Calcutta HC seeks balance between census duties and students’ education
The Calcutta High Court on Friday said it wants both the Census exercise and education of students to continue smoothly, while hearing petitions by school teachers who claimed difficulties in performing Census duties within the prescribed timings.
A section of teachers challenged a Government notification appointing them as enumerators and supervisors for the Census exercise.
Justice Krishna Rao said the court wanted the Census work to continue without affecting the education of students, but the administration should ensure that those assigned the task are able to perform it despite their personal difficulties. The petitioners contended that they have to travel long distances to their respective schools and, with only Sunday as a weekly holiday, find it difficult to perform Census duties within the prescribed timings.
“If a teacher is working 10 am to 4 pm everyday, coming from 40 or 60 km away, and gets a holiday only on Sunday, do they need to work on that day for some remuneration for the Census?” the court asked. Justice Rao said if teachers were required to undertake Census work during weekends, he would also seek the Chief Justice’s approval to sit on Saturdays and Sundays, as several petitions, including those related to the Special Intensive Revision (SIR), were pending before the court.
The court’s observations came after the West Bengal Government’s counsel submitted that the notification clearly stated that Census work should be carried out in a manner that does not affect academic activities in schools and should be undertaken after class hours or during weekends.
Justice Rao asked whether teachers had no work at home on Sundays, while pointing out that Saturdays are working days in schools.
The high court directed the counsel for the petitioning teachers to provide details of their place of residence, the school where they are posted and the distance between the two locations.
They were also asked to provide school timings and whether their schools remain open on Saturdays.
The details are to be handed over to Additional Solicitor General Dhiraj Trivedi, representing the Centre.
Justice Rao directed that the matters would be heard again on August 18.
Senior advocate Subir Sanyal, appearing for one of the petitioners, argued that a guideline should be framed on the lines of those in other states, where teachers assigned Census duties are temporarily relieved of their regular school responsibilities.
Additional Solicitor General Dhiraj Trivedi said similar matters had come up before the Supreme Court, which had held that working in the prescribed manner was possible.
He also referred to provisions of the Right of Children to Free and Compulsory Education Act.
The ASG said a middle-point be found so that the Census exercise could be carried out without affecting the teachers’ lives or school education.
Justice Rao said if the administration was keen to utilise teachers for the Census exercise, it should identify those residing near their respective schools.
The court observed that the administration had simply selected some teachers from every school for Census duties without considering such factors.
