# Surya Pratap Singh v. State of U.P. & Ors

- **Citation:** (2025) 2 ILRA 675
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-02-11
- **Case number:** Writ - A No. 16401 of 2024
- **Bench:** Ajay Bhanot
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/surya-pratap-singh-v-state-of-u-p-ors-53021
- **Pages:** 13

## Headnote

A. The petitioner challenged the order
dated 16.08.2024 which assigned him
Booth Level Officer (BLO) election dutiesHeld, Authorities must review and revise
the deployment of teachers for election
duties-Teachers should only be appointed
if
all
other
categories
(Patwaris,
Panchayat
Secretaries
etc.)
are
exhausted-until review, the petitioner
must perform duties only on holidays or
after school hours. (Para 1 to 42)

The writ petition is disposed of. (E-6)
List of Cases cited:

## Text

_Characters 0–39,916 of 41,613. This is a partial read: ask again with offset=39916 for what follows._

2 All. Surya Pratap Singh Vs. State of U.P. & Ors.
675
judgment of the Central Administrative
Tribunal is misconceived.

19.
Moreover,
the
Central
Administrative Tribunal, Mumbai Bench
has passed the order dated 11.11.2024
without referring to the law laid down by
the Hon'ble Supreme Court in Common
Cause (Supra) and against the principle of
law laid down by the Hon'ble Supreme
Court, which vitiates the order. The
petitioner or any person cannot claim any
benefit on the basis of an order passed by a
Tribunal in violation of the law laid down
by the Hon'ble Supreme Court.

20.
In
view
of
the
aforesaid
discussion, we find no force and the writ
petition is dismissed accordingly.
----------
(2025) 2 ILRA 675
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 11.02.2025

BEFORE

THE HON'BLE AJAY BHANOT, J.

Writ - A No. 16401 of 2024

Surya Pratap Singh ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Satyendra Chandra Tripathi

Counsel for the Respondents:
C.S.C., Jitendra Ojha, Rama Nand Pandey

A. The petitioner challenged the order
dated 16.08.2024 which assigned him
Booth Level Officer (BLO) election dutiesHeld, Authorities must review and revise
the deployment of teachers for election
duties-Teachers should only be appointed
if
all
other
categories
(Patwaris,
Panchayat
Secretaries
etc.)
are
exhausted-until review, the petitioner
must perform duties only on holidays or
after school hours. (Para 1 to 42)

The writ petition is disposed of. (E-6)
List of Cases cited:

1. Sunita Sharma Adv. HC & anr. Vs St. of UP &
ors., PIL No.11028 of 2015

2. Nirbhay Singh & ors.Vs St. of UP & ors., Writ
A No. 26204 of 2021

3. ECI Vs St. Mary's School (2008) AIR SC 655

4. Uttar Pradeshiya Prathmik Shikshak Sangh &
ors. Vs St. of UP & ors., PIL No. 36449 of 2016

5. Sudhir Kr. Sharma Vs St. of UP & ors., Writ A
No. 34551 of 2015

6. Umakant Ramkrushan Mahure Vs St. of Mah.
& ors., W.P. No. 6718 of 2019

7. Satyendra Kr. Sandilya Vs St. of Bih. &
ors.(2018) 11 ADJ 393

8. Mahesh Swami & ors.Vs St. of Raj. & ors.W.P.
No. 17945 of 2021

9. Smt. Rekha Vs St. of UP, Crl. Misc. Bail Appl.
No. 25993 of 2024

10. Avinash Nagra Vs Navodaya Vidyalaya
Samiti (1997) 2 SCC 534

11. Vineet Mishra Vs BHU (2023) SCC Online All
2972

12. Sushmita Basu Vs Ballygunge Shiksha
Samity (2006) 7 SCC 680

(Delivered by Hon'ble Ajay Bhanot, J.)

1. The judgement is being structured
in the following conceptual framework to
facilitate the discussion:

A. Introduction
676 INDIAN LAW REPORTS ALLAHABAD SERIES
B. Submissions
C. Facts
D. Issues arising for determination
E.

Right
to
Education
and
Consequences
of
allocation
of
election duties to teachers: Case
Laws
F.

Election Guidelines dated 04.10.2022
a.

Election
Commission
Guideline No. 1.2
Categories of employees who
can be appointed as Booth
Level Officers
G.

Election Commission Guideline No.
1.5d dated 04.10.2022
a.
Importance of Education
b.
Role of teachers
c.

Teaching : Need of leisure
time for teachers and impact
of
productively
spent
holidays/
free
time
on
teaching
d.

