Court No. - 23
Case :- SERVICE SINGLE No. - 26870 of 2018
Petitioner :- Rachna Pandey & Ors.
Respondent :- State Of U.P.Thru.Addl.Chief Secy.
(Basic Education)Lko. &Ors
Counsel for Petitioner :- Alok Mishra
Counsel for Respondent :- C.S.C.,Ajay
Kumar,Manish Mishra
Hon'ble Irshad Ali,J.
Heard learned counsel for the parties and perused
the material on record.
The present writ petition has been filed by the
petitioners seeking writ of certiorari for quashing
of the orders dated 27.08.2018, 04.09.2018 and
06.09.2018, passed by the respondent No.4,
whereby direction has been issued to the
petitioners to perform duties of the revision of
electoral roll as Booth Level Officer.
Learned counsel for the petitioners placed reliance
upon Section 27 of the Right of Children for Free
and Compulsory Education Act, 2009 as well as
rules framed thereunder. Section 27 of the Act of
2009 as well as Rule 21 (3) of Rules 2011 reads as
under :-
"Section 27. Prohibition of deployment of teachers
for non-educational purposes.- No teacher shall be
deployed for any non-educational purposes other
than the decennial population census, disaster
relief duties or duties relating to elections to the
local authority or the State Legislatures or
Parliament, as the case may be.
Rule 21(3). For the purpose of maintaining the
pupil-teacher ratio, no teacher posted in a school
shall be made to serve in any other school or
office or deployed for any non-educational
purpose, other than the decennial population
census, disaster relief duties or duties relating to
elections to the local authority or the State
Legislatures or Parliament." It is the contention of the learned counsel for the
petitioners that such requisition is illegal and is in
the teeth of the provisions of section 27 of Right of
Children to Free and Compulsory Education Act,
2009, which provides that no teacher shall be
deployed for any non-educational purposes other
than the decennial population census, disaster
relief duties or duties relating to elections to the
local authority, or to the State legislatures or
Parliament, as the case may be. It has been
submitted that the revision of the voter-list does
not fall in any of those categories because that
does not relate to decennial population census and
as the elections have not yet been notified,
therefore, the deployment, as directed, is illegal
and is in the teeth of the provisions of Section 27
of the RTE Act, 2009. In support of the aforesaid
submission, reliance has also been placed on a
Division Bench decision of this Court in Sunita
Sharma v. State of U.P. and others : 2015 (3)
ESC 1289 (All) (DB).
The matter requires consideration.
Learned counsel for respondents pray for and are
allowed three weeks time to file counter affidavit.
Two weeks, thereafter, shall be for the petitioners
to file rejoinder affidavit.
List thereafter.
In the meantime, the petitioners shall not be
forced to perform duties as Booth Level Officers.
Order Date :- 18.9.2018
Adarsh
