The Delhi High Court on Tuesday upheld the Election Commission of India’s (ECI) constitutional authority to requisition government school teachers for election‑related work, while cautioning that such deployment must not compromise their classroom responsibilities or impose “unbearable” stress.
A Division Bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela made the observations while hearing a PIL challenging the large‑scale deployment of teachers as Booth Level Officers (BLOs) and enumeration staff for the ongoing Special Intensive Revision (SIR) of electoral rolls in Delhi.
The Court noted that while Article 324 empowers the ECI, the mandate of Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 cannot be ignored. “After working in a school for 6‑8 hours teaching, performing election duty may cause stress. Therefore, it is expected of ECI to be mindful,” the Bench observed.
Counsel for the ECI submitted that teachers are engaged only after school hours and volunteers have also been deployed. Petitioners disputed this, alleging that thousands of teachers had been diverted from classrooms until corrective circulars were issued.
The Bench questioned ECI circulars that directed school principals not to take action against teachers engaged in election work, asking why such clauses were necessary if duties were strictly after school hours. It also stressed that teachers, many of whom are women with family responsibilities, should not be made to work excessively.
The Court granted liberty to the petitioners to file a rebuttal affidavit and listed the matter for further hearing on August 20. The PIL seeks quashing of orders requisitioning more than 10 per cent of regular teachers for BLO and SIR duties, arguing that mass deployment undermines students’ right to uninterrupted education and violates Supreme Court directions in ECI v. St. Mary’s School.
