The Allahabad high court has observed that government teachers can be assigned election-related duties as booth level officers (BLOs), including work pertaining to preparation, revision, correction of electoral rolls, special intensive review (SIR), etc.
A single judge bench of justice Vinod Diwakar referred to section 27 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), which expressly permits the deployment of teachers for election-related duties and that BLO duties fall within this exception.
Making this observation, the high court dismissed a writ petition filed by Azra Parveen and four others, working as assistant teachers at junior/senior schools in Saharanpur. They had challenged their deployment as BLOs.
Rejecting the petitioners’ contention that their deployment violated Article 21-A (right to education) of the Constitution, the court said the petitioners failed to show that their assignment as BLOs prejudiced their teaching duties or the education of children.
The petitioners had sought a direction to the authorities to detach them from their duties as BLOs and restrain them from interfering with their discharge of duties as teachers.
The petitioners’ contention was that there was no provision in the terms and conditions of their service under which they could be assigned BLO duties. They further argued that such deployment was contrary to Article 21-A of the Constitution, read with the provisions of the RTE Act and the Rules framed thereunder, as it diverted teachers from their core duty of imparting education.
{{/usCountry}}The petitioners’ contention was that there was no provision in the terms and conditions of their service under which they could be assigned BLO duties. They further argued that such deployment was contrary to Article 21-A of the Constitution, read with the provisions of the RTE Act and the Rules framed thereunder, as it diverted teachers from their core duty of imparting education.
{{/usCountry}}Finding no merit in the petition, the court noted that the preparation and revision of electoral rolls is a statutory function under the Representation of the People Act, 1950. It further observed that Article 324 of the Constitution vests the superintendence, direction and control of elections in the Election Commission of India (ECI).
The court also referred to section 13CC of the 1950 Act, under which officers and staff of the state government and local authorities employed in the preparation, revision and correction of electoral rolls are deemed to be on deputation to the Election Commission for that period.
Finally deciding the issue, the high court noted that section 27 of the RTE Act expressly permits the deployment of teachers for election-related duties and that BLO duties fall within this exception. Therefore, finding no ground to entertain the petition, the high court in its judgment dated November 2 dismissed the writ petition.