The Bombay High Court vacation bench on Friday provided relief to over 500 private unaided schools across Maharashtra by staying the state government's requisition to deploy their teachers and employees for compulsory census duties.
Court's Observations
A division bench of Justices Gautam Ankhad and Sandesh Patil, while granting urgent relief in a batch of petitions filed by the Unaided Schools Forum and other associations, stated that the rules under the Census Act cited by the state cannot be interpreted to authorize compulsory deployment of private unaided school teachers for census duty. The High Court observed that Rule 5(5), for instance, was not an independent source of substantive power authorizing compulsory requisition of private school teachers.
Legal Proceedings
The HC issued notice to the state, its director of census operations, and charge officers across Mumbai, Navi Mumbai, Pune, Nagpur, and Pimpri-Chinchwad municipal corporations, seeking replies within four weeks to the petitions.
The Unaided Schools Forum, based in Mumbai, along with Independent English Schools from Pune, Private Unaided School Management in Dombivli (East), and members of the International Schools Association in Mumbai, had petitioned the HC for urgent relief against their staff being roped in for mandatory duty in the ongoing Census-2027. Senior counsel Venkatesh Dhond, representing the associations, sought urgent intervention, stating that "coercive steps by way of show cause notices and registration of First Information Reports have been initiated against teachers and staff members of the petitioners' associations for non-compliance with directions for census duties." He argued that only local authorities are obliged to make their staff available for census duty.
Background of the Census
In June last year, the Central Home Ministry declared that the Census would be conducted across India. The first phase for house listing and housing census is scheduled to be carried out between April 2026 and September 2026, during which enumerators undertake house visits to collect data.
State's Argument
State government pleader Anjali Helekar and senior counsel RV Govilkar, representing the Census Operations Director, defended the requisition order of February 27, 2026, issued by a charge officer. They argued that it was legally valid under the Census Act provisions and that the schools were attempting to create an "artificial distinction" between teachers in aided and unaided schools. They pointed out that Section 4(2) of the Census Act, read with Rule 3 of the Census Rules, specifically authorizes the appointment of teachers, clerks, and other officials as enumerators. Under the Right to Education Act, even unaided schools are considered 'schools'. The state argued that a stay during school vacation would delay the census exercise and affect government planning and policy decisions.
Court's Decision
The HC stated that the state's vacation-time argument cannot be accepted as an answer to the petitioners' grievance. The court noted that a substantial number of staff have been requisitioned for census duties, which would "disrupt the regular academic activities and impair the right of students to uninterrupted education. Hence, interim protection cannot be denied."
The High Court order said, "The census exercise can always be undertaken through governmental machinery, local authorities or aided institutions, which the statutory framework itself contemplates." The court kept open legal issues on delegation of power by the state. The matter is now listed on July 31 for final disposal.
