Interim relief granted to Unaided Schools Forum, blocking compulsory deployment of teachers for census tasks in Maharashtra.
In a landmark decision, the Bombay High Court has granted interim relief to the Unaided Schools Forum, effectively safeguarding teachers from private unaided and minority schools in Maharashtra from being compulsorily deployed for census duties. The court's decision, delivered by Justices Gautam A. Ankhad and Sandesh D. Patil, emphasizes the absence of statutory obligations under the Census Act, 1948, and Census Rules, 1990, to requisition teaching staff from these educational institutions.
The writ petition, filed by the Unaided Schools Forum representing over 500 schools, challenged the notices and orders issued by the State Government and other authorities mandating the deployment of their teachers for census duties. The petitioners argued that such deployment disrupts academic activities and infringes upon the autonomy and fundamental rights of these schools under Articles 14, 19(1)(g), 29, and 30(1) of the Constitution of India.
The court noted that Section 4A of the Census Act only obligates "local authorities" to provide staff for census activities. Since private unaided schools do not qualify as local authorities, they are not bound by this statutory requirement. Furthermore, the court found that the Census Rules, when read contextually, pertain to government or aided schools and not private unaided institutions.
The judgment provides interim protection to the petitioners, preventing any coercive actions against the schools or their staff. The court also acknowledged the potential disruption to students' right to uninterrupted education if a substantial portion of teaching staff were diverted to census duties.
While the State Government contended that the Right of Children to Free and Compulsory Education Act, 2009, permits such deployment, the court clarified that Section 27 of the RTE Act merely provides exceptions to the prohibition on deploying teachers for non-educational purposes. It does not independently authorize the requisition of teachers from unaided schools without specific enabling rules under the Census Act.
The court's decision is a significant affirmation of the rights of private unaided educational institutions to maintain their operational integrity without unwarranted external interference. The matter is scheduled for final disposal on July 31, 2026, with further affidavits and rejoinders to be filed in the interim.
Bottom Line:
Deployment of teachers from private unaided and minority schools for census duties under Census Act, 1948 and Census Rules, 1990, prima facie, not permissible in absence of express statutory obligation or authority.
Statutory provision(s): Census Act, 1948 Sections 4, 4A, 6, 7, Right of Children to Free and Compulsory Education Act, 2009 Section 27
Unaided Schools Forum v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc id # 2904694
