The Punjab and Haryana High Court has stayed the operation of two communications issued by the authorities that sought details of teachers in private and government schools for deployment on Census 2027 duty. The stay applies only to private unaided schools.

Justice Harpreet Singh Brar passed the interim order on a petition filed by the Haryana Progressive Schools Conference. The Court issued notice of motion and ordered that, until the next hearing, the communications dated September 1, 2026 and September 7, 2026 “qua private unaided schools, shall remain stayed.”

The petitioner had earlier filed CWP No. 17416 of 2026 seeking protection against the requisitioning of teaching staff of private unaided schools for Census duty. That petition was withdrawn on May 29, 2026, with liberty to file a fresh petition if the schools were again asked to send their staff for Census work.

The present petition was filed after the respondents issued fresh communications calling for details of teachers in private and government schools for Census 2027.

Counsel for the petitioner argued that neither the Census Act, 1948 nor the Rules framed under it empower the authorities to requisition teachers of private unaided schools as Enumerators or Supervisors.

He submitted that Section 4A of the Act only provides for officers and staff of local authorities to be made available for census work. Private unaided schools and their employees do not fall within the definition of a “local authority.” According to counsel, the authorities cannot enlarge the statutory power under Section 4A through administrative instructions or communications, so the impugned communications were without jurisdiction.

Counsel further argued that the action interfered with the right of the member schools to administer and manage their institutions. He submitted that teachers of private unaided schools cannot be compelled to perform duties wholly unconnected with teaching unless there is clear statutory authority. He also contended that the communications violated Articles 14 and 19(1)(g) of the Constitution.

Relying on paragraph 54 of the Eleven-Judge Bench decision in T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, counsel argued that private unaided institutions enjoy autonomy in their administration and management, and that regulatory measures cannot go beyond it. Compulsorily deploying their teachers on non-teaching duties without clear statutory backing, he said, would be impermissible interference with that autonomy.

The AAG, Haryana accepted notice on behalf of the State respondents and sought time to file a reply. The Court directed that any reply be filed at least seven days before the next date, with an advance copy to opposing counsel.

Pending further hearing, the Court stayed the operation of the communications dated 01.09.2026 and 07.09.2026 as far as they concern private unaided schools.

The matter is listed on April 29, 2027.

Mr. Rohit Sud with Mr. Gaurav Arora, Mr. Ishan and Mr.Sameesh Bassi, Advocates for the petitioner.

Mr. Priyavrat Parashar, AAG, Haryana-State.