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Bombay High Court Upholds School’s Firing of Probationary Teacher Over Alleged ‘Romantic’ WhatsApp Messages

The court said the school could invoke Section 5(3) to end probation without an inquiry, calling the action non-stigmatic because no chats were produced.

Overview

  • Justice Somasekhar Sundaresan’s January 20 order, released Friday, dismissed the teacher’s writ petition and left intact the Mumbai School Tribunal’s August 2024 decision.
  • Parents’ complaints in December 2022 and reported local unrest preceded the school’s January 31, 2023 termination, which took effect February 1 with pay in lieu of a month’s notice.
  • The judgment records that the teacher issued a contemporaneous written apology confirming electronic contact and did not retract it until tribunal proceedings began.
  • The court rejected the argument that the teacher effectively became permanent before the notice period expired, keeping the case within the probation framework.
  • Emphasizing a zero‑tolerance approach to inappropriate contact, the court found the out‑of‑hours messaging and serious age gap sufficient for management dissatisfaction, while noting no WhatsApp chats were on record.