The Punjab and Haryana High Court (HC) has stayed a Haryana government communication requisitioning private school teachers for census duty. The HC bench of Justice HS Brar acted on a plea from the Haryana Progressive Schools Conference, which argued that the compulsory deployment of teaching staff from private unaided schools for duties unconnected with teaching, in the absence of clear statutory authority, amounts to impermissible interference with the autonomy of these institutions
The court was informed that authorities had sought details of teachers working in private and government schools for Census 2027. “The respondents have no statutory authority under the Census Act, 1948, or the rules framed thereunder to requisition the teaching staff of private unaided schools for appointment as enumerators or supervisors,” the petitioner submitted. The plea added that Section 4A of the Census Act specifically contemplates making available officers and staff of local authorities for census work, whereas private unaided schools and their employees do not fall within the scope of a “local authority”.
“It is, therefore, contended that the impugned communications, whereby the respondents have sought details of teachers working in private unaided schools for their deployment for census duty, are without jurisdiction and authority of law,” the plea mentioned, further adding that the impugned action amounts to an impermissible interference with the petitioner’s right to administer and manage the educational institutions represented by it and also affects the autonomy of such private unaided institutions in the matter of deployment of their teaching staff.
The action of the respondents is also violative of the constitutional protections relied upon by the petitioner, including Articles 14 and 19(1)(g) of the Constitution, the court was told. “The private unaided schools represented by the petitioner do not fall within the ambit of local authority and, consequently, the respondents cannot, merely by way of administrative instructions or communications, enlarge the statutory power conferred by Section 4A of the Census Act so as to include the teaching staff of such institutions,” the court was told, further arguing that in this background a case for the interim protection is made out by the petitioner.
{{/usCountry}}The action of the respondents is also violative of the constitutional protections relied upon by the petitioner, including Articles 14 and 19(1)(g) of the Constitution, the court was told. “The private unaided schools represented by the petitioner do not fall within the ambit of local authority and, consequently, the respondents cannot, merely by way of administrative instructions or communications, enlarge the statutory power conferred by Section 4A of the Census Act so as to include the teaching staff of such institutions,” the court was told, further arguing that in this background a case for the interim protection is made out by the petitioner.
{{/usCountry}}The court deferred the hearing to April 29, 2027, and sought a response from the Haryana government while staying its communications dated September 1 and 7 regarding private unaided schools.