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Synopsis

The Election Commission of India (ECI) informed the Bombay High Court on Monday that revised orders have been issued requiring teachers to be available for election duty during Diwali vacations and on the 19th and 20th of November.

The statement was made by Advocate Akshay Shinde before a division bench comprising Justice AS Chandurkar and Justice Rajesh Patil.

The court was hearing a petition filed by a parent challenging the ECI's decision to deploy teachers for election duty during the upcoming Maharashtra State Assembly Elections.

The petition stated 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.

The bench accepted the statement and disposed of the petition while noting that the revised order takes care of the apprehension of petitioners.

“In the said communication, it is stated that the earlier order dated October 4 stands modified and teachers will be required to undertake election duty during Diwali vacation, which is from October 20 to November 12. Thereafter on November 19 and 20. On such dates, they will be requisitioned. We find that modified order takes care of apprehensions of petitioners,” the order reads.

The petition stated 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 was 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.