Don't Deploy Teachers For Non-Educational Purposes In Teeth Of RTE Act: Allahabad High Court Directs UP Govt. To Issue Directions

The Allahabad High Court last week asked the Uttar Pradesh Government authorities to instruct the concerned District Magistrates and District Basic Education Officer of different districts that Teachers shall not be assigned work in teeth of the RTE Act [Right of Children to Free and Compulsory Education Act, 2009].

The Bench of Justice Vivek Chaudhary was hearing the plea filed by 3 primary teachers who submitted that authorities of State and Parishad are appointing them as Booth Level Officer and that various other works were being assigned to them which are not required to be performed by teachers.

The Court ruled that the direction issued by the authorities requiring the petitioners to perform work contrary to section 27 of the Right of Children to Free and Compulsory Education Act, 2009, is not liable to be sustained.

In reaching this conclusion, the Court referred to Section 27 of the Act of 2009 as well as rule 21(3) of the Rules of 2011. 

While Section 27 of the Act of 2009 prohibits deployment of teachers for non-educational purposes, Rule 21(3) says -  "For the purpose of maintaining the pupil-teacher ratio, no teacher posted in a school shall be made to serve in any other school or office or deployed for any non-educational purpose, other than the decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament."

In view of these provisions, the Court directed the State Government:

"The authorities concerned shall issue necessary instructions to the concerned District Magistrates and District Basic Education Officer of different districts to the effect that provisions contained under section 27 of the Act of 2009 shall be scrupulously complied with, and the Assistant Teachers shall not be assigned work in teeth of the provisions"

With the aforesaid observations, the writ petition stood disposed of.

Case title - Charu Gaur And 2 Others V. State Of U P And 6 Others

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