Alfaz Hosein, the teacher at the centre of a stand-off with the Parent Teachers Association over allegations of misconduct at the San Fernando TML Primary School, was forced to vacate the premises yesterday after being served with an injunction restraining him from resuming duties.
The matter will come up for hearing before Justice Peter Rajkumar in the San Fernando High Court this morning.
Parents held a meeting at the school yesterday evening to update each other on the outcome of yesterday's court action and the way forward with a legal battle pending.
Parents sitting under a tent near the entrance to the Farrah Street school applauded as, shortly before end of school yesterday, the injunction was served on Hosein by two process servers from the office of Anand Misir, the lawyer representing the school's PTA.
But there had been many anxious moments earlier yesterday as Misir tried to get a judge to hear the matter, since those sitting in San Fernando were either unavailable or had ties to the school and recused themselves.
By late afternoon the injunction was granted. It restrained the defendants–The Teaching Service Commission (TSC), the Permanent Secretary, Ministry of Education and the Director of Public Administration (DPA)–from allowing or authorising teacher Hosein from entering or resuming duties at the school until today or until further ordered.
PTA president Wazir Hosein, who sought and was granted an interim injunction by Justice Rajkumar in chambers at the San Fernando High Court yesterday afternoon, said it was a small victory for them.
The PTA has been engaged in protest since last Friday after Hosein, who was suspended for four years while the TSC deliberated on allegations of misconduct against him, attempted to resume duties at the school.
Hosein was cleared by the TSC, but parents physically blocked the entrance to the school when he attempted to return to duty on Friday and police had to be called in to calm those present before Hosein left the compound.
He reported on Monday, but parents then took their children out of school.
Scandal created
Lawyer Subhas Panday, who represented Hosein during the tribunal, said he was at a loss to understand why the PTA was opposed to his client's return to the school, noting he was cleared.
"First of all, the teachers, principal and others were invited to give evidence and at the end of the day all of the matters against him were dismissed. Therefore, if he won the case and the TSC and the Ministry of Education sent him back to work, he has to obey lawful instructions," Panday said.
He suggested that instead of creating a scandal, all the parties concerned should have sat together and worked out an amicable solution in the interest of the welfare of the children.?