(Querist) 12 September 2018
This query is : Resolved
I had been working with a school for around 2 years, which I have left several years back. I have started my own classes since the last one year, now after several years the school has come up with a NO TUITION POLICY and banned only a PARTIAL list of EX teachers on their website with names.
The students have been asked to signup an undertaking that they will not go to those classes where these EX teachers teach, the child will not be allowed to sit in the exam or attend classes if they come to know.
I would like to know what are the options to go against the school? Can I file a defamation case and any other? How long does these type of go to get justice? Also, what are the charges?
(Querist) 13 September 2018
Sir, I will, can you let me know the answer for the rest of the query?
M V Gupta
(Expert) 14 September 2018
By merely asking the students not to have tuition from listed teachers without any statement/s either written or spoken damaging the reputation of the teachers, the school cannot be stated to have defamed the teachers.(see section 499 of IPC). But the teachers can consider that the School has caused loss of business/income by adopting unfair means of threatening the students that they will not be permitted to sit for the examinations if they took tuition from the teachers. The teachers concerned can file a suit for injunction against the school following such illegal practice and claim damages from the school. However before filing any such suit, notice should be given to the School asking it to refrain from doing so and also cautioning that in case they continue to do so and do not cancel the undertakings obtained from the students within a specified period legal proceedings will be initiated against it entirely at the risk of the school as to costs and consequences.
(Expert) 19 September 2018
All affected teachers can take the help of a local lawyer to approach competent court for interim stay pending disposal of the case. Since the action by the school is against individual rights good chance of getting relief through the competent court.