Plea Before Bombay High Court Challenges Circulars Deploying School Teachers For Poll Duty For State Assembly Election

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Synopsis

It argued that despite ample government staff, teachers are repeatedly deployed as BLOs, necessitating their absence from schools during teaching hours for extended periods and leading to significant academic loss for students.

A petition has been filed in the Bombay High Court challenging the circulars issued by the Election Commission of India (ECI) and the Brihanmumbai Municipal Corporation (BMC), which deploy teachers from the education department for polling duty during the upcoming Maharashtra State Assembly Elections.

The petition was heard by a division bench comprising Justice AS Chandurkar and Justice Rajesh Patil. During the hearing, the ECI counsel sought time to take instructions. The bench has now posted the matter for an urgent hearing on 21st October.

The petition states that teachers deployed as BLOs are required to be absent from schools for 3 days a week to carry out election-related duties, thereby significantly disrupting the education of the students enrolled in these schools.

Furthermore, it stated that the nature of the work required to be performed by BLOs is physically draining with no rest. If teachers are deployed as BLOs for 3 days a week, they will inevitably be exhausted and get drawn away from their primary responsibility of educating children.

Additionally, the petition states that disruption in a child’s education would be violative of the right to education under Article 21A of the Constitution.

“That the disruption of children's education, caused by teachers being deployed as BLOs and therefore absent from schools, infringes upon the children's fundamental right to education under Article 21 A of the Constitution of India,” the plea states.

It is also argued that despite ample government staff, teachers are repeatedly deployed as BLOs, necessitating their absence from schools during teaching hours for extended periods and leading to significant academic loss for students.

The petitioner also submitted that students in municipal schools come from low-income groups and deployment of teachers will impact these students.

“That a significant portion of students in government and municipal schools comes from low-income and vulnerable backgrounds, heavily relying on their teachers for learning and developmental support; the absence of teachers for BLO duties disproportionately impacts these students,” the plea states.