Allahabad High Court Upholds Deployment Of Government Teachers For Election Duties

Prayagraj: The Allahabad High Court has upheld the deployment of government teachers for election-related duties, ruling that they cannot refuse such assignments on the ground that their primary responsibility is teaching.

The court observed that while imparting education to children is the fundamental duty of teachers, they can also be assigned election-related work under the Constitution and the Representation of the People Act.

Justice Vinod Diwakar passed the order while dismissing a petition filed by five assistant teachers, including Azra Parveen, working in junior and senior basic schools in Saharanpur. The petitioners had sought exemption from duties related to the preparation and revision of electoral rolls.

They argued that their service conditions did not provide for deployment as Booth Level Officers (BLOs) and that assigning them such responsibilities would adversely affect the education of children.

The petitioners also contended that the deployment violated Article 21-A of the Constitution, which guarantees the right to education, and provisions of the Right to Education Act.

However, the court rejected their arguments, holding that government teachers could legally be appointed as BLOs and assigned responsibilities relating to the preparation, correction and revision of electoral rolls, including the Special Intensive Revision (SIR).

The court observed that Section 27 of the Right to Education Act permits the deployment of teachers for election-related duties. The work of BLOs falls within this statutory exception.

It further pointed out that the preparation and revision of electoral rolls are statutory responsibilities under the Representation of the People Act, 1950, and teachers cannot claim exemption from such duties merely by citing their teaching responsibilities.