Teachers in private schools cannot be compelled to perform Census duties

Bombay High Court rebukes the Union and State Governments

Mumbai – The Bombay High Court reprimanded the Central and State Governments, stating that teachers and non-teaching staff from private and minority unaided schools in the State cannot be compelled to perform census duties. The vacation bench comprising Justices Gautam Ankhad and Sandeep Patil granted interim stay on the related government order and also issued strict directions that no criminal or punitive action should be taken against teachers or staff who do not report for census work, nor should any notices regarding such action be issued to them. The next hearing in the matter will take place before the regular bench on 31 July.

According to the Census Act, such work can be carried out by officers and employees of the government or local administration. Since private unaided schools do not fall within the definition of government administration, the government has no authority to impose such duties on their teachers.

What is the matter about?

An association representing 500 unaided and minority schools in the State had filed a petition in court opposing the compulsory census duties. These schools do not receive grants from the government and operate through students’ fees. Despite this, 133 teachers from St. John’s School in Mumbai and 111 out of 144 teachers from Chhatrabhuj School in Pune had been assigned census work. The petitioners questioned, “If teachers are assigned such work, then who will teach the students?”