Male Teacher's Privacy Not Affected In Sending His Photo As Attendance Proof, Solution Needed To Protect Female Teachers: Madhya Pradesh HC

While hearing an appeal against photograph-based attendance rule for teachers and students in government schools in Vidisha district, the Gwalior Bench of Madhya Pradesh High Court said that the privacy of a male teacher is not affected in sending his photograph as a proof of attendance.However, the Court expressed concern over the privacy of female staff and girl students and suggested the state government's Department of Information and Technology, to devise a solution by creating an App, or amending the existing app, to protect the privacy of female staff/girl students and also ensure the attendance of both male and female teachers.Till a solution is found, Court said female teachers can send photograph of school or Principal's office as proof of attendance.The division bench of Justice Anand Pathak and Justice Hirdesh observed, “Although, appellants are male teachers therefore, they are not affected by the privacy issue as projected by counsel for the appellants in respect of female staff however, till some more comprehensive solution is evolved by the respondents/ Department, female staff shall continue to upload photographs as suggested above.”The Court further observed, “…so far as ensuring presence of the teachers by the respondents/ department is concerned, it has no element of arbitrariness or illegality…So far as privacy of female teachers is concerned, this is a cause which deserves attention and ratification. It is true that possibility cannot be ruled out that regular photographs sent by the female staff and girl students on the Whatsapp as discussed above may be misused by miscreants, therefore, this aspect deserves to be re-looked by the respondents/ Department. Just as a food for thought, this Court expect from the respondents/Department especially the Department of Information and Technology, Government of M.P. (MAP-IT) that it would come out with a tangible solution by way of creating an 'APP' or amending the already existing 'APP' so that privacy of the female staff and girl students can be protected and at the same time, attendance of the teachers whether male or female must be ensured so that they would regularly appear in the school and impart education to the students.”The high court also directed the state government to ensure that "practice of proxy teachers" is stopped immediately so that teachers stick to their work and do not commit any mischief.BackgroundThe court was hearing an appeal filed against the order passed of a Single Judge which dismissed the writ petition of the appellants on the ground that every employer has the right to manage his workforce for effective and smooth functioning of the Institution during working hours.As per the factual matrix of the case, the two petitioners/appellants are male Primary School Teachers who are aggrieved by the November 28, 2024 Circular issued by CEO, Jila Panchayat, Vidisha for ensuring presence of teachers and students in the Primary School/High School/Higher Secondary School falling in the district.To ensure the presence of teachers and students, the circular makes it mandatory for every teacher to mark his/her presence at 10:00 am and to remain present till 04:00 pm in the school. As per the circular, at 10:00 am when teachers/students join the school, he/she will have to submit JIO Tap Photo on Whatsapp in Control Room of BRC Office and District Education Center.The counsel for appellants submitted that the circular is contrary to the scheme framed by School Education Department Government of M.P. vide policy dated November 15, 2019. By way of said policy, one School Academy Committee has been constituted, in which teachers and parents of the students are members and they ensure attendance of the teachers and students in the school as well as overall development and training of the teachers and other co-curricular activities for holistic development of teachers and students. It was further submitted that issue of privacy of female teacher staff as well as girl students is also worth consideration because if female teaching staff has to send their photographs uploaded on WhatsApp then possibility of misuse of those photographs cannot be ruled out.On the contrary, the counsel for Respondent-State submitted that this mechanism was devised since it was being observed that teachers were not regularly visiting the school premises for imparting education to the students. Sometimes, they remained absent without disclosing to the higher authorities and in some instances teachers after appointment delegate their job to some other persons on part payment basis. Therefore, the mechanism adopted was to ensure attendance of the teachers so that they can impart education to the students in proper manner.FindingsTeachers at times don't come to school, furnish attendance; are over burdenedThe court after perusal of the circular dated 28.11.2024 inferred that the CEO Jila Panchayat, Vidisha is cognizant of the fact that the teachers at times,...

Male Teacher's Privacy Not Affected In Sending His Photo As Attendance Proof, Solution Needed To Protect Female Teachers: Madhya Pradesh HC

Anukriti Mishra

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