Teaching and Non-Teaching Staff of Private Institutions Exempted from Census Responsibilities, Orders Kept in Abeyance
In a significant decision, the Allahabad High Court has ruled that the teaching and non-teaching staff of private aided and unaided institutions in Uttar Pradesh cannot be requisitioned for census duties. The court's decision came in response to a writ petition filed by the Independent Self Financed Schools Association, challenging the directives issued by the District Inspector of Schools (D.I.O.S.), Gautam Budh Nagar, mandating private institutions to provide staff for census operations.
The Court, presided over by Justice Siddharth Nandan, deliberated on the applicability of Section 4A of the Census Act, 1948. It was asserted by the petitioner’s counsel that the staff of private educational institutions does not qualify as 'local authority' under this provision, and thus cannot be compelled to participate in census duties. The petitioner drew parallels with Section 159 of the Representation of the People Act, 1951, which similarly excludes private institution staff from such obligations.
The court supported the petitioner's stance, referring to precedents including a recent judgment from the Bombay High Court and Supreme Court interpretations, which clarified that only government servants and local authorities fall within the purview of mandatory service for public duties like elections and census.
Counsel for the respondent argued that the State has the authority under the Census Act to requisition staff for census duties, which was countered by pointing to provisions under the Right of Children to Free and Compulsory Education Act, 2009, specifically Section 27, which limits such deployment to government teachers only.
In light of these arguments, the Court found that the directives issued on April 8 and April 29, 2026, by the D.I.O.S. were not in accordance with the statutory provisions. Consequently, these orders have been suspended pending further orders, providing temporary relief to private educational institutions.
The State has been directed to submit its counter-affidavit within four weeks, followed by a rejoinder from the petitioners. The matter is scheduled for further hearing after the completion of these submissions.
Bottom Line:
Staff of private aided and unaided institutions does not fall under the definition of 'local authority' as per Section 4A of the Census Act, 1948, and cannot be requisitioned for census duties.
Statutory provision(s): Census Act, 1948 Section 4A, Right of Children to Free and Compulsory Education Act, 2009 Section 27, Representation of The People Act, 1951 Section 159
