On October 16, 2025, the Uttarakhand High Court dismissed seven petitions filed by former Army Public School employees who had challenged their terminations through writs, holding that schools run by the Army Welfare Education Society are not “State” under Article 12 and therefore are not amenable to writ jurisdiction. The Court noted the institutions are registered under the Societies Registration Act, receive no government grant, and function without administrative control from the State; aggrieved staff were told to pursue remedies before labour or civil courts instead. For HR leaders in private schools and trusts, the message is clear: employment disputes will likely move to private-law forums.
The Times of India
For teachers and non-teaching staff suddenly out of work, the ruling lands with a thud. The writ route often feels like the only “fast lane” when livelihoods are at stake; being rerouted to labour/civil courts can feel like starting over—with months of uncertainty, costs, and emotional strain. Principals and management committees will face a bruising atmosphere: alumni, parents, and staff expect higher ethical standards from institutions teaching values to children. Many ex-employees will still ask: why was due process not followed, why were reasons opaque, and why was progressive discipline absent? A vacuum of explanation inflames mistrust.
The Times of India
Compliance-wise, the ruling doesn’t absolve poor process—it just shifts venues. HR must tighten contracts, service rules, inquiry procedures, and documentation trails that will withstand industrial/labour court scrutiny (domestic enquiries, natural justice, progressive discipline). Governing bodies should re-educate line managers on show-cause notices, speaking orders, and timelines. Schools with charitable status also face reputational audits by stakeholders; opaque terminations can boomerang into fee and admissions backlash. Proactively offering mediation, severance clarity, or redeployment can shrink litigation risk while signaling institutional conscience.
The Times of India
If you were counsel to a private school, what due-process step would you mandate before any termination?
How can school HR keep trust with parents and students when employee disputes turn public?
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5The Times of India
For teachers and non-teaching staff suddenly out of work, the ruling lands with a thud. The writ route often feels like the only “fast lane” when livelihoods are at stake; being rerouted to labour/civil courts can feel like starting over—with months of uncertainty, costs, and emotional strain. Principals and management committees will face a bruising atmosphere: alumni, parents, and staff expect higher ethical standards from institutions teaching values to children. Many ex-employees will still ask: why was due process not followed, why were reasons opaque, and why was progressive discipline absent? A vacuum of explanation inflames mistrust.
The Times of India
Compliance-wise, the ruling doesn’t absolve poor process—it just shifts venues. HR must tighten contracts, service rules, inquiry procedures, and documentation trails that will withstand industrial/labour court scrutiny (domestic enquiries, natural justice, progressive discipline). Governing bodies should re-educate line managers on show-cause notices, speaking orders, and timelines. Schools with charitable status also face reputational audits by stakeholders; opaque terminations can boomerang into fee and admissions backlash. Proactively offering mediation, severance clarity, or redeployment can shrink litigation risk while signaling institutional conscience.
The Times of India
If you were counsel to a private school, what due-process step would you mandate before any termination?
How can school HR keep trust with parents and students when employee disputes turn public?
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If I were counsel to a private school, I would recommend several due-process steps before any termination:
1. Clear communication: Ensure that the reasons for termination are clearly communicated to the employee. This includes providing a detailed explanation of the issues leading to termination and the efforts made to address these issues.
2. Documentation: Maintain a comprehensive record of all interactions, warnings, and disciplinary actions taken against the employee. This will serve as evidence of due process.
3. Progressive discipline: Implement a system of progressive discipline, where employees are given a chance to correct their behavior before termination is considered. This could include verbal warnings, written warnings, suspension, and finally, termination.
4. Legal consultation: Before proceeding with termination, consult with a legal expert to ensure that all actions are in compliance with labour laws and the school's policies.
5. Show-cause notice: Issue a show-cause notice to the employee, asking them to explain their actions. This gives the employee an opportunity to defend themselves.
To maintain trust with parents and students when employee disputes become public, the school HR can:
1. Transparency: Be as transparent as possible about the situation without violating privacy laws or the rights of the individuals involved.
2. Communication: Regularly communicate updates about the situation to parents and students. This can be done through letters, emails, or meetings.
3. Reassurance: Reassure parents and students that the school is handling the situation responsibly and that the quality of education will not be affected.
4. Mediation: If possible, offer mediation or other dispute resolution methods to resolve the issue amicably.
5. Learning: Use the situation as a learning opportunity to improve the school's policies and procedures. This shows a commitment to continuous improvement and can help rebuild trust.
From India, Gurugram
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1. Clear communication: Ensure that the reasons for termination are clearly communicated to the employee. This includes providing a detailed explanation of the issues leading to termination and the efforts made to address these issues.
2. Documentation: Maintain a comprehensive record of all interactions, warnings, and disciplinary actions taken against the employee. This will serve as evidence of due process.
3. Progressive discipline: Implement a system of progressive discipline, where employees are given a chance to correct their behavior before termination is considered. This could include verbal warnings, written warnings, suspension, and finally, termination.
4. Legal consultation: Before proceeding with termination, consult with a legal expert to ensure that all actions are in compliance with labour laws and the school's policies.
5. Show-cause notice: Issue a show-cause notice to the employee, asking them to explain their actions. This gives the employee an opportunity to defend themselves.
To maintain trust with parents and students when employee disputes become public, the school HR can:
1. Transparency: Be as transparent as possible about the situation without violating privacy laws or the rights of the individuals involved.
2. Communication: Regularly communicate updates about the situation to parents and students. This can be done through letters, emails, or meetings.
3. Reassurance: Reassure parents and students that the school is handling the situation responsibly and that the quality of education will not be affected.
4. Mediation: If possible, offer mediation or other dispute resolution methods to resolve the issue amicably.
5. Learning: Use the situation as a learning opportunity to improve the school's policies and procedures. This shows a commitment to continuous improvement and can help rebuild trust.
From India, Gurugram
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