The Bombay High Court's vacation bench has stayed the Maharashtra government's decision to deploy teachers and non-teaching staff from private unaided schools for compulsory census duties during the ongoing house-listing exercise for Census 2027. This interim relief, granted on Friday, could potentially delay the census process in several districts, including Pune, Navi Mumbai, and Nagpur, especially during the school vacation period.
Impact on Census Operations
State officials have acknowledged that the stay order may cause some difficulties in the house-listing exercise. However, they have assured that district administrations will rely on additional reserve staff to continue the process without major disruption. A senior census official from Pune district administration stated, "The house-listing process could face some difficulties, but we will manage with reserve staff."
Legal Proceedings
The division bench of Justices Gautam Ankhad and Sandesh Patil observed that the rules under the Census Act cited by the state cannot be interpreted to authorize the compulsory deployment of teachers and staff from private unaided schools. The bench specifically noted that Rule 5(5) of the Census Rules is not an independent source of substantive power permitting such compulsory requisition.
An on-duty census official questioned the exemption of private school staff, stating, "Section 4(2) of the Census Act read with Rule 3 of the Census Rules specifically authorizes appointment of teachers, clerks, and other officials as enumerators. We wonder why private school staff are being given an exemption."
Next Steps
The High Court has issued notices to the state government, the director of census operations, and charge officers across Mumbai, Navi Mumbai, Pune, Nagpur, and Pimpri Chinchwad municipal corporations, seeking their replies within four weeks. The state government has indicated it will comply with the court's directions while preparing its response for the next hearing.
This development could affect planning and policy decisions that rely on accurate census data. The house-listing exercise is a critical precursor to the actual census enumeration, and any delays may have cascading effects on subsequent phases.
