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Regular-article-logo Saturday, 20 April 2024

Teachers off poll duty on school days

Calcutta High Court asks election commission to re-issue notification

Our Legal Reporter Calcutta Published 28.09.18, 10:25 PM
Calcutta High Court

Calcutta High Court File

Calcutta High Court has restrained the Election Commission of India from engaging schoolteachers in poll-related jobs like roll revisions on school days.

The poll panel had issued a notification on August 20 saying Bengal government employees, including teachers of state-aided schools, would be enlisted towards the summary revision of the state’s electoral rolls ahead of the general election.

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“For the sake of the education of the school students, the teachers cannot be engaged in other duties while the schools are on,” Justice Tapabrata Chakrabarty ruled on Friday.

“The court is setting aside the August 20 notification, giving the ECI liberty to issue a fresh notification sparing teachers from poll duty on school days.”

Following the notification, the commission had already recruited thousands of schoolteachers to the job, with work hours of 11am to 4pm on weekdays and 11am to 5pm on holidays. The summary revision began on September 1 and will continue till October 31.

The poll panel has for years been engaging teachers from government and aided schools, mainly primary schools, in various election-related jobs.

Bengal chief electoral officer Aariz Aftab did not respond to calls to his cellphone. Sources said the ECI would respond formally after going through the order.

Sutandra Haldar, a teacher from South Alipur Primary School, had petitioned the high court challenging the validity of the notification. Several other teachers from various schools had become party to the case to support her petition.

Appearing for the petitioners, advocate Firdaus Shamim had argued that the poll panel notification was illegal as it curbed the students’ fundamental right to education.

“If the ECI is allowed to proceed with its decision, the students will suffer. Students’ rights cannot be curbed for the sake of elections,” Shamim said.

Appearing for the commission, advocate Dwaipayan Chowdhury had argued that the poll panel had acted within its constitutional powers. “State government employees alone cannot do this vast job (rolls revision). For the sake of democracy, revision of the voters’ list is a must,” he said.

The CPM-controlled All Bengal Teachers’ Association welcomed the order. Its general secretary, Krishnaprasanna Bhattacharya, said his organisation was not against schoolteachers’ enlistment for poll duties but opposed their being engaged for days at a stretch during school hours.

The Trinamul-backed Paschim Banga Shikshok O Shiksha Samiti too said it believed that a teacher’s principal job was to teach. Samiti president Sanghamitra Bhattacharya, however, said it would not oppose the deployment of members on poll duty.

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