Teachers Will Be Called For Poll Duty During Diwali Vacations; On Poll Day And Day Before Polls: ECI Tells Bombay High Court

The Bombay High Court on Monday disposed of a petition filed by the parents of school students, who challenged the 'full time' poll duties for teachers amid exams, arguing that it 'violates the right to education' of their children.

This comes after the Election Commission of India (ECI) told a division bench of Justices Atul Chandurkar and Rajesh Patil that it has amended its earlier orders and have now decided to call teachers only during Diwali vacations and a day before and also on the polling day i.e. November 20.

The bench accepted the said statement.

"In the communication dated October 17, 2024, it has been stated that the earlier order dated October 4, 2024 stands modified and the teachers would be required to undertake election duty during Diwali Vacation, which is from October 28, 2024 to November 12, 2024. Thereafter, on November 19, 2024 and November 20, 2024, such duties would be requisitioned," the bench noted in its order.

The bench said that the modified order took care of the apprehensions expressed by the petitioners, who are parents of students studying in the Green Mumbai Primary School, Kurla.

"In that view of the matter, it is not necessary to keep the writ petition pending. By keeping the issues raised therein open for being urged in an appropriate case, the writ petition is disposed of by accepting the communication dated October 17, 2024" the bench said, while disposing of the plea.

Background:

The petition filed through Senior Advocate Gayatri Singh cited the circulars issued by the authorities on August 15, 2024, August 20, 2024 and subsequent ones issued on October 1 and 4. These order/circulars, the petition contended, would mean that 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 highlighted

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.

The petition, however, is now disposed of.

Appearance:

Advocates Shreya Mohapatra and Sanjot Shirsath appeared for the Petitioners.

Advocate Akshay Shinde represented the ECI.

Assistant Government Pleader Vishal Thadani represented the State.

Case Title: Maniyar Hasina vs Election Commission of India (Writ Petition (Lodging) no: 31770 of 2024)

Click Here To Read/Download Order