Election Guideline No. 1.5d
Minimal
Appointment
of
Teachers: Interpretations and
Conclusion
H.

Final Directions

A. Introduction

2. By the impugned order dated
16.08.2024 the petitioner has been directed
to discharge election duties as a Booth
Level Officer.

B. Submissions of learned counsels

3. Shri Satyendra Chandra Tripathi,
learned counsel for the petitioner has made
the following contentions:-

i) The election duties which are
assigned to the petitioner will interfere in
the functioning of the petitioner as an
Assistant Teacher.

ii) The work of a Booth Level
Officer is of a continuous nature and there
will be no let up in the election duties.

iii) The appointment of the
petitioner on election duties is in the teeth
of Right to Education Act, 2009 and the
judgment rendered by this Court in
Sunita Sharma Advocate High Court
and Another Vs. State of U.P. and
others1.

iv) Deployment of the petitioner
on election duties is contrary to the
provisions of Right to Education Act,
2009 and will interfere with his teaching
work.

v) The aforesaid appointment is
also
dehors
the
relevant
Election
Commission Guidelines for appointment of
teachers on election duties.

4. Shri Jitendra Ojha, learned counsel
for the Election Commission of India and
Shri
Rama
Nand
Pandey,
learned
Additional Chief Standing Counsel contend
as follows:-

i)
The
appointment
of
the
petitioner as Booth Level Officer is in
consonance with the Right to Education
Act, 2009 and the Election Commission
Rules in that regard. The election duties
which are allocated to the petitioner will
not impact his teaching duties.

ii) Reliance was placed on the
judgment rendered by this Court in
Nirbhay Singh and others vs. State of
U.P. and others2.

5. Heard learned counsels for the
parties.

C. Facts
2 All. Surya Pratap Singh Vs. State of U.P. & Ors.
677

6. Admitted facts which are relevant
for the adjudication of the controversy are
these:

The petitioner is an Assistant Teacher
in a primary school. The petitioner has
been appointed as a Booth Level Officer by
the order dated 16.08.2024, and has been
allocated
election
related
duties
like
revision of electoral rolls of the voters for
the State Legislative Assembly Elections.
The duties so allocated do not appear to be
an episodic engagement. The said election
duties envisage a long drawn if not a
perennial commitment.

D. Issues arising for determination:

7.
The
issue
that
arises
for
consideration
in
the
facts
and
circumstances of this case and other
companion writ petitions is the scope of
applicable
election
guidelines
for
appointing teachers holding field on
election duties and the manner of their
implementation.

E.
Right
to
Education
and
Consequences of allocation of election
duties to teachers: Case Laws

8. The issue of deployment of teachers
for election duties was examined by
constitutional courts on many occasions.

9.
The
apparent
incompatibility
between the fundamental right of education
vested in children, and the paramount
importance of electoral process in a
democratic
country
resulting
from
assignment of election duties to teachers
arose for consideration before the Supreme
Court in Election Commission of India vs.
St. Mary's School3. Reconciling the
apparently divergent demands St. Mary's
School(supra) set forth the law in the
following terms:

"27. The provisions of the 1950
and 1951 Acts although were enacted in
terms of Article 324 of the Constitution of
India, the same must be given restricted
meaning. Holding of an election is no
doubt of paramount importance. But for the
said purpose the education of the children
cannot be neglected. Therefore, it is
necessary to maintain the balance between
the two.

28. With an advent of technology
requisitioning of a large number of people
for carrying out the election may not be
necessary. We may notice that the Election
Commission has different roles to play.
Preparation of an electoral rolls, revision of
electoral rolls, when objections are filed,
hearing the parties and determining the
objections, enumeration of the voter list
and to hold elections as and when due. The
Election Commission and its officers, in
our opinion, can formulate an effective
scheme to see that the services of a large
number of teachers are not required. The
State admittedly is not in a position to
perform its sovereign function of imparting
education. Such functions necessarily are
required to be performed by the private
actors. Those students who are in a position
to get admission in the public schools
presumably would also be in a position to
appoint tutors whereas those students who
are admitted to the Government schools
ordinarily would be from the middle or
lower middle class or poor families. The
state of primary education in India is in
deplorable condition. There admittedly is a
heavy drop outs from the schools particular
from amongst the girl schools. The
question if right to exercise franchise
whereupon the emphasis is laid by Mr.
Venugopal is an important one, right to
678 INDIAN LAW REPORTS ALLAHABAD SERIES
education is also no less important being a
fundamental right.

