Teacher Duties Must Not Disrupt Classes: Election Commission to Delhi High Court

The Election Commission of India (ECI) has communicated to the Delhi High Court that teachers assigned as Booth Level Officers (BLOs) during the ongoing Special Intensive Revision (SIR) in Delhi should fulfil their electoral duties strictly during non-teaching hours, holidays, and days when they are not scheduled to teach. This clarification aims to ensure that classroom instruction remains unaffected by these responsibilities.

In a recent response, the ECI conceded that some directives issued at the field level during the SIR initiative lacked clarity and may have caused uncertainty regarding the necessity for teachers to carry out their roles during school hours. The Commission noted that these unclear orders were subsequently either withdrawn or modified to eliminate such ambiguities.

This matter has arisen from a petition filed with the Delhi High Court by advocates Rajesh Kumar Gogna and Ashok Agarwal, contesting the deployment of teachers for BLO and SIR tasks. During an earlier hearing, a Division Bench, consisting of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela, asserted that while the ECI holds the authority to requisition teachers for election duties, the protections under Section 27 of the Right of Children to Free and Compulsory Education Act, 2009, must not be overlooked. The Court highlighted that teachers who are already engaging in six to eight hours of instruction should not be subjected to excessive additional responsibilities and insisted that the ECI should observe that these election-related tasks do not impose “unbearable” stress.

Reiterating its policy, the ECI stated that teachers have always been required to take on electoral responsibilities outside of teaching commitments. It cited the Supreme Court ruling in Election Commission of India v. St. Mary’s School, (2008) 2 SCC 390, to emphasise that its regulations have historically been crafted to prevent disruption to educational activities. Nevertheless, it acknowledged that some Electoral Registration Officers (EROs) and Assistant Electoral Registration Officers (AEROs) issued orders that could be interpreted as implying that teachers might need to work during their teaching periods.

The ECI clarified that these were isolated instances and did not represent a shift in policy. Following identification of the discrepancies, prompt corrective measures were undertaken. Specific actions regarding areas such as Krishna Nagar, Rohtas Nagar, Vishwas Nagar, Mundka, Greater Kailash, and Gokalpur were mentioned, including the withdrawal of certain orders and modifications to ensure clarity that teachers would only be required to perform duties outside regular class hours.

In its correspondence dated August 19 to the Chief Electoral Officer of Delhi, the ECI indicated that some ERO directives failed to align with its established guidelines on teacher deployment. Consequently, the Delhi Chief Electoral Officer issued a circular on August 20 that reiterated the necessity for teachers to conduct their BLO responsibilities during non-teaching periods without disrupting their primary roles within schools.

The petitioners are advocating for a strict 10% limit on the number of teachers from any given institution who can be assigned to BLO and SIR duties. The ECI has countered this proposal, asserting that no legal or statutory foundation supports such a specific threshold. According to the Commission, the primary concern is that academic hours and educational activities remain undisturbed, rather than adhering to a predetermined numerical limit.

The Commission also rejected claims that non-teaching personnel have been overlooked in the assignment of roles for BLO duties, clarifying that these roles are populated by individuals from various sectors, including the Central Pollution Control Board, Integrated Child Development Services, Municipal Corporation of Delhi, Delhi Subordinate Services Selection Board, and others.

It cited Ambedkar Nagar as a notable example, explaining that from an initial pool of 149 designated teachers, 45 received exemptions, resulting in the deployment of 104 teachers across several schools. The ECI concluded that as long as teachers are engaged in SIR responsibilities outside their teaching hours and during holidays, the extent of their deployment does not imply a violation of any regulations. The next hearing on this issue is scheduled for August 31.

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