Art Of Teaching

It is frequently observed in private schools that any employee is terminated on the whims and fancies of the Management. If you are a person who nods your head to each and every wrong doing and never protest or speak against the Management or allow Management to ignore rules then you are the right person for them,

But the moment you speak against the Management you are their enemy number one and they will find ways and means to harass you and force you to leave the services.

Mostly, all heads of schools are mere puppets in the hands of the private Management .But every Head should remember that they are leaders first and followers later. The leadership bestowed on them by the position of their chair is based on visualization, inspiration, and teamwork of all concerned. One single person cannot run a school. Also, no Head should fall prey to the wrong decisions of the Management under pressure or otherwise. Because ultimately if they have no proof of the fact that the Management pressurized them to do wrong things and work against rules, they will be the scapegoat and nobody else. Management’s work is only limited to providing of systems and processes which are essential to the smooth running of the institute. It is the Head and the staff who are responsible for running the school as per rules and smoothly with no day- to – day interference by the Management. But I am very sorry that is not the case in any private school today.

In my earlier blog I have already publicly asked forgiveness from two senior colleagues of mine who were terminated by the Management and I was made to do all the paperwork for their removal.  One was the Headmistress of Primary Section and the other was an Assistant teacher under Trust Muster but teaching in Secondary Section. Even now there must be many such cases going on in different private schools in different parts of India. And everybody cannot provide for lawyers to fight for justice.

But it was derisory for the Management when the same staff came back after a year with court orders as their termination was not as per rules and no procedure was followed.

I would like to share some points on this for the future of private school Heads who want to stay on the chair at any cost and in the process of doing so, blindly follow the wrong dictates of the Management.

Beware! When you are questioned for your lapses, nobody is going to come and save you as you have nothing in writing from the private Managements. Of course! They shall not keep any proof whatsoever.     

First and foremost, take every instruction in writing. If they are not giving anything in writing, you write and inward letters as proof that whatever you have done is as per their instructions.  

Now regarding issue of memos and termination of staff. This the Management does as a gesture to blackmail all the employees into submission. It is an old trick that suppress and sacrifice one and all will fall in line.

Read M.E.P.S Rules as if it is your Bhagwat Geeta for running of the school.

CERTAIN OBLIGATIONS OF MANAGEMENT OF PRIVATE SCHOOLS

1. S5 – Deemed Confirmation– If an employee has completed two years’ service on probation and thereafter, his services cannot be terminated. Termination cannot be sustained for the simple reason that on completion of two years on probation, he was deemed to be a confirmed employee and services of confirmed employees cannot be terminated without complying with the rules.(Baburao Amrutrao Kharkar Vs. State of Maharashtra, 1997(2) LLN 1098 Bom.D.B.)

• If the employee is working continuously for a long spell of period of five years without break even in temporary capacity, his services cannot be terminated as no employee can be in temporary capacity permanently.
• Appointment order is the basis, not the approval of Education Department. –Here many former staff including myself has lost many years of service due to ignorance of rules.

 Functions of the school committee –

1. The school committee is the appointing authority based on the selection of staff done by the interview committee formed and the merit list provided to the school.
2. HEAD, who is the Secretary of School committee will sign the appointment letters for staff and the CEO (Secretary of Trust ) will sign the appointment letter in case of Head or Assistant Head .

Termination of services: Without enquiry: Framing of issues/ charge sheet, Inquiry committee – Not admissible as per law.

Under Section 5 of the Act, 1977 – (Manohar Mahadeo Bhajikhaye Vs. Presiding Officer, School Tribunal, Chandrapur and ors, 2011 (4) All MR 744 (NB): 2011 (5) Bom. CR 388(NB):2011(4) Mh. L.J.312(NB)

R-37 -Procedure of inquiry – To be followed for termination of employee. Termination order cannot have retrospective effect.

R- 38- Power to terminate services – The Management shall not delegate to any subordinate authority other than the chief executive officer (In this case- The Secretary of Trust), power to execute the decision of the Inquiry committee in respect of reduction in rank or termination of services.

* IMPORTANT -R-3 – No power to terminate – The School committee has no power to terminate the employee. School Committee under the M.E.P.S Act 1977 and Rules, 1981 has no power to terminate the services of the employee. (Borivali Education Society & Anr, v. Gira T. Desai, 1977 (VI) L.J. 549: delivered on 16.10. 1977 by Justice R.M Lodha in W.P No. 1569/97.)

R.18- Discharge certificate for staff should be issued by the Head in Schedule ‘H’. For the Head, the Discharge certificate should be signed by the CEO i.e., the Secretary of Trust. If the Head himself is the CEO of Trust, then the Discharge certificate needs to be signed by the President.

