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No poll duty for unaided schools’ staff

The Bombay high court (HC), in a recent order, has stayed the summoning of staff of private, unaided schools for election duty.

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The Bombay high court (HC), in a recent order, has stayed the summoning of staff of private, unaided schools for election duty.

“Collectors started sending notices to private unaided schools for requisitioning of staff and teachers for election duty. The supreme court has already held that teachers can’t be taken for election duty during work hours. Schools can’t compel any staff to do extra work after work hours. Hence we approached the HC. The HC has made impermissible the summoning of staff,” said SC Kedia, joint secretary of the Unaided Schools Forum.

“The arrogance and harassment of officers forced us to move HC,” said Rohan Bhat, chairperson of Children’s Academy group of schools and member of the forum. Kedia said that private unaided schools do not fall under the purview of public authority, they do not get any state government aid, nor does the government have control over their administrative matters.

“The advocate representing the state told the court that whatever notices have been sent to these unaided schools asking for requisition of staff for election duty won’t be implemented. The order is an interim relief to our pending disposal of the final petition where we’ve challenged that we don’t come under public authority,” said Kedia.

Meanwhile, the advocate representing the Unaided Schools Forum, wrote a letter to the collectors of Mumbai district, Mumbai suburbs and Thane on Saturday informing them about the order.

“Effect of the order is that the honourable court has found that the summoning of staff of private unaided schools is not permissible for election duties. My clients inform me that despite this you have been insisting staff from unaided schools should perform election duties. This isn’t permissible under law and you are called upon to desist from taking any such actions,” says the letter.  

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