A Yoga Teacher cannot be removed on the alleged ground of medical unfitness by a private school – Delhi School Tribunal directed reinstatement with costs of Rs. 1,10,000/-

On 08.03.2018, Delhi School Tribunal (DST), Delhi declared that a Yoga Teacher cannot be removed from service on the alleged ground of medical unfitness by a private school. The decision was rendered in Appeal No. 90/2017 entitled “Sunita Sahi vs. Sachdeva Public School”.

Anuj Aggarwal, Advocate, counsel for Ms. Sunita Sahi, argued that the termination of service of Ms. Sunita Sahi on the purported ground that she is unable to carry out her yoga duties constitutes a stigmatic termination of service and, therefore, it was obligatory for the school to conduct an inquiry and comply with the principles of natural justice. It was further argued that since Sachdeva Public School failed to comply with the principles of natural justice, Ms. Sunita Sahi, a confirmed yoga teacher, was entitled to be reinstated in service.

Accepting the submissions made by Anuj Aggarwal, Advocate, the DST declared that the action of terminating the service of Ms. Sunita Sahi by Sachdeva Public School was illegal and Ms. Sunita Sahi was held entitled to be reinstated in service. It was further held that in case Ms. Sunita Sahi could not perform the duties of yoga teacher due to medical reasons, then she should be assigned some other administrative duties. The Appeal preferred by Ms. Sunita Sahi was allowed with cost of Rs. 1,10,000/-.