RTE Act | Teachers Can Be Given Election Duties Even Before Issuance Of Poll Notification: Allahabad High Court (DB)

The Allahabad High Court (division bench) has ruled that in view of Section 27 of the Right of Children to Free and Compulsory Education Act, teachers can be deployed for election duty even before issuance of the notification relating to elections to Local Body, a State Assembly or the Parliament.

The bench of Chief Justice Rajesh Bindal and Justice Jaspreet Singh further ruled that the teachers cannot be deployed during teaching days or teaching hours but can be on non-teaching days and non-teaching hours.

Essentially, the bench was answering the reference made to it by the Single Judge vide its order dated November 11, 2021, regarding the allotment of election duties (before or after the issuance of election notification) to teachers on teaching days/during teaching hours.

The entire controversy was around the interpretation of Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 which clearly provides that the teachers cannot be deployed for non-educational purposes.

However, this provision has three exceptions, namely, deployment in the decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament

The Single Judge was prima facie of the view that teachers could be deployed for election-related work even before the issuance of notification, however, noting that there were conflicting Judgments on the issue (both by division bench and single judge), the bench had found it appropriate to refer the matter to a larger Bench, so that the difference of opinion may be resolved.

Here it may be noted that in Kuldip Singh v. State of U.P. and others case, a Single Bench of the High Court had opined that teachers cannot be deployed for election work.

The analysis made by the Division bench

At the outset, the Court referred to Section 27 of the RTE Act to observe that 'duties relating to elections' has been mentioned as an exception to the general rule prohibiting the deployment of teachers for a non-educational purpose.

Therefore, the Court opined that this exception cannot be limited to only polling of votes for election rather it will encompass within all the works relating to the election, which includes revision of electoral roll as the same has a direct relation with the election.

Further, referring to Article 324 of the Constitution Of India [Superintendence, direction, and control of elections to be vested in an Election Commission], the Court noted that the preparation of electoral rolls is a prelude to conducting elections and therefore, when given comprehensive and inclusive meaning, preparation of electoral rolls is included in duties relating to elections.

The Court also took into account the apex court's ruling in the case of Election Commission of India v. St. Mary's School (2008) 2 SCC 390, which came before 2009 came into being, wherein it was opined that all teaching staff can be put on the duties of roll revisions and election works on holidays and non-teaching days.

In this very matter, the Top Court had directed that all teaching staff shall be put on the duties of roll revisions and election works on holidays and nonteaching days, and in compliance to this, even the Election Commission of India had issued guidelines in detail.

Consequently, overruling its judgment in the case of Kuldip Singh v. State of U.P. and others, Writ-A No.8516 of 2021 decided on August 24, 2021, the Allahabad High Court (DB) held the following:

- The teachers can be deployed for election duty even before the issuance of the notification relating to election to a Local Body, a State Assembly or the Parliament which includes work for the revision of electoral roll.

- The teachers cannot be deployed during teaching days or teaching hours but can be on non-teaching days and non-teaching hours.

Case title - Nirbhay Singh and others v. State of U.P. and others along with connected pleas

Case Citation: 2022 LiveLaw (AB) 373

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