# Indra Devi v. State Of U.P. & Ors

- **Citation:** (2025) 12 ILRA 259
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-12-02
- **Case number:** Writ A No. 14242 of 2025
- **Bench:** Prakash Padia
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/indra-devi-v-state-of-u-p-ors-52828
- **Pages:** 12

## Text

12 All. Indra Devi Vs. State Of U.P. & Ors.
259
case as the findings recorded regarding the
circular dated 29.03.2011 issued by the
ICAR, stated to be applicable regarding
eligibility criteria/qualifications, in the
appointment of the Program-Coordinator of
K.V.K. of the respondent-university, is
nonest, therefore, the whole order is
erroneous and ambiguous.

31. Consequently, the resolution dated
19.11.2025 sent by Secretary, Board of
Management to the State Government for
its approval are hereby quashed.

32. The matter is relegated back to the
Board of Management of respondentuniversity to take, a fresh decision, in light
of the aforesaid observations, within period
of eight weeks, from the date of this order.

33. The decision shall be taken strictly
in accordance with the provisions of the
Act 1958 as well as the settled propositions
of law, up till date.

34. With the aforesaid observations,
the present writ petition is hereby allowed.

35. Till the decision is taken, no
further proceedings with respect to the
appointment of the post of Program
Coordinator, against which the selection
committee has recommended the name of
petitioners for appointment, shall be done.
----------
(2025) 12 ILRA 259
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 02.12.2025

BEFORE

THE HON'BLE PRAKASH PADIA, J.

Writ A No. 14242 of 2025
&
Writ A No. 15566 of 2025
Indra Devi ...Petitioner
Versus
State Of U.P. & Ors. ...Respondents

Issue for consideration
 Whether the petitioners are bound to be
suspended on the ground that they were not
found in the institution at the time of
inspection?

Headnotes
A. Service Law - The Right of Children to
Free and Compulsory Education Act,
2009 has already promulgated by the
Central Government in the year 2009
according to which right to education to
the children is a fundamental right. In
case
teachers
will
not
attend
the
institution within time it will frustrate
the mandate of the Act, 2009 and the
children will be deprived off from this
fundamental rights guaranteed u/Article
21-A of the Constitution of India which
was inserted in to the Constitution by means
of the Constitution (86 Amendment) Act, 2002
which mandate every State to provide free
and compulsory education to all children in
the age group of 6 to 14 years. It is well
known fact that in large number of primary
institutions throughout the State of U.P.,
teachers are not attending the institution on
time. It is obligation on the State to ensure
imparting unbarred education to children
belonging to the primary institutions. (Para
31)

B. The reverence accorded to teachers
in Indian culture is not merely symbolic
but reflects a deep seated recognition
of their transformative role. From the
ancient Gurukula system to present day
educational
frame
work
teachers
have
consistently carried forward the legacy of
knowledge, values and ethical conduct. Any
dilution of the status, dignity of teachers
would have far reaching consequence not
only for students but society at large. (Para
30)

In this view of the matter and also in the
interest of justice, without interfering with
the orders of suspension, which are under
260 INDIAN LAW REPORTS ALLAHABAD SERIES
challenge in the present writ petitions, writ
petitions are disposed of with a direction to
the disciplinary authority to conclude the
disciplinary proceedings initiated against
them most expeditiously and positively
within a period of two months from the
date of receipt of certified copy of this
order. (Para 32)

Writ petitions disposed of. (E-4)

Case Law Cited
1. Avinash Nagra Vs. Navodaya Vidyalaya Samiti
and Others, (1997) 2 SCC 534 (Para 23)
2. Andhra Kesari Educational Society Vs.
Director of School Education And others, (1989)
1 SCC 392 (Para 24)
3. Sukh And Others Vs. State of Rajasthan And
others, 1989 Supp (2) SCC 189 (Para 25)
4. Manager, Nirmala Senior Secondary School
Port Blair Vs. N.J. Khan and others, (2003) 12
SCC 84 (Para 26)
5. Sushmita Basu and others Vs. Ballygunge
Siksha Samity and others, (2006) 7 SCC 680
(Para 27
6. Har Pal Singh and others Vs. State of U.P. and
others, 2011 SCC Online All 3523 (Para 28)
7. Parimal Kumar and others Vs. State of
Jharkhand and others, 2025 SCC OnLine SC 210
(Para 29)

List of Acts
 The Right of Children to Free and Compulsory
Education Act, 2009; The Constitution of India.

