The Delhi High Court has instructed the Election Commission of India to ensure government school teachers assigned to electoral roll revision duties are not subjected to excessive stress or overburdened, emphasizing the need to balance electoral processes with students’ right to education.
A bench comprising Chief Justice D. K. Upadhyaya and Justice Tejas Karia addressed a public interest litigation challenging the deployment of teaching staff for the ongoing Special Intensive Revision exercise in the national capital. The court expressed strong dissatisfaction with the tone of a recent directive from election authorities to school principals, describing its language as intimidating. The judges noted that many assigned educators, particularly women managing family responsibilities, face demanding 11-hour workdays when combining classroom duties with election assignments.
Balance Between Statutory Rights and Election Duties
The court highlighted statutory obligations under the Right to Education Act, cautioning that electoral revision must not undermine classroom instruction. While acknowledging the significance of updating voter lists, the bench directed officials to adopt a more sensitive approach toward teachers serving as booth level officers and enumeration staff after regular school hours.
To evaluate claims regarding classroom disruptions, the bench instructed the petitioner to submit a response detailing specific instances where teachers were compelled to prioritize voter registration over teaching obligations. The court has scheduled the next hearing for August 20.
Election Commission Defends Deployment
Responding to the concerns, counsel representing the Election Commission stated that the revision drive is scheduled to conclude on August 8 and that regular academic instruction remains unhindered. The commission informed the court that duties are assigned strictly during non-teaching hours, holidays, or non-teaching days in compliance with Supreme Court guidelines.
The election body further maintained that roughly 14 percent of the total teaching staff has been enlisted for the exercise, adding that no formal complaints have been received from educators. Officials also noted that volunteers and refreshments have been provided to support field staff.
Petition Calls for Deployment Caps
The legal challenge was initiated through a public interest petition filed by advocates Rajesh Kumar Gogna and Ashok Agarwal to safeguard the educational rights of children in Delhi’s government, municipal, and government-aided schools. The petition highlighted an instance in the Ambedkar Nagar constituency where 149 teachers from 15 institutions were requisitioned, alleging that entire regular faculties in some schools were removed during class hours, leaving instruction to guest teachers or staff teaching unrelated subjects.
The petitioners contend that such deployment violates provisions of the Right to Education Act, 2009, and established judicial precedents, while overlooking available non-teaching staff under the Representation of the People Act. The plea requests a court directive to cap teacher deployment at 10 percent, restrict election duties strictly to non-teaching hours, and require authorities to utilize non-teaching personnel first.