29.
The
Human
Rights
Conventions have imposed a duty on the
Contracting States to set up institutions of
higher education which would lead to the
conclusion that the citizens thereof should
be afforded and an effective right of access
to them. In a democratic society, a right to
education
is
indispensable
in
the
interpretation of right to development as a
human right. [See Leyla Sahin v. Turkey,
decided by the European Court of Human
Rights on 10th November, 2005]. Thus,
right to development is also considered to
be a basic human right.

30. It is probably with that end in
view the counsel appearing for the Election
Commission had also joined the other
counsel appearing for the respondents, to
suggest the court that the services of the
teachers may not be requisitioned on the
days on which the schools are open.
Submission of Mr. Venugopal that such a
contention had not been made by the
learned counsel appearing on behalf of the
Election Commission cannot be accepted.

31.
We
have,
however,
considered the matter at some details as the
question in regard to the application of the
constitutional
right
and
in
particular
fundamental right cannot be thwarted only
by reason of a concession made by a
counsel.

32. We would, however, notice
that the Election Commission before us
also categorically stated that as far as
possible teachers would be put on electoral
roll revision works on holidays, nonteaching days and non- teaching hours;
whereas non-teaching staff be put on duty
any time. We, therefore, direct that all
teaching staff shall be put on the duties of
roll revisions and election works on
holidays and non-teaching days. Teachers
should not ordinarily be put on duty on
teaching days and within teaching hours.
Non-teaching staff, however, may be put
on such duties on any day or at any time, if
permissible in law."

10. This Court in Uttar Pradeshiya
Prathmik Shikshak Sangh And 3 Ors. vs.
State Of U.P. And 7 Others4 was
confronted with the legality of orders
directing teachers to perform various
electoral duties as Booth Level Officers
like preparation, revision, maintenance and
duplication electoral list.

11. The learned Division Bench of this
Court in Uttar Pradeshiya Prathmik
Shikshak Sangh (supra) after noticing St.
Mary's School (supra) upheld the stand of
the State to put teachers on electoral duties
on non teaching days and during non
teaching hours:

"Learned
counsel
for
the
respondents submit that they shall put the
teaching staff on duty on non-teaching days
and within non-teaching hours, as observed
by
the
Supreme
Court
in
the
aforementioned
paragraph.
Their
submission is recorded and accepted.

In view thereof, nothing further
survives in the writ petition. The writ
petition is disposed of."

12. In Sunita Sharma (supra) the
validity of the directions of the Chief
Secretary assigning the work of verification
of card holding families for inclusion and
exclusion under the National Food Security
Act to primary school teachers was called
in question.

13.
The
assignment
of
non
educational duties to teachers and the
possibility of violation of the Right to
2 All. Surya Pratap Singh Vs. State of U.P. & Ors.
679
Education Act, 2009 and the transgression
of the mandate of Article 21-A of the
Constitution of India was determined in
Sunita Sharma (supra). Sunita Sharma
(supra) examined the issues in the context
of the value of education and duties of
teachers in a society by holding:-

"The right of children to free and
compulsory education between the age of
six to fourteen has been statutorily
recognized in Section 3(1) of the Right of
Children
to
Free
and
Compulsory
Education Act, 2009. This is in pursuance
of the fundamental right conferred by
Article 21-A of the Constitution of India.
The Act provides in Chapter IV the
responsibilities of schools and teachers.
Section
27
specifically
contains
a
prohibition on the deployment of teachers
for
non-educational
purposes.
Under
Section 27, no teacher shall be deployed for
any non-educational purposes other than
the decennial population census, disaster
relief duties or duties relating to elections
to the local authority, or to the State
Legislatures or Parliament, as the case may
be. In view of this statutory prohibition, it
is clearly unlawful and ultra vires on the
part of the State to requisition the services
of teachers for carrying out the verification of
eligible card holding families. The right to
free and compulsory education for children
below the age of 14 is a constitutionally
protected entitlement which is statutorily
recognized in the Act. The State is not
powerless, if it requires hands for completing
the work of verification by recruiting contract
employees or making suitable alternate
arrangements, but such arrangements cannot
involve the deployment of teachers. The
duties of teachers is simply to teach students.
Their status cannot be reduced to that of a
ministerial employee of the State. It is no
answer to state, as the District Supply Officer
has in the counter affidavit, that the teachers
are called upon to do the work of verification
as and when they are free from school duties.
A teacher after the completion of the hours of
work in a school is expected to spend time in
preparing for the classes for the next day and
to pursue his or her own process of enhancing
knowledge and learning to impart education
to the children. It requires no stretch of
imagination to hold that burdening a teacher
with duties, after school hours in carrying out
ministerial duties, such as the verification of
eligible families, would only detract from her
ability and capacity to teach students. It is
time for the State to realise, if it is serious
about implementing the right to free and
compulsory education for children between
ages of six to fourteen in the State of Uttar
Pradesh that teachers cannot be treated in
such a casual and callous manner. The
civility of a society is defined with reference
to the value it places on education and the
respect which it holds for its teachers. Those
may be traditional values but fortunately,
some values are eternal. The position of a
teacher is a critical element in dispensing
education
which
must
be
recognized,
protected and observed. Such action which
has been taken by an officer of the State is
clearly in violation of the duty cast upon the
State...... " (emphasis supplied)

