The judges in an interim order said that “as far as possible, services of teachers will be called for before or after school hours so that their work is not affected.”
The Bombay high court on Thursday directed that not all teachers will be summoned by the state government for Census duty and exempted teachers of Std X and XII of all boards so that studies are not affected.
The exercise commences on February 14.
A division bench of Justice PB Majmudar and Justice Amjad Sayed was hearing an application moved by the central government seeking deletion of a line in its earlier order which said that “no coercive action should be taken against teachers of unaided and private schools who refuse to participate in Census duty.”
The judges in an interim order said that “as far as possible, services of teachers will be called for before or after school hours so that their work is not affected.”
Additional solicitor general Darius Khambata submitted that between March 1-5, teachers may have to perform the duty for longer periods. The court clarified that teachers of aided, government and corporation schools are not covered under this order.
Additional government pleader Vijay Patil submitted that subsequent to the central government’s order, the Census officer at the district level has issued orders for requisition. He said 30-40% of the workforce will be requisitioned from local bodies and governments departments. Khambata assured the court that the government will consider schedules of schools, and in case of difficulty, concessions would be made.
Khambata also submitted that the state has not asked any school to send all its teachers. “Time is of essence. Many have undergone training and if the court passes any order it is bound to disrupt the entire schedule,” Khambata said. Justice Majmudar said, “We won’t allow schools to close. We have to see public interest.”
Petitions were filed by St Joseph’s ICSE School, Navi Mumbai, and Unaided Schools Forum challenging a November 26, 2010, government resolution (GR) stating 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 between January 1 and March 15.
“They can’t ask me to send three Math teachers. I will decide who I want to so that school work is not affected,” said advocate Mihir Desai for the advocates. “But send those teachers who are able to perform the duty or the physical training teacher will start doing PT in the house,” said justice Majmudar.
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