Bhopal (Madhya Pradesh): High Court, Gwalior bench said that the privacy of a male teacher is not affected in sending his photograph as proof of attendance but it is a matter of concern for female teachers’ privacy. A PIL was filed by male teachers of Vidisha challenging photograph-based attendance rule for teachers and students in government schools.
The division bench of Justice Anand Pathak and Justice Hirdesh passed the order.
However, the court expressed concern over privacy of female staff and girl students and suggested the state government's Department of Information and Technology, to devise a solution by creating a new app or amending the existing app, to protect the privacy of female staff/girl students and also ensure attendance of both male and female teachers.
Till a solution is found, the court said female teachers can send photograph of school or Principal's office as proof of attendance.
As per the factual matrix of the case, the two petitioners/appellants are male Primary School Teachers who are aggrieved by the November 28, 2024 Circular issued by CEO, Jila Panchayat, Vidisha for ensuring presence of teachers and students in the Primary School/High School/Higher Secondary School falling in the district. To ensure presence of teachers and students, the circular makes it mandatory for every teacher to mark his/her presence at 10:00 am and to remain present till 4:00 pm in the school.
As per the circular, at 10:00 am when teachers/students join the school, he/she will have to submit JIO Tap Photo on Whatsapp in Control Room of BRC Office and District Education Centre.
‘HC admits privacy issue of female teachers’ Additional Advocate General Vivek Khedkar informed Free Press, ‘HC admitted privacy issue for female teachers but said that they can upload photographs of school or principal till solution is found. HC denied that it is matter of privacy of male teachers.’