14. A learned Division Bench of this
Court in Sudhir Kumar Sharma Vs. State
of U.P. and 2 others5, considered the
scope of Section 27 of the Right of
Children
to
Free
and
Compulsory
Education Act, 2009 in relation to election
duties assigned to teachers but declined to
apply the holding of this Court in Sunita
Sharma (supra) to the facts of the said
cases on the following rationale:

"In
the
light
of
the
aforementioned judgment what we find that
680 INDIAN LAW REPORTS ALLAHABAD SERIES
therein as the job in question, that has been
so assigned to the teacher, was not falling
within the scope and ambit of Section 27 of
Right of Children to Free and Compulsory
Education Act, 2009, this Court clearly
proceeded to take view that the district
administration shall not requisition the
services of petitioner from primary school
and junior high school for carrying out such
duties without the authority of law. Section
27 in itself proceeds to mention that no
teacher shall be deployed for any noneducational
purposes
other
than
the
decennial population census, disaster relief
duties or duties relating to elections to the
local authority, or to the State Legislatures
or Parliament, as the case may be.

Section 27 thus in itself proceeds
to carve out an exception and permits
deployment in connection with the duties
pertaining to decennial population census,
disaster relief duties or duties relating to
elections to the local authority, or to the
State Legislatures or Parliament, as the case
may be. "

15. Thereafter invoking St. Mary's
School (supra), the learned Division
Bench in Sudhir Kumar Sharma (supra)
set forth the following proposition of law:-

"Once revision of electoral roll is
also part and parcel of on-going election
process and for revision of electoral roll
Booth Level Officers have been asked to
co-operate in the matter of revision of rolls,
then to say that Article 21-A and Section
27 prohibits requisition of services of
primary school as well as junior high
school teaching staff for the said purpose,
cannot be accepted in the facts of the case,
but certainly at the said point of time, the
directives issued by the Apex Court, in the
case of St. Mary's Convent (Supra), will
have to be kept in mind by the authorities
concerned and care should be taken that
normal functioning on teaching side is not
at all impaired/interrupted. "

16. Electoral duties to be discharged
by teachers was again tested in light of
Right to Education Act, 2009 by a learned
Division Bench of this Court in Nirbhay
Singh and others vs. State of U.P. and
others. In Nirbhay Singh(supra) the
following questions were referred to the
learned Division Bench:-

"(1) Whether the provisions of
Section 27 of the Right of Children to Free
and Compulsory Education Act, 2009
permit the deployment of teachers to do
any kind of duties relating to elections
before the issue of an election notification
relating to a Local Body, a State Assembly
or
the
Parliament
under
appropriate
provisions of the law?

(2) Whether before or after the
issue of notifications relating to elections to
a Local Body, a State Assembly or the
Parliament, can teachers be deployed to any
kind of election-related work on teaching
days or during teaching hours?"

17. The learned Division Bench in
Nirbhay Singh (supra) answered the said
questions thus:-

"ANSWERS TO QUESTIONS

29. Question No.1 is answered in
positive holding that the teachers can be
deployed for election duty even before
issuance of the notification relating to
election to a Local Body, a State Assembly
or the Parliament which includes work for
revision of electoral roll.

Question No.2 is answered in
negative holding that the teachers cannot be
deployed during teaching days or teaching
2 All. Surya Pratap Singh Vs. State of U.P. & Ors.
681
hours but can be on non-teaching days and
non-teaching hours.

30.
While
answering
the
questions referred to by the larger Bench,
let the present writ petition be now placed
before the Single Bench as per roster on
August 29, 2022. "

18. The issue regarding conflict of
election related work assigned to teachers
and Section 27 of the Right of Children to
Free and Compulsory Education Act, 2009
was posed for consideration before a
Division Bench of the Bombay High Court
in Umakant Ramkrushan Mahure v. The
State of Maharashtra and others6, Writ
Petition No. 6718 of 2019, decided on
18.02.2020.

