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Unaided schools move Bombay high court against election panel decision

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Unaided Schools Forum, which represents private unaided schools and minority institutions, has moved the Bombay high court seeking directions to the Election Commission of India (EC) not to force teachers of these institutions to do election duty.

According to the petition, EC declared the election schedule on March 5 but the forum had written to the State Election Commission on January 11 itself relying on a Supreme Court (SC) judgment which barred teachers from doing non-education duty.

However, a few institutions in the city, like the General Education Academy, Chembur and the principal of Children's Academy, were asked to furnish details of their teaching staff for election duty. The schools replied to the commission stating that since they were permanent unaided schools and exams were being conducted by them, the staff would not be available for election duty.

However, the commission told the schools that they had delayed in submitting the sought information and thus they should show cause as to why action under section 134 of the Representation of People Act not be invoked.

The petition argued that in view of the SC judgment in the TMA Pai Foundation case, the commission cannot force teachers of unaided schools to do election duty.

The petition prayed for directions to the EC not to make requisition and depute teachers of private unaided schools for the purpose of election duty and refrain from taking any coercive action against the management of the schools.

The petition was mentioned before the division bench of Justice VM Kanade and Justice AK Menon, which has now posted the hearing of it on April 7.

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