In a significant judgment, the Madhya Pradesh High Court dismissed an appeal challenging the mandatory photo attendance system for teachers but directed the state government to address privacy concerns of female teachers and students. The division bench of Justice Anand Pathak and Justice Hirdesh ruled that while male teachers’ privacy is not impacted by the directive, female teachers’ concerns regarding potential misuse of photographs merit a solution.
Background of the Case
The appeal was filed by Mahesh Kumar Koli and another, both primary school teachers, against the State of Madhya Pradesh and others under Writ Appeal No. 353/2025. The petition challenged a circular dated November 28, 2024, issued by the CEO of Jila Panchayat, Vidisha, requiring teachers to mark their presence at school by submitting a “Jio Tap Photo” via WhatsApp to the Control Room of the Block Resource Center (BRC) and the District Education Center.
The petitioners argued that the circular contradicted the 2019 policy of the School Education Department, which had assigned the responsibility of ensuring attendance to a School Academy Committee comprising teachers and parents. They also raised concerns about the privacy of female staff and girl students, warning that the digital submission of photographs could be misused.
Key Legal Issues Considered
Legality of Photo-Based Attendance: The court examined whether the mandatory submission of photos for attendance was arbitrary or unlawful.
Right to Privacy: The petitioners contended that the circular violated privacy rights, particularly for female teachers and students.
Right to Education (Article 21A): The State justified the measure as necessary to curb absenteeism among teachers, ensuring quality education for students.
Issue of Proxy Teachers: The court also addressed concerns that some teachers delegate their duties to others in exchange for payment.
Court’s Ruling and Observations
The division bench dismissed the appeal, holding that ensuring attendance of teachers is not illegal or arbitrary and that the directive aligns with the State’s obligation to provide quality education under Article 21A of the Constitution of India. The court observed:
“Teachers are the builders of the nation. Their main duty is to impart education, and any mechanism ensuring their attendance should be welcomed rather than litigated.”
On the issue of female teachers’ privacy, the court acknowledged the potential risk of misuse of photographs and directed the government to find a secure alternative. It suggested the development of a dedicated mobile application (APP) for attendance tracking, stating:
“It is expected that the State Government, especially the Department of Information and Technology (MAP-IT), will come out with a tangible solution to protect the privacy of female staff while ensuring attendance compliance.”
Until such a solution is devised, the court permitted female teachers to mark attendance by submitting photographs of the school premises or the principal’s office instead of their own images.
Action Against Proxy Teachers
The court took serious note of the proxy teacher system, where appointed teachers allegedly send substitutes in their place. It directed the state to put an immediate stop to this practice and warned that:
“If any teacher is found involved in such misconduct, strict service and criminal action shall be taken against them.”
Final Decision and Costs Imposed
The appeal was dismissed as misconceived, and the court imposed a fine of Rs. 2,500 each on the appellants, to be deposited with the High Court Legal Services Authority within a month. The Principal Registrar was instructed to forward the judgment to the concerned authorities for compliance.