19. The Bombay High Court in
Umakant Ramkrushan Mahure (supra)
considered various instructions issued by
the Election Commission of India in light
of St. Mary's School (supra) and held:-

"(i) The petitioners, who are
Teachers, are covered by the provisions of
section 27 of Right of Children to Free and
Compulsory Education Act, 2009, can be
called to perform election duty including
updating of electoral rolls on holidays and
in non-teaching hours.

(ii) If F.I.R. is lodged against any
of the petitioners, for refusal to perform the
duty during school hours, the same shall
not be prosecuted. However, if the
petitioners refuse to work in accordance
with
the
instructions
of
Elections
Commission of India, it shall be open for
the respondents to continue with such
actions."

20. Similarly a Division Bench of the
Patna High Court in Satyendra Kumar
Sandilya v. The State of Bihar and
others7 reported at also opined that
deployment of teachers on election related
duties was not barred in law in view of St.
Mary's School (supra).

21. A learned Single Judge of the
Rajasthan High Court in Mahesh Swami
and others v. The State of Rajasthan and
others8, also upheld appointment of
teachers on electoral duties.

F. Election Guideline No. 1.2 dated
04.10.2022.

(a) Categories of employees who can
be appointed as Booth Level Officers

22. The appointment of Booth Level
Officers is governed and regulated by the
Election Commission of India guidelines
dated 04.10.2022.

23. Guideline No. 1.2 of the aforesaid
guidelines contemplates appointment of
various
categories
of
Government
servant/semi
Government
servant
employees as Booth Level Officers. The
said provision is extracted herein under:-

 "1.2 Booth Level Officer can be
appointed from the following suggested list
of
categories
Government/Semi
Government employees:

(i) Teachers,

(ii) Anganwadi workers,

(iii) Patwari/Amin/Lekhpal,

(iv) Panchayat Secretary,

(v) Village Level Workers,

(vi) Electricity Bill Readers,

(vii) Postman,

(viii) Auxiliary Nurses & Midwives,

(ix) Health workers,

(x) Mid-day Meal workers,

(xi) Contract teachers,
682 INDIAN LAW REPORTS ALLAHABAD SERIES

(xii) Corporation Tax Collectors,
and

(xiii) Clerical Staff in Urban area
(UDC/LDC etc.)"

G.
Election
Commission
Guideline No. 1.5d dated 04.10.2022

(a) Importance of Education

24. The paramount place of education
in our society as depicted in the Article 21A of the Constitution of India fell for
consideration before by this Court in Smt.
Rekha Vs. State of U.P.9:-

"IV(C). Children : Education
and Holistic Development

"If a nation expects to be ignorant
and free, in a state of civilization, it expects
what never was and never will be"

~Thomas Jefferson

13. Education is the bulwark of a
nation's freedom and the engine of
economic prosperity. Education has assured
the preservation of the human species, and
guarantees the advancement of human
civilization.

14. Education is not only book
learning imparted in a classroom to secure
employment. The concept of education is
wide enough to embrace various aspects of
human existence and touches every facet of
human life. The ability of the homo sapiens
to understand and evolve themselves by
knowing their place and relation to the
universe around them is also comprised in
education.

15. Education contemplates a
holistic environment which is congenial to
the growth of human faculties along the
lines of excellence. Inculcation of healthy
lifestyle habits, development of robust
ethical values and character, and imbibing
of vocational and academic knowledge
form part of a vision of education of any
nation ruled by law.

16. Education is the primary
instrument to achieve our constitutional
vision. Sarvepalli Radhakrishnan's view
that "The aim of government is not so
much efficiency as education is true for all
times" is a guiding factor in the nation's
governance.
Right
of
education
was
incorporated as a fundamental right under
Article 21A of the Constitution of India to
realize our constitutional goals succinctly
depicted in the Preamble. The legislature
also created comprehensive frameworks
and detailed mechanisms for realizing the
fundamental right to education by enacting
the Right to Education Act, 2009."

25. The importance of education was
entrenched in constitutional law holding by
the Supreme Court in Avinash Nagra v.
Navodaya
Vidyalaya
Samiti10,
by
emphasizing the importance of education as
an instrument of social change and as a
vehicle for excellence.

