New Delhi: The Delhi High Court on Tuesday directed the Election Commission of India (ECI) to ensure that election-related duties assigned to schoolteachers do not impose an “unbearable” burden on them, observing that teachers engaged in poll work after spending 6-8 hours in classrooms may undergo considerable stress.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the direction while hearing a public interest litigation (PIL) challenging the deployment of government school teachers for the ongoing Special Intensive Revision (SIR) of electoral rolls in the national capital.
The Delhi High Court said that while there was no dispute regarding the ECI’s constitutional authority to requisition teachers for election-related work, the mandate of Section 27 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, could not be overlooked.
“We, however, may also emphasise that after working in a school for 6-8 hours, if a teacher is engaged to perform election duties, it may cause stress and, therefore, it is expected of the Election Commission of India and its officers to be mindful of the stress which a teacher undergoes while performing election-related duties after the school hours and on non-teaching days,” the CJ Upadhyaya-led Bench observed.
It directed that while assigning election-related work to teachers, the ECI and its officers “shall take all appropriate steps so that the election-related work does not cause so much stress on teachers which may lead to unbearable burden.”
The Delhi High Court orally observed that many teachers, particularly in primary and junior schools, are women with family responsibilities and should not be overburdened. It questioned the language used in certain ECI communications and observed that asking teachers to work for nearly 11 hours a day was not appropriate.
It further asked that if teachers were being deployed only after school hours, why was there any occasion to issue directions restraining school principals from treating such absence as unauthorised leave. The ECI submitted that teachers were performing Booth Level Officer (BLO) duties after school hours, volunteers had also been deployed for the exercise, and efforts were being made to ensure that classroom teaching remained unaffected.
The poll panel submitted an affidavit stating that no teacher was being engaged in SIR work during school hours and that the ECI was strictly complying with the Supreme Court’s directions governing deployment of teachers for election duties.
On the other hand, the petitioner side alleged that teachers were receiving conflicting directions from school authorities and election officials regarding their duties. Taking note of the rival submissions, the Delhi High Court said that if the petitioner disputed the factual assertions made by the ECI, the same would have to be established through material placed on record.
“We will take action. You have to establish that they are in violation of the Supreme Court judgment. They have filed a fact sheet… If you have anything contrary to this, file it,” the CJ Upadhyaya-led Bench remarked.
Granting liberty to the petitioner to file a rejoinder to the ECI’s affidavit, the Delhi High Court posted the matter for further hearing on August 20.
The PIL seeks rationalisation of the deployment of teachers for SIR work and contends that non-teaching staff should be utilised for election-related duties so that academic activities in government schools are not adversely affected.
(IANS)
