Bombay High Court Halts State's Requisition of Teachers for Census Duties
HC restrains state from requisitioning staff of unaided schools for census duty

Image: Hindustan Times
The Bombay High Court has temporarily restrained the Maharashtra state government from deploying teachers from over 500 private unaided and minority schools for Census 2027 duties. The court ruled that the provisions of the Census Act do not apply to these teachers, emphasizing the potential disruption to educational activities.
- 01The court's decision affects over 500 private unaided and minority schools in Maharashtra.
- 02The petition challenged the legality of deploying teachers under the Census Act, claiming it violated fundamental rights.
- 03The government had issued coercive notices for teachers to serve as enumerators or supervisors, threatening penalties for non-compliance.
- 04Senior advocate Venkatesh Dhond argued that requisitioning teachers would disrupt academic activities and potentially close schools.
- 05The court noted that private unaided schools do not fall under the definition of 'local authority' as per the Census Act.
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On Friday, the Bombay High Court granted interim relief to over 500 private unaided and minority schools in Maharashtra, staying the state government's orders to deploy teachers for Census 2027 duties. The court ruled that the provisions of the Census Act do not apply to teachers in these institutions, as they are not classified as 'local authority.' The petitioners argued that the compulsory requisition of teachers violated their fundamental rights and would severely disrupt educational activities. Notices from the government had threatened coercive action against schools that did not comply, leading to unilateral appointments of teachers as enumerators or supervisors without the schools' consent. Senior advocate Venkatesh Dhond highlighted that requisitioning nearly all teaching staff would render schools incapable of functioning effectively, potentially leading to closures. The court's decision emphasized the importance of uninterrupted education for students and noted that the Right to Education Act does not provide the state with the authority to compel teachers for non-educational duties without specific provisions in the Census Act. As a result, the court stayed the implementation of the government's orders.
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The court's ruling protects the teaching staff of private schools from being requisitioned for census duties, ensuring that educational activities can continue without disruption.
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