The Bombay High Court has granted interim relief to associations representing private unaided and minority schools in Maharashtra, staying government actions that sought to deploy their teachers and staff for census work.
A vacation bench of Justices Gautam A. Ankhad and Sandesh D. Patil observed that, prima facie, neither the Census Act nor the Census Rules specifically empower authorities to compulsorily requisition teachers from private unaided schools for census duties.
Background of the Case
The petition was filed by multiple school associations, including Unaided Schools Forum and Independent English Schools, challenging notices and appointment orders issued by municipal authorities across Maharashtra.
According to the petitioners, teachers and non-teaching staff from several private schools were being appointed as Enumerators and Supervisors for the upcoming population census exercise. The schools argued that this would severely disrupt academic activities and interfere with institutional autonomy.
Senior Advocate Venkatesh Dhond, appearing for the petitioners, told the court that coercive action, including show-cause notices and FIR threats, had already been initiated against some teachers for refusing census duty.
The petition also highlighted the scale of deployment. In one Mumbai school, all 133 teachers were reportedly appointed for census work. Similar figures were cited for schools in Pune, Vasai and Navi Mumbai.
The Maharashtra government opposed the plea and argued that the census exercise was a large-scale national administrative process requiring coordinated manpower. The State submitted that teachers would receive honorarium in addition to their salaries and pointed out that many schools were closed for summer vacation.
The government also relied on Section 27 of the Right to Education Act, which permits deployment of teachers for census work, elections and disaster relief duties. It argued that the definition of “school” under the law includes unaided institutions as well.
The bench, however, was not convinced at the interim stage.
“The private unaided and private unaided minority schools are not and cannot be brought within the ambit of a ‘local authority’,” the court observed while interpreting Section 4A of the Census Act.
The judges further noted that Sections 6 and 7 of the Census Act only allow authorities to seek limited assistance in census operations and do not authorize compulsory appointment of private school staff as Enumerators or Supervisors.
Rejecting the State’s reliance on the Right to Education Act, the court said Section 27 merely creates an exception to the prohibition on deploying teachers for non-educational purposes and “cannot be construed as an independent source of substantive power.”
The bench also expressed concern about disruption to students’ education. It observed that requisitioning a substantial number of teachers would affect uninterrupted academic activities.
The High Court stayed the operation of notices, communications and appointment orders issued for deploying teachers of the petitioners’ member schools for census duties. The court also restrained authorities from taking coercive or criminal action against teachers and staff for non-compliance.
The matter has been directed to be listed for final disposal on July 31, 2026.
Case Details
Case Title: Unaided Schools Forum & Ors. v. State of Maharashtra & Ors.
Case Number: Writ Petition (L) No. 15009 of 2026
Judge: Justice Gautam A. Ankhad and Justice Sandesh D. Patil
Decision Date: May 22, 2026