"6.
.........Education
means
a
process which provides for intellectual,
moral and physical development of a child
for good character formation; mobility to
social status; an opportunity to scale
equality and a powerful instrument to bring
about social change including necessary
awakening among the people. Education
promotes intellectual, moral and social
democracy. Education lays foundation of
good citizenship and is a principal
instrument
to
awaken
the
child
to
intellectual and cultural pursuits and values
in preparing the child for later professional
training and helps him to adjust to the new
environment. Education, therefore, should
be correlated to the social, political or
economic needs of our developing nation
fostering secular values, breaking the
2 All. Surya Pratap Singh Vs. State of U.P. & Ors.
683
barriers of casteism, linguism, religious
bigotry and should act as an instrument of
social change. Education kindles its flames
for pursuit of excellence, enables and
ennobles the young mind to sharpen his or
her intellect more with reasoning than blind
faith to reach intellectual heights and
inculcate in him or her to strive for social
equality and dignity of person."

(b) Role of teachers

26. The status of teachers has always
been venerated in Indian culture, and their
position has always been elevated in our
Constitutional discourse.

27. The high pedestal on which
teachers are placed in Indian traditions and
thoughts, was recalled to explain the
current role of teachers in Indian society in
Avinash Nagra (supra):

"9. On the functions of a teacher,
at p. 133, according to Dr Radhakrishnan,
the success of the educational process
depends considerably on the teacher, for it
is the teacher who has to implant aims, and
to build the character of the students.
According to Laski, at bottom of the
education, the quality of a university is
always in direct proportion to the quality of
its teacher. A good teacher is one who
knows his subject, is enthusiastic about it
and one who never ceases to learn.
Communication with the students and sense
of commitment to his work are necessary.
A good teacher, therefore, according to Dr
Radhakrishnan, is one who is objective,
just, humble and is open to correction.
According to Whitehead the teacher must
be a self-confident learned man. The
teacher,
therefore,
is
the
primary
functionary to transmit the intellectual and
ethical values to the young. He should
encourage the attitude of free enquiry and
rational reflections. The teacher should try
to remove the leaden weights of pride and
prejudice, passion and desire which are
likely to cloud a student's vision. The
devoted teacher is not only concerned with
the child's intellectual development but also
has the obligation to attend to his moral,
emotional and social growth as well.

10. Mahatma Gandhi, the Father
of the Nation has stated that "a teacher
cannot be without character. If he lacks it,
he will be like salt without its savour. A
teacher must touch the hearts of his
students. Boys imbibe more from the
teacher's own life than they do from books.
If teachers impart all the knowledge in the
world to their students but do not inculcate
truth and purity amongst them, they will
have betrayed them". Shri Aurobindo has
stated that "it is the teacher's province to
hold aloft the torch, to insist at all times
and at all places that this nation of ours was
founded on idealism and that whatever may
be the prevailing tendencies of the times,
our children shall learn to live among the
sunlit peaks". Dr S. Radhakrishnan has
stated that "we in our country look upon
teacher as gurus or, as acharyas. An
Acharya is one whose aachar or conduct is
exemplary. He must be an example of
Sadachar or good conduct. He must inspire
the pupils who are entrusted to his care
with love of virtue and goodness. The ideal
of a true teacher is andhakaraniridhata
gurur itya bhidhiyate. Andhakar is not
merely intellectual ignorance, but is also
spiritual blindness. He who is able to
remove that kind of spiritual blindness is
called a guru. Are we deserving the noble
appellation of an acharya or a guru?"
Swami Vivekananda had stated that "the
student should live from his very boyhood
with one whose character is a blazing fire
and should have before him a living
684 INDIAN LAW REPORTS ALLAHABAD SERIES
example of the highest teaching. In our
country, the imparting of knowledge has
always been through men of renunciation.
The charge of imparting knowledge should
again fall upon the shoulder of Tyagis".

