appropriate proceedings, including a Writ Petition under Article 226 of the Constitution of India before the Karnataka High Court.

Dear Client,
Your query lacks a little bit of information. You did not disclose the name of the school board under which the school is affiliated because affiliating authority governs certain norms in the matters in addition to the administrative functions like service rules, recruitment, promotion, disciplinary action etc. If the school is affiliated under CBSE Board then its Byelaws are applicable to teaching and non-teaching staffs which was framed safeguarding their services in the school. Mental harassment at the workplace includes repeated behaviour intended to humiliate, intimidate, or undermine an employee. It may include verbal abuse, unjustified criticism, exclusion, excessive monitoring, or assigning impossible tasks that causes emotional distress, psychological trauma, or mental discomfort to the employee. Such behaviour can create a hostile work environment, impacting the targeted individual and overall workplace norms. The "right to work" has gained some recognition through judicial interpretation, particularly about the right to life as stated under Article 21 of the Constitution. The right to work prevents the removal of any person from employment or the deprivation of a person being employed, except as per the procedure established by the relevant laws. In the case of Ramesh Ahluwalia v. State of Punjab, (2012) 12 SCC 331 and St. Mary’s Education Society v. Rajendra Prasad Bhargava, 2022 SCC OnLine SC 1091, the Hon'ble Supreme Court held that a writ petition under Article 226 is maintainable against a private educational institution if it performs public functions, such as imparting education. Thus in the given scenario, serving a legal notice to the school authority, filing a writ petition before the High Court under Article 226 of the Constitution is a viable option to ensure justice in the matter. Further, if the school is a Govt. aided and the State Government also exercise administrative control over the school, then serving a legal notice to the Head of the School, you can escalate your grievance before the District Inspector of Schools or the higher authorities of the State Education Department requesting them to intervene into the arbitrary and unjustified action of the of the concerned School authority. Hence, it is recommended to consult with an experienced and senior Advocate for tailored advices and steps to secure the end of justice. If so desire, you can opt for our phone consultation for a detailed discussion on the subject to understand your rights and remedies in the given situation.