List of Keywords
 suspension, inspection, teacher, fundamental
right, constitution of India.

Appearances for Parties
For Petitioner(s): Harsh Narayan Singh,
Prabhakar Awasthi
For Respondent(s): C.S.C., Rajesh Khare

(Delivered by Hon'ble Prakash Padia, J.)

1. Teachers are essential members
of our society. They are pillars of
knowledge, shaping the future of our
kids-they
are
educators,
mentors,
guides, and inspirations.

2. According to Dr Radhakrishnan,
the success of the educational process
depends considerably on the teacher,
for it is the teacher who has to implant
alms, and to build the character of the
students.

3. Mahatma Gandhi, the Father of
the Nation has stated that "a teacher
cannot be without character. If he lacks
it, he will be like salt without its
savour. A teacher must touch the hearts
of his students.

4. The aforesaid writ petitions
have been filed challenging the order
dated
30.08.2025
and
11.07.2025
respectively passed by the District
Basic Education Officer, by which the
petitioners
in
the
aforesaid
writ
petitions
have
been
placed
under
suspension on the ground that they
were not found in the institution at the
time of inspection.

5. Since the controversy involved
in all the above writ petitions are
similar hence these are being decided
by a common order.

6. While entertaining the Writ
Petition
No.14242
of
2025,
observations were made by this Court
vide order dated 16.10.2025 that Court
is flooded with the matters pertaining to
the attendance and non-attendance of
teachers
in
primary
educational
institutions. It was further observed that
without proper attendance of teachers as
well as staff of the primary institution,
the purpose of the Right of Children to
Free and Compulsory Education Act,
2009 will be frustrated. Ultimately the
following observations were made by
this Court on 16.10.2025:-
12 All. Indra Devi Vs. State Of U.P. & Ors.
261

"9. The State Government has
made a policy to check the institution in
respect of quality teaching in the
institution primary school of U.P. State
as digital attendance and constituting..
Task Force at District Level and Block
Level.

10. The District Magistrate
and Basic Siksha Adhikari shall submit
reports about the District Level Task
Force and Block Level Task Force for
inspection to ensure quality education.

11. For monitoring teachers'
attendance, a Government Order (G.O.)
regarding attendance digitalization and
related
work
has
been
issued,
permitting the process to be carried out
digitally but the same is not on ground.

12. A self-disciplined person
as a teacher, their conduct should not
be regulated by any statute even then,
the State Government, in respect of the
absence
of
teachers
and
quality
education, adopted policy. There are
many cases of teachers coming to the
Court due to the absence of teachers
and action has been taken by the
authority. On the other hand, some
teachers are coming to the institution
treating it not only as a job but also as
a pious obligation and are teaching in
the
institution,
so
they
are
overburdened, and it also affects the
violation of the fundamental right
provided under Article 14 of the
Constitution.

13.
The
Chief
Secretary,
Government of U.P., as well as the
Additional
Chief
Secretary,
Basic
Education; Additional Chief Secretary
of Social Welfare Department and
Additional/Principal
Secretary,
Minority Department, Director General
of Schools Education of Government of
U.P.
Lucknow;
Director,
Basic
Education,
Lucknow;
Additional
Director, Basic Education, Prayagraj
Government of U.P. and District Basic
Education Officers are directed to come
up with certain rules and regulations
for ensuring the presence of the
teachers in the institution from the
beginning as well as up to the end of
the period of a day which is fixed for
teaching for children of poor villagers
residing in rural areas. "

7. Pursuant to the order passed by
this
Court,
instructions
dated
28.11.2025 is placed before this Court
by Shri Abhishek Srivastava, learned
Chief Standing Counsel appearing on
behalf of State-respondent, the same
is taken on record. Paragraph-4 of the
aforesaid
instructions
reads
as
follows:-