11. It is in this backdrop,
therefore, that the Indian society has
elevated the teacher as "Guru Brahma,
Gurur Vishnu, Guru Devo Maheswaraha".
As Brahma, the teacher creates knowledge,
learning, wisdom and also creates out of his
students, men and women, equipped with
ability and knowledge, discipline and
intellectualism to enable them to face the
challenges of their lives. As Vishnu, the
teacher is preserver of learning. As
Maheswara,
he
destroys
ignorance.
Obviously, therefore, the teacher was
placed on the pedestal below the parents.
The State has taken care of service
conditions of the teacher and he owes dual
fundamental duties to himself and to the
society. As a member of the noble teaching
profession and a citizen of India he should
always
be
willing,
self-disciplined,
dedicated with integrity to remain ever a
learner of knowledge, intelligently to
articulate and communicate and imbibe in
his students, as social duty, to impart
education, to bring them up with discipline,
inculcate to abjure violence and to develop
scientific temper with a spirit of enquiry
and reform constantly to rise to higher
levels in any walk of life nurturing
constitutional ideals enshrined in Article
51-A so as to make the students responsible
citizens of the country. Thus the teacher
either individually or collectively as a
community of teachers, should regenerate
this dedication with a bent of spiritualism
in
broader
perspective
of
the
constitutionalism with secular ideologies
enshrined in the Constitution as an arm of
the State to establish egalitarian social
order under the rule of law. Therefore,
when the society has given such a pedestal,
the
conduct,
character,
ability
and
disposition of a teacher should be to
transform the student into a disciplined
citizen, inquisitive to learn, intellectual to
pursue in any walk of life with dedication,
discipline and devotion with an enquiring
mind but not with blind customary beliefs.
The education that is imparted by the
teacher determines the level of the student
for the development, prosperity and welfare
of the society. The quality, competence and
character of the teacher are, therefore, most
significant to mould the calibre, character
and capacity of the students for successful
working of democratic institutions and to
sustain them in their later years of life as a
responsible
citizen
in
different
responsibilities. Without a dedicated and
disciplined teacher, even the best education
system is bound to fail. It is, therefore, the
duty of the teacher to take such care of the
pupils as a careful parent would take of its
children and the ordinary principle of
vicarious liability would apply where
negligence is that of a teacher. The age of
the pupil and the nature of the activity in
which he takes part are material factors
determining the degree and supervision
demanded by a teacher."

28. In Vineet Mishra vs Banaras
Hindu University11 this court discussing
the contribution of teachers stated:

"19. ..... Teachers in today's
universities
in
continuity
of
Indian
traditions remain role models for all
students, and universities continue to be the
nurseries which develop future leadership.
Teachers as role models are the best
catalysts for positive changes in our youth,
and universities as institutions of learning
provide the best environment for moulding
minds.
2 All. Surya Pratap Singh Vs. State of U.P. & Ors.
685

41.The history of learning in
India is marked by freedom of thought,
rigorous adherence to logic and acceptance
of lived experience as the basis to expand
the frontiers of knowledge. Commenting
upon the approach of the Upanishadic
teachers and pupils in their quest for
knowledge and truth C. Rajagopalachari
said:

"The spacious imagination, the
majestic sweep of thought and the almost
reckless spirit of exploration with which,
urged by the compelling thirst for truth, the
Upanishad teachers and pupils dig into
the Open Secret of the Universe, make this
most ancient among the world's holy books
still the most modern and most satisfying."

29. The Supreme Court in Sushmita
Basu v. Ballygunge Siksha Samity12
highlighted the traditional status of a
teacher in our society and also elaborated
on their critical role in building the India of
tomorrow.

"5.We must remember that the
profession
of
teaching
is
a
noble
profession. It is not an employment in the
sense of it being merely an earner of bread
and butter. A teacher fulfils a great role in
the life of the nation. He is the "guru". It is
the teacher, who moulds its future citizens
by imparting to his students not only
knowledge, but also a sense of duty,
righteousness and dedication to the welfare
of the nation, in addition to other qualities
of head and heart. If teachers clamour for
more salaries and perquisites, the normal
consequence in the case of private
educational institutions, if the demand is
conceded, would be to pass on the burden
to the students by increasing the fees
payable by the students. Teachers must ask
themselves whether they should be the
cause for putting education beyond the ken
of children of parents of average families
with
average
incomes.
A
teacher's
profession calls for a little sacrifice in the
interests of the nation. The main asset of a
teacher is his students, former and present.
Teachers who have lived up to ideals are
held in great esteem by their disciples. The
position of the guru, the teacher, in our
ethos is equal to that of God (Matha Pitha
Guru Daivam). The teachers of today must
ensure that this great Indian concept and
the reverential position they hold, is not
sacrificed at the altar of avarice."

(c) Teaching : Need of leisure time
for teachers and impact of productively
spent holidays/ free time on teaching

30. Teaching consumes intellectual
capital and draws on the emotional
reservoir of teachers. After teaching hours
teachers invariably devote themselves to
constant reflection, unimpeded intellectual
capital
creation,
and
uniterrupted
rejuvenation of human values that are
essential for the discharge of their duties.
Post school hours are not idled away by
teachers. The free time has to be spent
fruitfully by teachers in upgrading their
knowledge, honing their professional skills,
and widening their horizons. After school
hours are often utilized by teachers to
correct
notebooks,
worksheets
and
assignments
submitted
by
students.
Teachers in this time also form an
assessments of their pupils, and create
specific plans to cater to individual needs
of students.

