In a major relief for educators in private institutions, the Allahabad High Court has ruled that teaching and non-teaching staff of both aided and unaided private schools cannot be forced to perform duties under the Census Act, 1948.
With this landmark observation, the High Court stayed an order issued by the District Inspector of Schools (DIOS) of Gautam Budh Nagar, which had directed private school managements to submit complete lists of their employees for deployment in census operations.
The ruling, which was delivered on May 21 and came to light on Monday, represents a significant legal victory for private educational institutions fighting administrative overreach.
The Court’s Observation: Private Schools Are Not ‘Local Authorities’
Hearing the matter, Justice Siddharth Nandan noted that private teaching institutions do not fall under the legal definition of organizations required to assist in national census-taking.
“This Court prima facie finds that the teaching and non-teaching staff of private institutions, whether aided or unaided, cannot be said to fall within the purview of ‘local authorities,’ i.e., the B.S.A., D.I.O.S., and the D.P.R.O., who alone are required to provide their staff, as also contemplated in the letter dated 01.04.2026,” Justice Nandan observed in the order.
The court further added that, in light of a list forwarded by the B.S.A. to the Charge Officer pursuant to a letter dated April 8, 2026, employees of these private aided and unaided institutions cannot be made liable for any administrative tasks under the Census Act, 1948.
Why the Association Challenged the DIOS Order
The high court’s intervention follows a petition filed by the ‘Independent Self Financed Schools Association’. The association approached the court to challenge the DIOS Gautam Budh Nagar’s mandate, which required school principals and management to hand over staff rosters.
Representing the schools, the petitioner argued that private educational staff are not legally bound to assist with the census. Under Section 4A of the Census Act, 1948, only “local authorities” are legally mandated to provide staff for census duties upon receiving an official directive.
The association successfully argued that private institutions cannot be classified as local authorities under the law. They emphasized that these institutions are neither controlled by the government nor function as its subsidiaries, thus exempting them from public administrative obligations.
What Happens Next?
By staying the DIOS order, the High Court has temporarily halted any forced recruitment of private school teachers and workers for census-related work in the district.
To resolve the legal dispute, the High Court has directed the state government to file a counter-affidavit addressing the matter within four weeks.