Another mistake in my case. I was the Head but not the CEO of the Trust, but my Discharge certificate was signed by the President of the Trust? Why? The Reporting Authority for H.M is the Secretary, so ideally the Discharge Certificate needs to be signed by him.

Many more rules are there which I shall be posting in future.

The Heads therefore need to understand the definition of a healthy work environment. It starts with the philosophy of the Head. If the Head feels that to allow the staff to be in disciplined and to let every staff supersede the Head and act as Head will ensure healthy work environment. NO. Not at all. You are totally wrong. It will create an impression that the Head is nor fit for the Chair and anyone can take her for a ride. Hierarchy needs to be maintained at all cost.

Discipline is the basis of any healthy work environment and for this the Head shall formulate the rules which everybody needs to follow including the Head. Don’t forget that in a school, the Head is an Assistant teacher first and then a Head. Also remember that this is a democracy and the staff including the Head is entitled to their opinions. Suppressing opinions is the projection of fear and tyranny in an individual and tyrants will and can never succeed. Dissemination of information is fast and no oppressor can stop it. What are you afraid of? That your dark secrets will come out? If you have not done anything wrong then there is no need to fear.

SARFOROSHI KI TAMMANNA AB HAMARE DIL MEIN HAI. DEKHNA HAI ZOR KITNA BAAJUEN QAATIL MEIN HAIN.

 How to create a healthy work environment?

The Head needs to start with a completely changed attitude and thinking. First of all, she needs to be fearless and just and should remove factors or protest against factors which will instill fear in her and her staff and give a feeling of helplessness. The staff always will admire a leader who will show that she has a vision of a healthy workplace which will not come from the fact that she fears some staff, or gossips with some or has friends of some staff and are biased towards them and neglects the ones who stand up to her. If she passes a statement that we have to do whatever the Management demands of us, the staff will never respect her for they will come to know that she is a stooge in the hands of the Management and will never be genuine in their behavior towards her. Same goes for the Management. If they do not respect the Head, then the behavior she shows towards them will never be genuine. It will be stage-managed to stay in their good books.    

Allowing staff to party or talk in high tones or burst out laughing loudly in your office, in the school premises or the staff room ,at the cost of discipline does not ensure good work environment. You need to be on the work floor besides them at every point of time. You need to treat people with dignity and respect but also reprimand them whenever necessary.

Impossible? No. It is possible.

 I did it manifold times in my long career.  I got success in an environment which was very toxic towards me in the initial days.  Your work is to train not only the employees but also the Management who may not be aware of the rules. You need to be a guide to your staff as well as the Management.

 But remember – “A bad system will beat a good person every time” (Edwards Deming)

“A bad System will chip away at your soul. Bad systems can turn even the most enthusiastic workers into frustrated poor performers.(Lisa Mcleod)

And to tell you the truth, I can totally agree with this saying.  We therefore need to reinforce our mental strength. We should fight for what is just and not let adverse comments or petty remarks, whether from staff or Management, rob us of our peace. This can be difficult. But we have to practice it and it is rightly said “Practice makes a Man perfect.

That is why you need to study the M.E.P.S thoroughly because whenever they tell you to do something wrong you can throw the rule book at them.  It is not worth to deal with a toxic boss. So, we need to focus on our strengths.  We as heads have a great responsibility towards our staff and our students. They should be our priority, not the fact that we have to be at the beck and call of the private Management at the cost of our duties towards our profession and school.  

MY ADVICE TO ALL THE HEADS – DON’T FALL PREY TO THE PRESSURE CREATED BY THE PRIVATE MANAGEMENT BODIES AND DO THINGS WHICH ARE ILLEGAL AND FOR WHICH YOU HAVE NO PROOF THAT IT WAS SUGGESTED BY THE MANAGEMENT. NOBODY WILL BELIEVE YOU, BECAUSE YOU ARE ON THE CHAIR AND YOU CANNOT AFFORD TO BE IGNORANT TO RULES. NO EXCUSE ON THAT. AND IF YOU FEAR, THEN LEAVE THE CHAIR WITH YOUR HEAD HELD HIGH BEFORE SOME ONE FORCES YOU TO RESIGN OR REMOVES YOU FOR THEIR OWN SELFISH INTERESTS.

THANK YOU, DR., K.B. THAKUR FOR BEING MY GURU TO TEACH ME M.E.P.S. THAT IS WHY TODAY I HAVE THE CONFIDENCE TO WRITE THIS BLOG.