Parents from a school in the city have moved the Bombay High Court, challenging multiple circulars issued by the Election Commission of India (ECI) and Brihanmumbai Municipal Corporation (BMC), which require over 2,000 Education Department employees, primarily teachers, to serve as Polling Station Officers (PSOs) and Booth Level Officers (BLOs) for the upcoming State Assembly Elections. The parents argue that these deployments have caused significant disruptions to schools, particularly during ongoing examinations, and that it violates the children’s fundamental right to education under Article 21-A of the Constitution.
The plea highlighted that recent circulars, including those issued on October 1, 4, and 14, 2024, have further escalated the situation. These orders effectively mandate full-time deployment of teachers for election duties, requiring them to skip school hours. In particular, the Returning Officer for the Kurla constituency issued an order on October 1 and 4, requisitioning teachers for full-time election duties, thus pulling them away from their regular responsibilities in schools.
Parents argued that this not only disrupts the educational process but also exhausts the teachers, as they are forced to work in distant constituencies under physically demanding conditions. The petition emphasized that teachers are essential to the smooth running of schools, and their absence severely affects the quality of education being imparted. This is particularly detrimental to students at institutions such as the Green Mumbai Primary School in Kurla.
The parents’ petition, filed through their counsel, also claimed that these orders are in gross violation of the Right of Children to Free and Compulsory Education Act, 2009. The petition states that by pulling teachers away for election duties, the authorities are failing to uphold the constitutional mandate ensuring children’s uninterrupted access to quality education.
Taking note of the plea, a division bench of Justices Atul Chandurkar and Rajesh Patil asked senior advocate Ashutosh Kumbhakoni to review the matter. The court has directed the Election Commission of India to address the concerns and provide a formal response by Monday, October 21, 2024.
The parents hope that the High Court will provide relief by ensuring that teachers are not taken away from their primary responsibility of educating students. The matter will be closely followed as it progresses, especially with the upcoming elections, and the court’s decision could have wide-ranging implications for schools across the city.
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