Court mandates Census work to be performed outside school hours, protecting both academic interests and national duties.
In a significant ruling, the Calcutta High Court, under the judgment of Justice Krishna Rao, addressed the contentious issue of teachers being assigned to Census duties during school hours. The court's decision came in response to multiple writ petitions challenging a directive issued by the Joint Director of School Education, West Bengal, which initially mandated teachers to engage in Census activities after class hours or on weekends.
The petitions, led by Ankan Sarkar and others, argued that the directives disrupted academic schedules and imposed undue hardship on teachers who often reside far from their workplaces. The court was informed of a subsequent notification dated August 19, 2026, which withdrew the previous directive but left ambiguity regarding the execution of Census duties without affecting teaching responsibilities.
Justice Krishna Rao emphasized the importance of Census duties for national interest while acknowledging the primary role of teachers in imparting education. The court directed that Census authorities must specify the dates, timings, and locations for Census work to ensure minimal disruption to educational activities. Schools are required to make alternative arrangements if teachers are deputed for such duties, and teachers must not refuse their Census responsibilities.
The judgment referenced past Supreme Court and Allahabad High Court rulings, which advocated for teachers to perform such duties during non-teaching periods to avoid academic interruptions. The court upheld the principle that Census duties should be treated as "On Duty" under Section 15A of the Census Act, 1948, ensuring that teachers do not suffer any service-related disadvantages.
The ruling effectively balances the dual responsibilities of teachers, safeguarding the educational interests of students while fulfilling essential national obligations. The court's decision underscores the need for careful scheduling and cooperation between educational and governmental authorities to achieve this balance.
Bottom Line:
Teachers deputed for Census duty must ensure that academic interests of students are not adversely affected. Such duties should be treated as "On Duty" under Section 15A of the Census Act, 1948.
Statutory provision(s): Census Act, 1948 - Sections 15A, 15B
Ankan Sarkar v. Union of India, (Calcutta) : Law Finder Doc id # 2964868
