The Allahabad High Court on July 9, asked the U.P Government authorities to instruct the concerned District Magistrates and District Basic Education Officer of different districts that teachers shall not be assigned work in teeth of the Right of Children to Free and Compulsory Education Act, 2009.
A Single Bench of Justice Vivek Chaudhary passed this order while hearing a Petition filed by Charu Gaur and 2 others.
The grievance of the Petitioners is that authorities of State and Parishad are appointing them as Booth Level Officer and various works which are not required to be performed by teachers have been entrusted to them.
Counsel for the Petitioners, a primary teacher (Shiksha Mitra) places reliance upon section 27 of the Right of Children to 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 the Rules of 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 of 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.”
The Court is of the view that the direction issued by the authorities requiring the Petitioners to perform work contrary to section 27 of the Right of Children to Free and Compulsory Education Act, 2009, is not liable to be sustained, the Court said.
“In such circumstances, Petitioners are permitted to approach respondents in respect of their grievance noticed above, alongwith computer generated/certified copy of this order, within a period of two weeks from today. The authorities concerned shall issue necessary instructions to the concerned District Magistrates and District Basic Education Officer of different districts to the effect that provisions contained under section 27 of the Act of 2009 shall be scrupulously complied with, and the Assistant Teachers shall not be assigned work in teeth of the provisions, referred to above”, the order reads.
With the aforesaid observations, the Court disposed of the Writ Petition.