The Punjab and Haryana high court (HC) has stayed communication from the Mohali district administration asking private schools, even unaided ones, to deploy teachers for Census duty.
The order from the bench of justice Kuldeep Tiwari came on a plea from Mohali private unaided schools association alleging that authorities are compelling the teaching and non-teaching staff of private unaided, self-financed educational institutions to participate in Census-2027, Phase-2, as enumerators, supervisors and other census functionaries.
The association had challenged the October 6 communication from Census officer-cum-executive officer, municipal council, Kharar, and Census officer-cum-executive officer, municipal council, Zirakpur, issued under the instructions of deputy commissioner.
‘Were threatened of FIR in case of non-compliance’
Their counsel, Vinay Kumar Pandey said they were deployed during Phase-1 of the Census exercise and are now being called to participate in Phase-2. The association also alleged that authorities have also allegedly threatened the school managements with penal action, including the registration of First Information Reports (FIRs), in the event of non-compliance.
“...The academic session is in progress and the sudden withdrawal of teachers and other staff would seriously disrupt classroom teaching, examinations, academic assessments and other essential institutional activities, thereby prejudicing the interests of students,” the plea said.
Pandey had also informed the court that a similar issue has arisen in the case of deployment of teachers from private unaided schools in Haryana and a co-ordinate bench on October 8 had stayed the government order in question.
{{/usCountry}}Pandey had also informed the court that a similar issue has arisen in the case of deployment of teachers from private unaided schools in Haryana and a co-ordinate bench on October 8 had stayed the government order in question.
{{/usCountry}}Census Act
He also pointed out that the provisions of the Census Act, 1948, do not authorise the authorities to requisition the services of teachers employed in private schools for performing census duties.
The central government counsel had submitted that the provision of Section 4A of Census Act, 1948, was not considered in the matter related to Haryana. According to Rule 3 of Census Rules 1990, the enumerators include teachers, clerks, or any official, or any person, thereby authorising the census department to requisition the services of teachers employed in privately managed schools, he added.
The court observed that Section 4A of the law in question deals with the availability of staff of every local authority for the purpose of conducting a Census. “Upon a conjoint reading of the aforesaid provisions, this court is of prima facie view that the same do not include teachers exclusively employed in private unaided schools, which have their own autonomous administrative structure,” the court observed.
“Consequently, the operation of both the impugned orders are hereby stayed,” the court said in its order of October 13 and has posted the matter for further hearing on February 10.