"4. मुख्य सकिर्, उ0प्र0 शासन की अध्यक्षता
में सम्पन्न उक्त बैठक किनांक 30.10.2025 में कलए गये
कनणवय के क्रम में शासन के कायावलय ज्ञाप संख्या-
1/1134710/2025-68-5005/6/2025
किनाक
06.11.2025 (छायाप्रकत सलग्न) द्वारा अपर मुख्य सकिर्,
बेकसक कशक्षा कर्भाग, उत्तर प्रिेश शासन की अध्यक्षता में
प्राथकमक एर्ं उच्ि प्राथकमक कर्द्यालयों के अध्यापकों की
उपकथथकत सुकनकित करने के संबंध में सुकर्िाररत प्रथतार्
उपलब्ध कराने हेतु एक सकमकत का गठन ककया गया। उक्त
सकमकत की बैठक किनांक 13.11.2025 में कलये गये कनणवय
के अनुसार प्रकरण में आर्श्यक कायवर्ाही सुकनकित करायी
जायेगी।
उक्त
बैठक
से
संबकधत
कायवर्ृत्त
किनांक
27.11.2025 संलग्न है।"

8.
Pursuant
to
the
aforesaid
meeting of Committee was held on
13.11.2025 in which the following
decision was taken:-
262 INDIAN LAW REPORTS ALLAHABAD SERIES

9. In this view of the matter, it is
argued that policy decision has already
been taken by the State-Government to
prepare the policy for digital attendance of
teaching and non-teaching staff in the
primary institution.

10. Heard learned counsel for the
petitioner, Sri Abhishek Srivastava, learned
Chief Standing Counsel for the respondentState and Sri Rajesh Khare, learned counsel
for the respondent no.3-District Basic
Education Officer, Banda as well as Sri
Hare Ram Tripathi, learned counsel for the
respondent-Basic
Education
Officer,
Etawah in the connected writ petition.

11. Importance of teacher (Guru) as
has been mentioned in the Brahmanda
Puran reads as follows:-

"Guru is Shiva sans his three
eyes,

Vishnu sans his four arms

Brahma sans his four heads.

He is parama Shiva himself in
human form"

12. Guru is the God, say the scriptures.
Indeed, the guru in the Vedic tradition is
looked upon as one not less than God.
"Guru" is an honorific designation for a
preceptor, or teacher, as defined and
explained variously in the scriptures and
ancient literary works, including the
epics; and the Sanskrit term has been
adopted by English, as well. The
Concise Oxford Dictionary of Current
English defines a guru as "Hindu
spiritual teacher or head of religious
sect;
influential
teacher,
revered
mentor." The term is well known around
the world, used to refer to a teacher of
particular skill and talent.
12 All. Indra Devi Vs. State Of U.P. & Ors.
263

13. Scriptural definitions aside, gurus
are quite real more so than the gods of
mythology. Basically, the guru is a spiritual
teacher leading the disciple on the path of
"god-realization." In essence, the guru is
considered a respected person with saintly
qualities who enlightens the mind of his
disciple, an educator from whom one
receives the initiatory mantra, and one who
instruets us in rituals and religious
ceremonies.

14. The Vishnu Smriti and Manu
Smriti
contains
regards
to
Acharya
(teacher), along with the mother and the
father, as the most venerable gurus of an
individual. According to Deval Smriti,
there can be eleven kinds of gurus, and
according to Nama Chintamani, ten.
Depending on his functions, the guru is
categorized as rishi, acharyam, upadhya.
kulapati or mantravetta.

15. The Upanishads have profoundly
underlined the role of the guru. Mundak
Upanishad says that to realize the supreme
godhead holding samidha grass in his
hands, one should surrender himself before
the guru who knows the secrets of Vedas.

16. Spiritual works, his sphere of
instruction soon included subjects like
Dhanurvidya (archery), Arthashastra
(economies)
and
even
Natyashastra
(dramatics) and Kamashastra (sexology).

17. Such was the ingenuity of the allpervading intellect of the ancient Acharyas
that they included even shastra, like
thievery,
Shudrakar's
celebrated
play.
Mricchakatikam tells the story of Acharya
Kanakashakti, who formulated the Chaurya
Shastra, or the science of thievery, which
was further developed by gurus such as
Brahmanyadeva,
Devavrata,
and
Bhaskarnandin.

18. Gradually, the institution of
Gurukula, or in-forest-hermitage became a
system in which where disciples learned at
the feet of guru for long years. The great
urban
universities
at
Takshashila,
Vikramashila, and Nalanda essentially
evolved from these tiny gurukulas tucked
away in deep woods. If we have to believe
the records of Chinese travelers who visited
Nalanda at that time, around 2700 years
ago, there were more than 1,500 teachers
teaching various subjects to more than
10,000 students and monks. These great
universities were as prestigious in their
time as Oxford or MIT universities are
today.

