Teachers of aided educational institutions have to do Lok Sabha election duty: Bombay High Court

Teachers of aided educational institutions have to do Lok Sabha election duty: Bombay High Court

Narsi BenwalUpdated: Tuesday, May 28, 2019, 11:58 PM IST
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Mumbai: In a major setback for teachers of aided educational institutions, the Nagpur bench of the Bombay High Court, last week, said teachers will have to perform election duties. The HC said teachers cannot avoid to perform election duties.  A bench of Justices Ravi Deshpande and Shreeram Modak also warned the teachers of “disciplinary action” against those who fail to perform the poll duty.

“The teaching staff cannot avoid the performance of election duties and failure to perform such duties may result in taking disciplinary action against the concerned member,” held the judges. The bench was dealing with a bunch of petitions challenging orders of the Election Commission asking teachers to perform election duties.

The teachers vehemently opposed the orders claiming they cannot be asked to report to work on days when exams are slated to take place. The bench, however, noted the universities have already postponed the exam dates which clashed with the election dates. “

Upon re-schedule of university examinations, the petitioners and the teaching staff can conveniently be called to perform election duties on the day of polling and one day before and after the date of polling,” the order authored by Justice Deshpande, reads. “Considering the importance, priority, object and mandate of the laws, the university authorities have decided to pave way for the smooth parliamentary elections.

On the date of polling and one day before and after it, there are no university examinations,” the judges noted. —Narsi Benwal The bench further noted that even the training to these teachers would be given on days, other than working or exam days.

“If there are any genuine difficulties in parting with the service of a particular teaching staff, a request can always be made to the concerned authorities, which may consider it upon such satisfaction, to grant exemption,” the bench said while dismissing the plea filed by hundreds of teachers.

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