The Allahabad High Court has stayed two orders issued in Gautam Budh Nagar that directed aided and unaided private schools to provide details of their teaching and non-teaching staff for census-related work. The court observed that employees of private institutions may not fall within the definition of “local authority” under the Census Act, 1948.
The matter came before Justice Siddharth Nandan in a writ petition filed by the Independent Self Financed Schools Association against the State of Uttar Pradesh and other authorities.
The association challenged an order dated April 8, 2026, issued by the District Inspector of Schools (DIOS), Gautam Budh Nagar. The order asked managers and principals of all aided and unaided institutions to provide lists of their staff for census duty.
Counsel for the petitioner argued that private schools cannot be treated as “local authorities” under Section 4A of the Census Act, 1948. It was contended that the law permits requisition of staff only from local authorities and not from private educational institutions.
The petitioner also pointed out that an earlier communication issued by the Additional District Magistrate had sought details only of employees available in government offices, but the DIOS later expanded the direction to include staff from unaided institutions as well.
During the hearing, the petitioner relied on earlier rulings, including a decision of the Bombay High Court’s Nagpur Bench and a Supreme Court judgment dealing with election duties and the scope of local authorities.
The State, on the other hand, argued that the Census Act allows appointment of census officers and that Section 27 of the Right to Education Act permits deployment of teachers for decennial population census work.
However, the petitioner maintained that even the provision under the Right to Education Act applies only to government teachers and not to teachers employed in private institutions.
The court noted that, prima facie, teaching and non-teaching staff of private aided and unaided institutions could not be brought within the category of local authorities such as the Basic Shiksha Adhikari (BSA), DIOS, or District Panchayat Raj Officer.
“The teaching and non-teaching staff of private institutions, whether aided or unaided, cannot be said to fall within the purview of ‘local authorities’,” the bench observed while granting interim relief.
The High Court directed the respondents to file their counter affidavits within four weeks and granted additional time to the petitioner to file a rejoinder.
Till further orders, the court kept in abeyance the orders dated April 8, 2026, and April 29, 2026, which had sought staff details and warned of action against those who failed to attend training.
Case Details:
Case Title: Independent Self Financed Schools Association vs State of UP and 4 Others
Case Number: WRIT - C No. 20441 of 2026
Judge: Justice Siddharth Nandan
Decision Date: May 21, 2026
