The Delhi High Court has directed the Election Commission (EC) to clarify its stance on whether election duties can be made compulsory for government school teachers. The court sought a response to a Public Interest Litigation (PIL) challenging the extensive deployment of teachers as Booth Level Officers (BLOs) and enumeration staff for the ongoing Special Intensive Revision (SIR) of electoral rolls in Delhi.
A bench comprising Chief Justice D. K. Upadhyaya and Justice Tejas Karia instructed the EC to submit a short affidavit by Monday, with the next hearing scheduled for July 28. The court critically questioned the EC's authority to mandate such duties for teachers, particularly under Article 324 of the Constitution, asking if it implied the Commission could “do whatever you want.”
Concerns Over Impact on Education
The PIL, filed by advocates Rajesh Kumar Gogna and Ashok Agarwal, argues that the mass deployment violates the fundamental rights of lakhs of children to education under Articles 14, 21, and 21A of the Constitution, as well as provisions of the RTE Act, 2009. Petitioners claim that the withdrawal of regular teaching staff from government, municipal, and government-aided schools for election work disrupts classroom teaching, sometimes forcing guest teachers or those from unrelated subjects to cover classes.
EC's Defense and Court's Observations
The Election Commission's counsel contended that the SIR is a nationwide exercise and teachers are only required to work during non-teaching hours or holidays. The counsel also mentioned that teachers receive compensation and an honorarium, and that only a small percentage (10-14%) are typically called upon. The EC lawyer added that the Commission adopts a “liberal” view, often requesting more teachers than are ultimately deployed by schools.
However, the bench observed that if participation were truly voluntary, it would consider disposing of the PIL. The court emphasized that teachers are not employees of the Election Commission and highlighted that refusal to comply with the EC's directions could lead to penal consequences, which further underscores the non-voluntary nature of the duty. The judges questioned the notion of mandatory service when teachers might prefer rest over honorariums.
PIL's Demands and Next Steps
The PIL seeks directions for authorities to rationalize teacher deployment, capping it at 10% of staff and scheduling duties outside teaching hours. It also urges the EC to prioritize the utilization of non-teaching staff for the SIR process. The outcome of the EC's affidavit and the subsequent hearing on July 28 will be crucial in determining the future policy regarding teacher involvement in election duties.