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Teachers Not to Be Deployed for Non-Educational Work Under RTE: Allahabad HC

Teachers Not to Be Deployed for Non-Educational Work Under RTE: Allahabad HC

19.08.2021 | Education News | EduLegaL  | www.edulegal.org | mail@edulegal.in

Allahabad High Court in Charu Gaur and 2 Others Vs State of U P and 6 Others — WRIT – A No. – 6975 of 2021, quashed orders of authorities of State and Parishad, deploying primary teacher as Booth Level Officer. The court directed the State Government to issue necessary instructions to the concerned District Magistrates and District Basic Education Officer that provisions of Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) shall not be contravened.

The single-judge Bench of Justice Vivek Chaudhary held:

“In view of the law laid down by this Court, referred to above, the direction issued by the authorities requiring the petitioners to perform work contrary to section 27 of the Right of Children to Free and Compulsory Education Act, 2009, is not liable to be sustained.”

The petitioner submitted that under Section 27 of the RTE Act deployment of teachers for non-educational purposes is prohibited. Rules of 2011, framed under the RTE Act 2009, also prevent such deployment.

The Court examined Section 27 of the RTE Act that reads:

“Prohibition of deployment of teachers for non-educational purposes. – No teacher shall be deployed for any non-educational purposes other than the decennial population census, disaster relief duties or duties relating to elections to the local authority of the State Legislatures or Parliament, as the case may be.”

Further, Rule 21(3) of Rules of 2011, framed under the RTE Act reiterates this prohibition to maintain the teacher-pupil ratio in schools. The court had established the legal position on this law in the case of U.P. Pradeshiya Prathamik Shikshak Sangh, Band & another Vs. State of U.P. & others — Writ Petition No.34082 of 2017. It was held in the above case that such an appointment is unsustainable and is contrary to Section 27.

In the present case, the court allowed the petition and set aside the appointment of the teacher to the post of Booth Level Officer. It further directed the State government and authorities to scrupulously comply with Section 27 of the RTE Act and to issue necessary instructions to District Magistrates and District Basic Education Officer of different districts ensuring adherence to the order.

Vaibhav Karadale | Research Intern | EduLegaL

Swapna Iyer | Legal Editor | EduLegaL

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