19. Ancient scriptures and literary
works make many references to gurus as
well as their disciples.

20. The most popular legend, found in
the Mahabharate, is the story of Ekalavya,
who, after being rejected by the teacher,
Dronacharya, went into the forest and made
a statue of his teacher. Treating the statue
as his guru, with great devotion Ekalavya
he taught himself the art of archery, soon
exceeding the skills of even the guru
himself.

21. In the Chandogya Upanishad, we
meet an aspiring disciple, Satyakama, who
refuses to tell lies about his caste in order to
get an admission in the gurukula of
Acharya Haridrumat Gautam.

22. And in the Mahabharata, we come
across Karna, who did not bat an eyelid
while telling Parashurama that he belonged
to the Bhrigu Brahmin caste, just in order
264 INDIAN LAW REPORTS ALLAHABAD SERIES
to obtain the Brahmastra, the supreme
weapon.

23.
Apart
from
the
same,
the
functioning of teacher and importance of
teaching has been dealt with from time to
time in large number of cases which can be
seen in the observations of the Hon'ble
Apex Court. In the case of Avinash Nagra
Vs. Navodaya Vidyalaya Samiti and
Others reported in (1997) 2 Supreme
Court Cases 534 held that the success of
the
educational
process
depends
considerably on the teacher, the teacher is
the primary functionary to transmit the
intellectual and ethical values to the young.
He should encourage the attitude of free
enquiry and rational reflections. The
relevant portion of the aforesaid judgment
namely paragraph nos.9 to 11 reads as
follows:-

"9. On the functions of a teacher,
at p. 133, according to Dr Radhakrishnan,
the success of the educational process
depends considerably on the teacher, for it
is the teacher who has to implant alms, and
to build the character of the students.
According to Laski, at bottom of the
education, the quality of a university is
always in direct proportion to the quality of
its teacher. A good teacher is one who
knows his subject, is enthusiastic about it
and one who never ceases to learn.
Communication with the students and sense
of commitment to his work are necessary. A
good teacher, therefore, according to Dr
Radhakrishnan, is one who is objective,
just, humble and is open to correction.
According to Whitehead the teacher must
be a self-confident learned man. The
teacher,
therefore,
is
the
primary
functionary to transmit the intellectual and
ethical values to the young. He should
encourage the attitude of free enquiry and
rational reflections. The teacher should try
to remove the leaden weights of pride and
prejudice, passion and desire which are
likely to cloud a student's vision. The
devoted teacher is not only concerned with
the child's intellectual development but also
has the obligation to attend to his moral,
emotional and social growth as well.

10. Mahatma Gandhi, the Father
of the Nation has stated that."a teacher
cannot be without character. If he lacks it,
he will be like salt without its savour. A
teacher must touch the hearts of his
students. Boys imbibe more from the
teacher's own life than they do from books.
If teachers impart all the knowledge in the
world to their students but do not inculcate
truth and purity amongst them, they will
have betrayed them". Shri Aurobindo has
stated that "it is the teacher's province to
hold aloft the torch, to insist at all times
and at all places that this nation of ours
was founded on idealism and that whatever
may be the prevailing tendencies of the
times, our children shall learn to live
among
the
sunlit
peaks".
Dr
S.
Radhakrishnan has stated that "we in our
country look upon teacher as gurus or, as
acharyas. An Acharya is one whose aachar
or conduct is exemplary. He must be an
example of Sadachar or good conduct. He
must inspire the pupils who are entrusted to
his care with love of virtue and goodness.
The
ideal
of
a
true
teacher
is
andhakaraniridhata gurur itya bhidhiyate.
Andhakar
is
not
merely
intellectual
ignorance, but is also spiritual blindness.
He who is able to remove that kind of
spiritual blindness is called a guru. Are we
deserving the noble appellation of an
acharya or a guru?" Swami Vivekananda
had stated that "the student should live
from his very boyhood with one whose
character is a blazing fire and should have
12 All. Indra Devi Vs. State Of U.P. & Ors.
265
before him a living example of the highest
teaching. In our country, the imparting of
knowledge has always been through men of
renunciation. The charge of imparting
knowledge should again fall upon the
shoulder of Tyagis".

