Smt. Mehru Saeed v. State of U.P. and 3 Others
Case brief
What is this about?
The court disposed of writ petitions challenging the deployment of a teacher for electoral roll preparation. Relying on Section 27 of the Act, 2009 and a Division Bench judgment, it held that deployment is permissible under specific exceptions but modified the order to conform to Supreme Court directions on duty hours.
What did the court decide?
The impugned order was modified to the extent it contradicted Section 27 of the Act or the Division Bench judgment.
What the court decided
Court No. - 7
Case :- WRIT - A No. - 14820 of 2018
Petitioner :- Smt. Mehru Saeed Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Dixit,Smt. Richa Dixita Counsel for Respondent :- C.S.C.,Yogendra Singh Bohra
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
In all these writ petitions the common question involved is the validity of deployment of the petitioners to prepare electoral rolls etc. An order dated 18.06.2018 has also been issued by the respondent No.3 directing the petitioner to report at the Tehsil for non-education work which is impugned in the writ petition. Learned counsel for the petitioner submit that in view of the provisions of Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as 'the Act, 2009'), the petitioner cannot be deployed for any non educational purposes.
Sri R. P. Dubey, learned Additional Chief Standing Counsel and learned counsels for District Basic Education Officer jointly submit that the petitioner has been deployed in terms of Section 27 of the Act, 2009. He relied upon a Division Bench Judgment of this Court in P.I.L. No.36449 of 2016 decided on 08.08.2016.
I have carefully considered the submissions of learned counsel for the parties.
Issues for consideration
3 issues framed by the court
Whether deployment of teachers for electoral roll preparation violates Section 27 of the Right of Children to Free and Compulsory Education Act, 2009.
Whether the impugned order directing the petitioner to report for non-education work is valid in light of statutory prohibitions.
Whether the impugned order can be modified to align with Supreme Court directions regarding teaching staff duties.
Parties & counsel
- petitioner
Smt. Mehru Saeed
- respondent
State Of U.P.
Coram
Surya Prakash Kesarwani
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- WRIA/14820/2018
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