The Delhi High Court has directed the Election Commission of India (ECI) to ensure that election-related work assigned to school teachers does not place an "unbearable" burden on them. While recognising the Commission's constitutional authority to engage teachers for election duties, the Court stressed that such assignments must be managed carefully so that teachers are not subjected to excessive stress after completing their regular teaching responsibilities.
The order came while the Court was hearing a public interest litigation challenging the deployment of government school teachers for the ongoing Special Intensive Revision (SIR) of electoral rolls in Delhi.
Background of the Case
The petition was filed by Rajesh Kumar Gogna and another, who argued that a large number of government school teachers had been assigned election-related work, disrupting classroom teaching. According to the petitioners, several schools were left functioning with guest teachers or teachers from unrelated subjects, while private unaided schools were not similarly affected.
The petition also alleged that the deployment violated Section 27 of the Right of Children to Free and Compulsory Education Act, 2009, which generally prohibits teachers from being assigned non-educational work except for population census, disaster relief and election duties.
During the hearing, the ECI informed the Court that no teacher was being engaged for election work during school hours and that it was complying with the Supreme Court's directions on the issue. The Commission also placed a detailed affidavit and data regarding the deployment of Booth Level Officers (BLOs) and volunteers.
Court's Observations
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia observed that there was no dispute regarding the ECI's power under Article 324 of the Constitution to requisition teachers for election-related work. However, the Bench said this authority must be exercised while keeping the protections under the RTE Act in mind.
The Bench observed,
"After working in a school for 6-8 hours, if a teacher is engaged to perform election duties, it may cause stress."
The Court further directed the Commission to ensure that election-related assignments do not become so demanding that they create an unbearable workload for teachers.
At the same time, the Bench noted that if the petitioners disputed the ECI's claim that teachers were not being deployed during school hours, they would have to place supporting evidence before the Court.
Court's Decision
Disposing of the immediate issue, the Delhi High Court directed the Election Commission and its officers to remain mindful of the workload placed on teachers while assigning election duties and to take appropriate measures to prevent excessive stress.
The Court also granted the petitioners liberty to file a response to the ECI's affidavit. The matter has been listed for further hearing on August 20.
-300x169.webp)