11. It is in this backdrop,
therefore, that the Indian society has
elevated the teacher as "Guru Brahma,
Gurur Vishnu, Guru Devo Maheswaraha".
As Brahma, the teacher creates knowledge,
learning, wisdom and also creates out of
his students, men and women, equipped
with ability and knowledge, discipline and
intellectualism to enable them to face the
challenges of their lives. As Vishnu, the
teacher is preserver of learning. As
Maheswara,
he
destroys
ignorance.
Obviously, therefore, the teacher was
placed on the pedestal below the parents.
The State has taken care of service
conditions of the teacher and he owes dual
fundamental duties to himself and to the
society. As a member of the noble teaching
profession and a citizen of India he should
always
be
willing,
self-disciplined,
dedicated with integrity to remain ever a
learner of knowledge, intelligently to
articulate and communicate and imbibe in
his students, as social duty, to impart
education, to bring them up with discipline,
inculcate to abjure violence and to develop
scientific temper with a spirit of enquiry
and reform constantly to rise to higher
levels in any walk of life nurturing
constitutional Ideals enshrined in Article
51-A so as to make the students responsible
citizens of the country. Thus the teacher
either individually or collectively as a
community of teachers, should regenerate
this dedication with a bent of spiritualism
in
broader
perspective
of
the
constitutionalism with secular ideologies
enshrined in the Constitution as an arm of
the State to establish egalitarian social
order under the rule of law. Therefore,
when the society has given such a pedestal,
the
conduct,
character,
ability
and
disposition of a teacher should be to
transform the student into a disciplined
citizen, inquisitive to learn, intellectual to
pursue in any walk of life with dedication,
discipline and devotion with an enquiring
mind but not with blind customary beliefs.
The education that is imparted by the
teacher determines the level of the student
for the development, prosperity and welfare
of the society. The quality, competence and
character of the teacher are, therefore,
most significant to mould the calibre,
character and capacity of the students for
successful
working
of
democratic
institutions and to sustain them in their
later years of life as a responsible citizen in
different
responsibilities.
Without
a
dedicated and disciplined teacher, even the
best education system is bound to fail. It is,
therefore, the duty of the teacher to take
such care of the pupils as a careful parent
would take of its children and the ordinary
principle of vicarious liability would apply
where negligence is that of a teacher. The
age of the pupil and the nature of the
activity in which he takes part are material
factors
determining
the
degree
and
supervision demanded by a teacher."

24. The Role of teacher has again been
reiterated by the Hon'ble Apex Court in
paragraph-20 of the judgment in the case of
Andhra Kesari Educational Society Vs.
Director of School Education And others
reported in (1989) 1 Supreme Court
Cases 392. Paragraph-20 of the aforesaid
judgment reads as follows:-

"20. Before parting with the case,
we should like to add a word more. Though
teaching is the last choice in the job
266 INDIAN LAW REPORTS ALLAHABAD SERIES
market, the role of teachers is central to all
processes of formal education. The teacher
alone could bring out the skills and
intellectual capabilities of students. He is
the "engine" of the educational system. He
is a principal instrument in awakening the
child to cultural values. He needs to be
endowed and energised with needed
potential to deliver enlightened service
expected of him. His quality should be such
as would inspire and motivate into action
the benefiter. He must keep himself abreast
of everchanging conditions. He is not to
perform in a wooden and unimaginative
way.
He
must
eliminate
fissiparous
tendencies and attitudes and infuse nobler
and national ideas in younger minds. His
involvement in national integration is more
important, indeed indispensable. It is,
therefore, needless to state that teachers
should be subjected to rigorous training
with rigid scrutiny of efficiency. It has
greater relevance to the needs of the day.
The ill-trained or sub-standard teachers
would be detrimental to our educational
system; if not a punishment on our
children.
The
Government
and
the
University must, therefore, take care to see
that inadequacy in the training of teachers
is not compounded by any extraneous
consideration."

