Assigning Census Duties To Class-I Officers In Subordination To Junior-Ranked Officers Is 'Severe Administrative Anomaly': MP High Court
The Madhya Pradesh High Court has ordered the cancellation of Census 2026-27 duties assigned to 51 'Class -I' Officers of Ujjain Engineering College, deeming the deployment legally and administratively unsustainable. In doing so the court noted that as per the relevant rules Enumerators are drawn from Class-III cadre and hence the petitioners who are Class-I officers appointed as enumerators...
The Madhya Pradesh High Court has ordered the cancellation of Census 2026-27 duties assigned to 51 'Class -I' Officers of Ujjain Engineering College, deeming the deployment legally and administratively unsustainable.
In doing so the court noted that as per the relevant rules Enumerators are drawn from Class-III cadre and hence the petitioners who are Class-I officers appointed as enumerators in subordination to junior-ranking officers, creates severe administrative anomaly.
The bench of Justice Jai Kumar Pillai observed that Census Rules, 1990 empowers the State Governments and Union Territory Administrations to appoint Census Officers from specific categories to aid in the taking of the census. Referring to table mentioned in the Rules the court said:
"A bare perusal of the aforementioned statutory table manifestly reveals that Enumerators are generally drawn from teachers, clerks or any person. Here any person would mean an employee of same class i.e. class III. Resultantly the petitioners here who are class I officers could not have been assigned the work either as enumerator or supervisor...The petitioners rightly contend that forcing Class-I officers to work under the supervision of Charge Officers—who belong to Class-II or Class-III executive cadres of the State Government—creates a severe administrative anomaly. Subjecting Level-13A1 and Level-14 officers to the subordination of junior-ranking officers offends both the spirit of the Census Rules, 1990, and the explicit guidelines issued by the Registrar General and Census Commissioner".
The writ petition was filed by officers, who challenged their assignments as Enumerators and Supervisors under the Census 2026-27 housing listing operations, arguing that the duties contravened the Census Rules, 1990. The petitioners also argued that the assignments ignored their official hierarchy and forced them to work under the supervision of junior officers.
The petitioners also highlighted that the deployment would disrupt critical academic schedules, including end-of-semester examinations of BE/B. Tech courses and NEET 2026 Examination.
The court noted that the records show that the Commissioner initially requested a list of employees for the census operations of April 7 and 9, 2026, and the Principal mistakenly forwarded the list, including the 51 Class I Officers. Upon realising the error, and after a telephonic discussion with the Deputy Commissioner, an amended communication was sent on April 10, 2026, containing only the names of the regular subordinate staff.
On April 13, 2026, the Principal formally clarified the error, stating that the inclusion of Class I officers was inadvertent and requested appropriate instructions to cancel their Census duties.
Apart from the hierarchical anomaly, the court noted that the petitioners have highlighted severe practical impediments. The End Semester (Main Examination) for BE/B.Tech degree courses commenced on 24.04.2026, followed by practical examinations scheduled from 19.05.2026 to 23.05.2026. Furthermore, the college must facilitate the NEET-2026 examination conducted by the National Testing Agency on 03.05.2026.
The court said that relieving the entire cadre of 51 Class-I teaching faculties for census duties would effectively mandate the closure of the institution, "adversely affecting thousands of students".
"Having meticulously examined the statutory provisions under Rule 3 of the Census Rules, 1990, the clarifications provided in the General FAQs, and the modified order of the Principal dated 13.04.2026, this Court is of the considered opinion that the deployment of the present petitioners is legally and administratively unsustainable. Consequently, this Court deems it fit to intervene and dispose of this petition in light of the modification made by the Principal. It is hereby directed that the respondents shall immediately issue appropriate instructions to cancel the Census 2026-27 duty of the 51 Class-I officers of the said organization strictly as per the amended order dated 13/04/2026 send by the principal of the petitioner's college," the court said.
Relying on the Principal's clarification and after explaining the statutory provisions, the court directed the respondents to immediately cancel the census duties of 51 Class I officers in accordance with the amended order.
Thus, the writ petition was allowed.
Case Title: Dr Savita Maru v Directorate of Census Operations, MP, WP-15363-2026
For Petitioners: Advocate L. C. Patne
For State: Deputy Advocate General Pranjali Yajurvedi
For Commissioner and Deputy Commissioner: Advocate Vivek Patwa