Court holds that Census Act, 1948 does not authorize requisition of teaching staff from private unaided schools; autonomy of such institutions protected under constitutional provisions.
In a significant judgment delivered on October 8, 2026, the Punjab and Haryana High Court, presided over by Mr. Justice Harpreet Singh Brar, granted an interim stay on the deployment of teaching staff from private unaided schools for Census 2027 duties. The court restrained the respondents, including the Union of India and other government authorities, from enforcing communications dated September 1 and 7, 2026, which sought details of teachers in private unaided schools for appointment as enumerators or supervisors in the upcoming census.
The petition was filed by the Haryana Progressive Schools Conference, representing private unaided schools, challenging the requisition of their teaching staff under the Census Act, 1948. The petitioner contended that Section 4A of the Census Act, which provides for the deployment of officers and staff of local authorities for census work, does not extend to private unaided schools, as they do not qualify as "local authorities" under the Act.
The court observed that the requisition of teachers from private unaided schools for census duties lacked a clear statutory mandate and amounted to an unlawful interference with the autonomy of such educational institutions. The petitioner relied on the landmark Supreme Court decision in T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481, highlighting the constitutional protection of private unaided schools' autonomy in administration and management.
Justice Brar acknowledged the prima facie case made by the petitioner that the respondents lacked legal authority to call for details of teachers from private unaided schools for census duty. The court emphasized that compelling teaching staff to undertake duties unrelated to their primary educational responsibilities, without explicit statutory backing, violated Articles 14 (right to equality) and 19(1)(g) (right to practice any profession) of the Constitution of India.
While granting interim relief, the court directed the State to file its reply by April 22, 2027, and listed the matter for further hearing on April 29, 2027. The stay order applies only to private unaided schools, and the question of requisitioning teachers from government schools remains undisposed of at this stage.
This ruling reinforces the principle that statutory provisions must be strictly construed, and administrative authorities cannot expand their powers beyond legal limits. It also upholds the autonomy of private unaided educational institutions, ensuring that their staff cannot be compelled into government duties without explicit legal sanction.
Bottom Line:
Census Act, 1948 - Private unaided schools - In absence of clear statutory authority, teaching staff of private unaided schools cannot be requisitioned for Census duty - Interim stay granted against communications seeking details of teachers for deployment for Census 2027.
Statutory provision(s): Census Act, 1948 Section 4A, Constitution of India Articles 14, 19(1)(g)