25. In the case of Sukh And Others
Vs. State of Rajasthan And others reported
in 1989 Supp (2) Supreme Court Cases
189, it was held that the primary school
teachers are of utmost importance in
developing a child's personality in the
formative
years.
Paragraph-7
of
the
aforesaid judgment, reads as follows:-

"7.
These
observations
are
equally relevant to primary school teachers
with whom we are concerned. The primary
school teachers are of utmost importance
in developing a child's personality in the
formative years. It is not just enough to
teach the child alphabets and figures, but
much more is required to understand child
psychology and aptitudes. They need a
different approach altogether. Only trained
teachers could lead them properly. The
untrained teachers can never be proper
substitute to trained teachers. We are,
therefore, unable to give any relief to the
petitioners."

26. Hon'ble Apex Court in the case of
Manager, Nirmala Senior Secondary
School Port Blair Vs. N.J. Khan and
others reported in (2003) 12 Supreme
Court Cases 84 has held that a teacher
affects eternity and Educational institutions
are temples of learning. Paragraph Nos.1, 2
and 10 of the aforesaid judgment reads as
follows:-

"1. A teacher affects eternity. He
can never tell where his influence stops;
said
Henry
Adam.
Any
educational
institution for its growth and acceptability
to a large measure depends upon the
quality of teachers.

2. Educational institutions are
temples of learning. The virtues of human
intelligence are mastered and harmonised
by education. Where there is complete
harmony between the teacher and the
taught, where the teacher imparts and the
student receives, where there is complete
dedication of the teacher and the taught in
learning, where there is discipline between
the teacher and the taught, where both are
worshippers of learning, no discord or
challenge will arise. An educational
institution runs smoothly when the teacher
and the taught are engaged in the common
ideal of pursuit of knowledge. It is,
therefore, manifest that the appointment of
12 All. Indra Devi Vs. State Of U.P. & Ors.
267
teachers
is
an
important
part
in
educational institutions. The qualifications
and the character of the teachers are really
important.

10. The allegations made against
respondent Khan are no doubt of a very
serious nature and certainly if proved, do
not befit a teacher. The clay-like minds of
young children are shaped into beautiful
moulds by teachers. They shape the future
course of the students. To a great measure
their behaviour, character, reputation
leave imprints in the minds of the young
children. If their conduct, behaviour and
reputation is full of blemish that would not
be for the interest and in the welfare of the
students. Respondent Khan has denied the
allegations and has alleged bias. But we do
not think it necessary to apine one way or
the other. Whatever be the truth, the
undisputed fact is that the litigation has
continued unabated for long years. It would
neither be in the interest of respondent
Khan nor the institution if respondent Khan
is continued in the institution. By making
this observation, it is not to be construed as
if we have found the allegations to be true.
On the contrary, the welfare of the
institution, the reputation of respondent
Khan has been considered by us in the
proper perspective. If an act or omission of
an employee reflects upon his character,
reputation,. Integrity or devotion to duty or
is an unbecoming act, certainly the
employer can take action against him. In
this context, reference may be made to the
following observations of Lopes, C.J. in
Pearce v. Foster (QBD at p. 542):

"If a servant conducts himself in
a way inconsistent with the faithful
discharge of his duty in the service, it is
misconduct
which
justifies
immediate
dismissal. That misconduct, according to
my view, need not be misconduct in the
carrying on of the service of the business. It
is sufficient if it is conduct which is
prejudicial or is likely to be prejudicial to
the interests or to the reputation of the
master, and the master will be justified, not
only if he discovers it at the time, but also if
he discovers it afterwards, in dismissing
that servant."

This view was reiterated by a
three-Judge Bench of this Court in Union
of India v. K.K. Dhawan reported in (1993)
2 SCC 56 and Indian Rly. Construction Co.
Ltd. v. Ajay Kumar reported in (2003) 4
SCC 579."

27. In the case of Sushmita Basu and
others Vs. Ballygunge Siksha Samity and
others reported in (2006) 7 Supreme Court
Cases 680 it was held that the profession of
teaching is a noble profession and teacher
fulfils a great role in the life of the human.
He is the "Guru". Paragraph-5 of the
aforesaid judgment reads as follows:-

