HC directs police to register case against school

The teachers had resigned in 2010 and 2011 without paying the school three months salaries as allegedly agreed by them at the time of joining duty.

"The petitioners' certificates cannot be retained like a ransom. The retention of the certificates is unlawful," Justice S Nagamuthu said while giving the direction on a joint petition by teachers A John Paul, Belshiya and G Sreelatha.

The petitioners, who served the school for some years, said the management had insisted at the time they joined the school that they produce original testimonials such as SSLC, Plus Two and degree certificates, which they did.

After their resignations, they approached the school for return of their certificates but the management declined to return them.

They said they filed complaints with police in March this year seeking action against the school, but that no action was taken so far. They filed the petition seeking a direction to police to register a case and investigate the matter.

The management submitted that when the teachers joined duty, there was an agreement under which they had to repay three months salary if they left in the middle of an academic year, only after which the certificates would be returned.

The Judge said non-repayment of the amount gave the school a right to initiate proceedings for its recovery as per the agreement, but not to retain the testimonials like a ransom.

As per Section 6 of Transfer of Property Act, transfer of right in respect of certificates was prohibited. The agreement could not be treated as a valuable security creating a legal right in favour of the management to retain the certificates for ever,despite the demand for their return, the judge said.

Citing a Supreme Court judgement, the judge said if it was a mere entrustment and not transfer, the school could not retain it after the teachers resigned and the trust was withdrawn.

The Judge held that retention of the certificates further would amount to an offence under Section 406 IPC (Punishment for criminal breach of trust).