Teachers are not slaves, don’t force them to do Census work: Bombay high court

Observing that “teachers are not slaves”, the Bombay high court on Monday lambasted the state government for summoning them for census duty saying it cannot compel them to do it.

A division bench of justices PB Majmudar and Amjad Sayed was hearing a petition filed by Unaided Schools Forum and St Mary’s ICSE School, Vashi challenging a November 26, 2010, government resolution (GR) saying that for Census 2011 there is mass requirement of teachers from primary and secondary schools and “therefore teachers should be kept away from local examinations from January 1-March 15, 2011”. The judges have interimly restrained the state from taking coercive action against the teachers and asked state to find a solution. “In our view, prima facie such type of directions come in conflict with the academic activity of institutions,’’ they stated in their order.

Petitioner’s advocate Mihir Desai argued that government’s insistence on teachers for census work is “arbitrary and will affect the academic career of students.” The judges were also miffed.

“Teachers are not slavery-bound. Their job is to teach. What sort of education will they impart to children at this rate?’’ asked Majmudar. “It shocks our conscience that the government is asking to postpone examinations without consulting school management,’’ he added.

The judges observed that census work can be undertaken in vacations. They also observed that there are so many unemployed persons. “Give them temporary jobs,” said Majmudar.

Earlier the petitioners had approached the high court  challenging the notice by Navi Mumbai Municipal Corporation on April 1, 2010 to all schools including the private unaided primary schools.

On April 16, 2010, NMMC directed the St Mary’s principal to make 20 teachers available for Census duty.

The principal informed NMMC that teachers were busy with different duties and only five would be spared for Census work.

NMMC wrote back demanding presence of the school’s teachers as Census officer or else face penal consequences.