Educational Institutions Should Have Robust Systems For Preservation Of Records- Delhi HC Directs KVS To Adopt Practices Like Digitization
The Delhi High Court has directed the Kendriya Vidyalaya Sangathan (KVS) to adopt practices such as digitization saying that the educational institutions should have robust systems for preservation of records.
A Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula held, “We acknowledge the important of instilling efficiency and accountability in the administrative functioning of institutions like KVS. Therefore, Court’s comments on the working of KVS were well-founded, as education institutions should indeed have robust systems for the preservation of records.”
The Bench said that the Single Judge without fixing any responsibility upon any individual held that it is the duty of the organization to have a better system for the preservation of records.
Advocates S. Rajappa and Gowrishankar appeared for the appellants while respondent no. 1, Vijay Rajpal appeared in-person and Government Counsel Dev P. Bhardwaj appeared for the Centre.
Brief Facts -
The respondent was appointed as a Post Graduate Teacher, Mathematics in the services of KVS on probation for a period of two years, and during the probationary period, his services were discontinued vide order as his performance was not satisfactory. Being aggrieved by the order of discharge, the respondent approached the Central Administrative Tribunal (CAT) which declined to grant any relief in the matter. The respondent then approached the High Court and a Division Bench dismissed the same.
Thereafter, the respondent preferred a Special Leave Petition (SLP) before the Supreme Court but the same was dismissed. Then a Review Petition was also preferred in the matter and the same was also dismissed. Meaning thereby, the respondent’s discontinuance attained the finality. The respondent despite such a fact, preferred a writ petition before the High Court. An appeal was, therefore, filed by the appellant (KVS) which arose out of the cost of Rs. 2 lakhs imposed on it.
The High Court after hearing the contentions of the counsel observed, “In the considered opinion of this Court, the learned Single Judge has not assigned any cogent reason for imposing the cost of Rs. 2,00,000/- in the matter. The learned Single Judge, though has imposed cost of Rs. 2,00,000/, but has also observed that the order of discharge does not comment upon the performance of the Petitioner (Respondent No.1 herein) as held by the Division Bench vide order dated 06.09.2005.”
The Court further noted that there was no occasion for the Single Judge to impose a cost in the peculiar facts and circumstances of the case.
“However, in our opinion, the imposition of cost in this case appears to be disproportionate to the circumstances at hand and we consider it appropriate to set aside the same, in the peculiar facts and circumstances noted hereinabove. Instead, it would be more equitable to address the need for better record-keeping by directing KVS to adopt better practices such as digitization etc., to ensure the proper preservation of records so that such incidents do not occur in future”, held the Court.
The Court considered another aspect of the case that no appeal was preferred by the respondent against the order passed by the Single Judge wherein no relief was granted to the Petitioner.
“Therefore keeping in view the totality and circumstances of the case, imposition of cost upon an education institution, without there being any substantial material, is unwarranted”, concluded the Court.
Accordingly, the Court set aside the cost imposed upon KVS.
Cause Title- Commissioner, Kendriya Vidyalaya Sangathan & Anr. v. Vijay Rajpal & Ors. (Neutral Citation: 2023:DHC:5181-DB)
