Employees Of Aided, Unaided Private Institutions Prima Facie Not Liable For Any Task Under Census Act: Allahabad High Court
Prima facie observing that the employees of aided and unaided private institutions cannot be made liable for any task under the Census Act, 1948, the Allahabad High Court has stayed the order of the District Inspector of Schools (DIOS), Gautam Budh Nagar by which he sought the list of all teaching and non-teaching staff working in all aided and unaided institutions. Justice Siddharth...
Prima facie observing that the employees of aided and unaided private institutions cannot be made liable for any task under the Census Act, 1948, the Allahabad High Court has stayed the order of the District Inspector of Schools (DIOS), Gautam Budh Nagar by which he sought the list of all teaching and non-teaching staff working in all aided and unaided institutions.
Justice Siddharth Nandan observed,
“...this Court prima facie finds that the teaching and non-teaching staff of private institutions, whether aided or unaided, cannot be said to fall within the purview of 'local authorities,' i.e., the B.S.A., D.I.O.S., and the D.P.R.O., who alone are required to provide their staff, as also contemplated in the letter dated 01.04.2026. Further, in view of the list forwarded by the B.S.A. to the Charge Officer pursuant to his letter dated 08.04.2026, the employees of aided and unaided institutions cannot be made liable for any task under the Census Act, 1948.”
Petitioner, Independent Self Financed Schools Association, approached the High Court challenging the order of the DIOS by which it directed the Principal/ Management of all aided and unaided institutions to provide a list of all teaching and non-teaching staff for census duty.
It was argued the staff of teaching institutions was not covered under 'Local Authority' under the Section 4A of the Census Act, 1948 which provides that every local authority who has been so directed must provide staff for census duty. It was further argued that private institutions would not fall under the ambit of local authority, as they were neither controlled by the State nor were its subsidiaries.
Counsel for respondent relied on Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 wherein it is provided that teachers can be deployed for decennial census duty. In response, counsel for petitioner argued that Section 27 was applicable on teachers in Government institutions and not in private unaided institutions.
Granting interim relief to the petitioners and keeping the order of the DIOS in abeyance, the Court asked the parties to exchange affidavits. The matter is directed to be listed after exchange of affidavits.
Case Title: Independent Self Financed Schools Association v. State Of Up And 4 Others
Counsel for Petitioner(s) : Subodh Kumar, Udit Chandra
Counsel for Respondent(s) : Anjali Upadhya