"We must remember that the
profession
of
teaching
is
a
noble
profession. It is not an employment in the
sense of it being merely an earner of bread
and butter. A teacher fulfils a great role in
the life of the nation. He is the "guru". It is
the teacher, who moulds its future citizens
by imparting to his students not only
knowledge, but also a sense of duty,
righteousness and dedication to the welfare
of the nation, in addition to other qualities
of head and heart. If teachers clamour for
more salaries and perquisites, the normal
consequence in the case of private
educational institutions, if the demand
isconceded, would be to pass on the burden
to the students by increasing the fees
payable by the students. Teachers must ask
themselves whether they should be the
268 INDIAN LAW REPORTS ALLAHABAD SERIES
cause for putting education beyond the ken
of children of parents of average families
with
average
incomes.
A
teacher's
profession calls for a little sacrifice in the
interests of the nation. The main asset of a
teacher is his students, former and present.
Teachers who have lived up to ideals are
held in great esteem by their disciples. The
position of the guru, the teacher, in our
ethos is equal to that of God (Matha Pitha
Guru Daivam). The teachers of today must
ensure that this great Indian concept and
the reverential position they hold, is not
sacrificed at the altar of avarice."

28. In the case of Har Pal Singh and
others Vs. State of U.P. and others
reported in 2011 SCC Online All 3523, it
has been held by the Division Bench of this
Court that from time immemorial in our
Indian Culture and socieity a teacher has
been the most revered person. Paragraph
Nos.1 to 7 of the aforesaid judgment reads
as follows:-

"1. From time immemorial in our
Indian culture and society a teacher has
been the most revered person, which would
be seen from the following verse:

"Gurur brahma Gurur vishnu
Gurur devo maheshwara Guru sakshat
parabrahma tasmai shri gurave namaha
akhanda mandalakaram yena characharam
vyaptam darshitam yena tasmai shri gurave
namaha" tat padam

2. When translated in English it
means

"Guru is Brahma Guru is Vishnu
Guru is Shiva. The true Guru is the
Highest, formless God. I prostrate before
the holy Guru. The unbounded is the
endless canopy of the sky, the omnipresent
in all creation, both animate and inanimate
I bow to Sri Guru who reveals to us the
ultimate reality"

3. The famous saint Kabir in the
15 Century eulogised the teacher the
following couplet

"Guru Govind dou khade, kaake
laagoon paye Balihari guru aapki, Govind
diyo milaye."

4. When translated in English it
means:

"I face both God and my guru.
Whom should I bow to first?

5. I first bow to my guru because
he's the one who showed me the path to
God

6. However, the question that
arise in these appeals is whether the
teachers who have been placed in such an
exalted position justify the faith entrusted
in them even in the current century or
whether they have fallen prey to selfish
individual interests and seek personal gains
through administrative jobs which are no
part of their teaching assignments

7. From the aforesaid, it would be
seen that in our society teachers are placed
on a higher pedestal than even God.
However, in this 21 Century, some of the
teachers, who occupy an exalted position in
our society, have forgotten their duties as a
teacher and instead want to hold and
continue the administrative post while
retaining their position as a teacher. The
present appeals are a glaring example of
the downfall of the standard professed by
teachers in our country. We hasten to add
that by this we do not mean that all
12 All. Indra Devi Vs. State Of U.P. & Ors.
269
teachers are indulging in such activities,
majority of them do not."

29. In the case of Parimal Kumar and
others Vs. State of Jharkhand and others
reported in 2025 SCC OnLine SC 210 it
was again held that the role played by a
teacher, especially when dealing with
students in primary schools, is of utmost
importance. Relevant paragraphs namely
paragraph nos.2, 3 & 7 of the aforesaid
judgment reads as follows:-

"2. As the case pertains to
selection of Assistant Teachers, I wish to
add a few lines regarding importance of
their role in nation building They are to
teach in Primary and Upper Primary
Schools ie. upto Class VIII. The role played
by a teacher, especially when dealing with
students in primary schools, is of utmost
importance. Teachers educate the young
minds, much like sculptors shaping clay, to
mould them into better human beings The,
imprint a teacher leaves on the minds of
their students is everlasting.

3. The status of a teacher is well
said in the Sanskrit verse taken from Guru
Gita which is said to be part of
Visvasaratantra.
from
Uttarakhand
of
Skandapurana. The same is reproduced
hereunder.

"Gurur Brahma Gurur Vishnu,
Gurur Devo Maheshwara; Guru Sakshat
Param Brahma, Tasmai Shri Gurave
Namah"

This Shloka refers to the Guru as
none other than Brahma The creator,
Vishnu-The
sustainer
and
Shiva-The
destroyer, since the Guru creates, sustains
knowledge and destroys ignorance. By
doing so he liberates the disciple from the
ocean of samsara, from the trap of Maya,
thereby attaining Moksha. For this, we bow
down with utter humility and total gratitude
to the Guru. (Source Guru Gita which is
said to be part of Visvasaratantra from
Uttarakhand of Skandapurana).