31. The quality of teaching is often
decisively influenced by the reading and
reflection done in the leisure time available
to the teachers after duty hours and on
holidays. Holidays for teachers are a
sanctuary for intellectual exploration and
686 INDIAN LAW REPORTS ALLAHABAD SERIES
deepening of higher human faculties which
build
teaching
skills
and
capacities.
Structured use of non teaching hours and
productively spent holidays yield enhanced
outcomes and creative results in the
teaching hours.

32. The State authorities cannot lightly
or in a perfunctory manner encroach upon
the free time of teachers. Unless other
options have been fully explored and
exercised, teachers are not liable to be
detracted from their periods of self
reflection
or
distracted
from
their
endeavours at self education made in free
time.

33. Many would believe that a teacher
teaches in duty hours and learns during
leisure time. In fact learning is a facet of
teaching and teaching is a manifestation of
learning. Both processes are two sides of
one coin. Learning and teaching go hand in
hand and always reinforce each other to
replenish
the
reservoir
of
human
knowledge, and foster the evolution of a
more perfect human race. The master in the
art of teaching makes no distinction
between duty hours and leisure time. True
teachers simply pursue their vision of
excellence in education and their quest to
mould minds and enlighten lives; leaving it
for others to decide whether they are at
work or at leisure and whether they are
learning or teaching.

34.
The
summits
of
human
achievements and the advancing strides of
human civilization are an ode to the
scholarly and spiritual strivings of teachers.

35. Bereft of free time and sans
holidays quality of teaching will become
stagnant and standards of education will
decline.

36. The observations made by the
learned Division Bench in Sunita Sharma
(supra) regarding the judicious use of time
by teachers after they are free from school
duties also aligns with the narrative.

(d) Election Guideline No. 1.5d

Minimal Appointment of Teachers:
Interpretations and Conclusion

37. Benefiting from the constitutional
law discourse which underscores the role of
teachers in the society, the Election
Commission of India imposed certain
conditionalities on appointment of teachers
as
Booth
Level
Officers.
The
said
limitations provided in guideline No. 1.5d
are extracted herein under:-

"1.5 .....

d. Teachers shall be drafted
minimally
as
Booth
Level
Officers.
However, where necessary they should be
drafted for Booth Level Officer work
during holidays and during non-teaching
hours and non-teaching days so as to avoid
any loss of academic work. It must be
ensured that no teacher of a single teacher
school is deployed for this purpose."
(emphasis supplied)

38. The said Election Commission
guideline No. 1.5d by restricting the
appointment of teachers seeks to balance
the competing imperatives of the Right to
Education,
the
indispensable
role
of
teachers in the society, and the necessity of
electoral work in a democracy. The
aforesaid
restrictions
in
Election
Commission
guidelines
have
to
be
interpreted
in
the
backdrop
of
the
importance of education in our country, the
role of teachers in our Constitutional
scheme, and that elections are the life blood
of any democracy.
2 All. Sripal Giri Vs. State of U.P. & Ors.
687

39. By issuing the restrictive directive
of "minimal appointment of teachers" on
election duties the Election Commission
has ensured that the electoral process does
not impose onerous demands on the educational
system. In the wake of the preceding discussion
Guideline No. 1.5d clearly mandates that
teachers will be employed on election duties only
after all other categories of employees mentioned
in the Election Guideline No. 1.5d have been
exhausted. In other words the appointment of
Booth Level Officers or assignment of election
duties shall be first made from the pool of all
categories of employees depicted in the Election
Guidelines No. 1.2 except for teachers. There
may be occasions when even after appointment
of all other categories of employees (apart from
teachers) vacancies of Booth Level Officers are
not filled and there is need for additional hands.
In that situation alone teachers can be appointed
as Booth Level Officers and assigned election
duties. Engagement of teachers on election duties
shall always be a measure of last resort, and only
after all other options in Election Guidelines No.
1.2 and 1.5d have been exercised.

H. Final Directions:

40.
Accordingly,
the
respondent
authorities are directed to refix the
deployment of teachers as Booth Level
Officers or on other election duties in light
of the above interpretation of Election
Commission Guideline No. 1.5d read with
Election Commission Guideline No. 1.2. In
case other categories of staff mentioned in
Election Guideline No.