The Delhi High Court has stated that the Election Commission of India (ECI) is within its constitutional rights to engage government school teachers for election-related tasks, but it must ensure that these duties do not place excessive stress on the educators or disrupt their teaching obligations. This observation came during a public interest litigation (PIL) that questioned the extensive use of teachers for Booth Level Officer (BLO) duties and enumeration roles as part of the ongoing Special Intensive Revision (SIR) of electoral rolls in Delhi.

During the proceedings, a Division Bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela noted the significance of the Right to Education Act, 2009, which governs the engagement of teachers for non-educational roles. The Bench emphasised that while the ECI has the authority to requisition teachers, the well-being and workload of these professionals must be adequately considered.

Prior to the court’s comments, the ECI submitted an affidavit stating that teachers engaged in election work are not required to perform these duties during school hours, in accordance with a Supreme Court ruling from the case of Election Commission of India v. St. Mary’s School. The court found this assertion important but underscored the need for careful monitoring of teachers’ stress levels post their school hours.

Challenges Raised By Petitioners

The petitioners in the case, Advocates Rajesh Kumar Gogna and Ashok Agarwal, contended that the deployment of teachers had occurred contrary to established guidelines, leading to significant disruption of education in government schools. They argued that, following the filing of the PIL, authorities issued directives to reinstate around 10,000 teachers to their classes, indicating an acknowledgment of improper earlier deployments.

Petitioners further claimed that teachers were facing contradictory instructions from various authorities about whether to report to schools or perform election duties. The High Court noted that such allegations would require evidence for substantiation, indicating the procedural nature of the court’s review.

The ECI presented a document detailing the number of individuals deployed for election duties, asserting that if the petitioners disputed this information, they should provide counter-evidence. The court’s inquiry into the necessity of certain ECI circulars suggesting non-punitive measures for teachers engaged in election work also raised questions about whether those measures were truly necessary.

Implications For Educational Standards

The Court indicated that while assisting the ECI in its election responsibilities is essential, it must not come at the cost of educators’ well-being. The Bench pointed out that requiring teachers to work excessively long hours, surpassing their regular commitments, especially considering many are women with familial responsibilities, could lead to a degradation of their capacity to perform effectively.

In response to the concerns raised, the ECI assured the court that mechanisms were in place to prevent overburdening teachers by providing refreshments during these duties and aiming to conclude the Special Intensive Revision promptly. The court set a subsequent hearing date for August 20, allowing the petitioner to provide a rebuttal affidavit concerning the ECI’s submissions.

The PIL seeks the annulment of orders that require more than 10 per cent of regular teachers from government, municipal, or aided institutions to perform election-related roles. The petitioners contend that this practice undermines students’ rights to an uninterrupted education, violating constitutional provisions. They further highlight that the deployment of teachers for electoral tasks infringes upon the guidelines established by the Supreme Court and the Right to Education Act, which are intended to protect the instructional hours and maintain the teacher-student ratio.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store –  https://apps.apple.com/in/app/newspin/id6746449540 

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share