7. The importance of a teacher as
narrated by Pandit Mohan Malaviya (the
founder of the Banaras Hindu University)
was highlighted in the following lines:

...It lies largely in his teacher's
hand to mould the mind of the child who I
father of the man. If he is patriotic and
devoted to the natiopal cause and realizes
his responsibility, he can produce a race of
patriotic men and women who would
religiously place the country above the
community
and national gain above
communal advantage."

30. From perusal of the aforesaid, it is
clear that time and again importance of
teacher (Guru) has been dealt with in the
Hindu Literature and by the Hon'ble Apex
Court. The reverence accorded to teachers
in Indian culture is not merely symbolic but
reflects a deep seated recognition of their
transformative role. From the ancient
Gurukula system to present day educational
frame work teachers have consistently
carried forward the legacy of knowledge,
values and ethical conduct. Any dilution of
the status, dignity of teachers would have
far reaching consequence not only for
students but society at large.

31. It is well known fact that in large
number of primary institutions throughout
the State of U.P., teachers are not attending
the institution on time. It is obligation on
the State to ensure imparting unbarred
education to children belonging to the
primary institutions. The matters are
270 INDIAN LAW REPORTS ALLAHABAD SERIES
coming every day before this Court in
which allegations were made against the
teachers and headmasters of the institution
to the effect that they are not attending the
institution within time. The Right of
Children
to
Free
and
Compulsory
Education
Act,
2009
has
already
promulgated by the Central Government in
the year 2009 according to which right to
education to the children is a fundamental
right. In case teachers will not attend the
institution within time it will frustrate the
mandate of the Act, 2009 and the children
will be deprived off from this fundamental
rights guaranteed under Article 21-A of the
Constitution of India which was inserted in
to the Constitution by means of the
Constitution (86 Amendment) Act, 2002
which mandate every State to provide free
and compulsory education to all children in
the age group of 6 to 14 years.

32. In this view of the matter and also
in the interest of justice, without interfering
with the orders of suspension, which are
under challenge in the present writ
petitions, writ petitions are disposed of
with a direction to the disciplinary
authority to conclude the disciplinary
proceedings initiated against them most
expeditiously and positively within a period
of two months from the date of receipt of
certified copy of this order.

33. A further mandamus is issued to
the
respondent
no.1
namely
Special
Secretary, Basic Education, State of U.P.
at Lucknow to take a policy decision and
also to take all possible steps for ensuring
the presence of teachers in school within
time. The aforesaid decision be taken by
the Respondent No.1 most expeditiously
and positively within a period of 3 months
from today.S

----------
(2025) 12 ILRA 270
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 12.12.2025

BEFORE

THE HON'BLE MRS. MANJU RANI
CHAUHAN, J.

Writ A No. 17615 of 2025
&
Writ A No. 18573 of 2025

Km. Dimple Singh & Ors. ...Petitioners
Versus
State Of U.P. & Ors. ...Respondents

Issue for consideration
Whether for appointment to the post of
Headmaster, the teaching experience must
mandatorily be experience gained in the post
of Assistant Teacher alone, or whether
'teaching experience' simplicitor including
experience acquired as a part-time instructor
can be treated as valid experience for the
purpose of eligibility?

Headnotes
A. Service Law - Right of Children to Free
and Compulsory Education Act, 2009:
Schedule-1(b)(3)(ii) of Section 19; U.P.
Recognised Basic Schools (Junior High
Schools) (Recruitment and Conditions of
Service of Teachers), Rules 1978 (Seventh
Amendment) Rules, 2019: Rule 4(2).

Eligibility conditions prescribed under the
statutory
recruitment
rules
must
be
strictly
construed
and
scrupulously
followed. Neither the appointing authority
nor
the
court
can
dilute,
relax,
or
substitute
the
essential
qualifications
unless such power is expressly conferred
by the rules themselves. The purpose behind
prescribing teaching experience for the post of
Headmaster
is
to
ensure
administrative
efficiency, academic leadership, and familiarity
with
institutional
responsibilities
acquired
through regular service. (Para 37)