The Hindu : National : Poll panel asked not to employ teachers during duty hours

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Poll panel asked not to employ teachers during duty hours

Special Correspondent

New Delhi: The Supreme Court on Thursday directed the Election Commission not to employ government teachers for poll-related duty during working hours as it affected the education of children.

A Bench of Justices S.B. Sinha and H.S. Bedi said, “We direct that all teaching staff shall be put on the duties of roll revisions and election works on holidays and non-teaching days. Teachers should not ordinarily be put on duty on teaching days and within teaching hours. Non-teaching staff, however, may be put on such duties on any day or any time, if permissible in law.”

The Bench rejected the contention of the Election Commission that holding of elections was a sovereign function in a democracy and it was mandated under the Constitution to ask for deployment of government staff for conducting elections.

‘Maintain balance’

The judges said that the “holding of an election is no doubt of paramount importance. But for the said purpose the education of the children cannot be neglected. Therefore, it is necessary to maintain the balance between the two.”

The Bench said that “with the advent of technology, requisitioning of a large number of people for carrying out the election work may not be necessary. The Election Commission and its officers can formulate an effective scheme to see that the services of a large number of teachers are not required.”

Writing the judgment, Mr. Justice Sinha said, “The State admittedly is not in a position to perform its sovereign function of imparting education. Such functions necessarily are required to be performed by the private actors. Those students who are in a position to get admission in the public schools presumably would also be in a position to appoint tutors whereas those students who are admitted to the government schools ordinarily would be from the middle or lower middle class or poor families.”

Heavy dropouts

The Bench pointed out that there were heavy dropouts from the schools, particularly in schools for girls. If the right to exercise franchise was an important one, the right to education was no less important, being a fundamental right, it said.

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