"Violates Right To Education": Parents Of School Children Approach Bombay High Court Against 'Poll Duties' For Teachers Amid Exams

Parents of a school in the city have moved the Bombay High Court challenging various circulars of the Election Commission of India (ECI) and also the Brihanmumbai Municipal Corporation (BMC) deploying over 2000 employees of the Education Department, mostly teachers as Booth Level Officers (BLOs) and Polling Station Officers (PSOs) for the upcoming State Assembly Elections.

A division bench of Justices Atul Chandurkar and Rajesh Patil noted the contention of the parents, that due to such circulars, demanding teachers to be working full time for all the working days of the week, affect the functioning of schools, particularly the ongoing examinations of various classes.

The bench, however, asked ECI to look into the issue and make a statement about it on Monday (October 21).

The petition filed through senior Advocate Gayatri Singh while citing the circulars issued by the authorities on August 15, 2024, August 20, 2024 and subsequent ones issued on October 1 and 4, would mean teachers will have to skip school hours and work for the election duties.

"The absence of teachers during school hours, due to their deployment as BLOs, is disrupting the regular conduct of classes in schools, including the Green Mumbai Primary School, Kurla. These orders have resulted in the absence of teachers from schools, during school hours, thus disrupting the regular conduct of classes and the quality of education imparted to children, in gross violation of their right to education under Article 21-A of the Constitution of India and the mandate of the Right of Children to Free and Compulsory Education Act, 2009," the plea highlights. 

Moreover, the nature of work performed by BLOs is physically draining and teachers are often assigned to booths in faraway constituencies, the plea states, adding that if teachers are deployed as BLOs, they will be exhausted and get drawn away from their primary duty of educating children.

Notably, as per the circular of August 15, 2024, the BMC's Education Department notified deploying 2,000 employees of the Education Department, largely teachers as BLOs, three days a week. Then on August 20, 2024, another circular was issued requisitioning four teachers of the Green Mumbai Primary School in the city, as BLOs, three days a week.

Further, on October 1 and 4 of this year, the Returning Officer of Kurla constituency ordered requisition of teachers deployed as PSOs, for full time basis basically meaning teachers to skip school work and instead perform election duties. Further, a circular was issued on October 14, ordering teachers to be engaged full-time to perform election duties.

Taking note of the plea, the bench has asked senior advocate Ashutosh Kumbhakoni to look into the issue and make a statement.