New Delhi, 28 July (H.S.): The Delhi High Court has observed that the Election Commission can deploy school teachers as Booth Level Officers (BLOs) during the ongoing Special Intensive Revision (SIR) exercise in Delhi, but such assignments should not put unnecessary stress or pressure on teachers. Chief Justice D.K. Upadhyaya made the observation on Tuesday. The matter will be heard next on August 20.

During the hearing, the High Court said that while deploying school teachers for the Special Intensive Revision exercise, the provisions of the Right to Education Act cannot be ignored. In its response, the Election Commission stated that, in accordance with the Supreme Court’s judgment in the St. Mary’s School case, it would not seek the services of any teacher during school hours.

The petitioner opposed the Election Commission’s claim, stating that the circular was issued only after the petition was filed before the High Court. The petitioner argued that this indicated that the Commission had not been following the Supreme Court’s directions in the St. Mary’s School case before the petition was filed.

The petitioner further submitted that school teachers were receiving contradictory instructions, with school principals issuing one set of directions while election officials providing different instructions.

Earlier, during the hearing, the High Court had questioned the Election Commission’s decision. The petition, filed by advocates Ashok Agarwal and Rajesh Kumar Gogna, challenges the Election Commission’s order under which teachers from Delhi government schools, Municipal Corporation of Delhi (MCD) schools and aided schools have been deployed on a large scale as BLOs.

The petition stated that the deployment of teachers as BLOs has disrupted teaching activities in government schools, while teaching work in private schools continues smoothly.

It further argued that disruption of classroom activities violates children’s fundamental right to education under Articles 14, 21 and 21A of the Constitution. The petition claimed that the Election Commission’s order is also contrary to the Supreme Court’s judgment in Election Commission versus St. Mary’s School case and violates provisions of the Right to Education Act.

During the hearing, the court questioned the counsel appearing for the Election Commission, asking whether every decision taken by the Commission could be justified under Article 324 of the Constitution. The court also asked in what capacity teachers were being assigned duties related to the Special Intensive Revision exercise.

The court further remarked that while the Election Commission claims the assignment is voluntary, disciplinary action is being initiated against teachers who refuse to undertake the work. The court questioned what options remained available to teachers under such circumstances.

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Hindusthan Samachar / Jun Sarkar