Employees of aided, unaided institutes not liable for Census task: Allahabad HC

While observing that the employees of aided and unaided private teaching institutions cannot be made liable for any task under the Census Act, 1948, the Allahabad High Court has stayed the order of the District Inspector of Schools (DIOS), Gautam Budh Nagar, by which he sought the list of all teaching and non-teaching staff working in all aided and unaided institutions for Census purpose. The court also asked the State Government to file a counter-affidavit within four weeks.

Justice Siddharth Nandan observed, “This Court prima facie finds that the teaching and non-teaching staff of private institutions, whether aided or unaided, cannot be said to fall within the purview of ‘local authorities’, ie, the BSA, DIOS, and the DPRO who alone are required to provide their staff as also contemplated in the letter dated April 1, 2026.”

“Further, in view of the list forwarded by the BSA to the Charge Officer pursuant to his letter dated April 8, 2026, the employees of aided and unaided institutions cannot be made liable for any task under the Census Act, 1948,” added the court.

The court was hearing a petition filed by ‘Independent Self Financed Schools Association’ whereby an order of the DIOS, by which it directed the principal/ management of all aided and unaided institutions to provide a list of all teaching and non-teaching staff for Census duty, was challenged.

According to the petitioner, the staff of teaching institutions was not covered under ‘Local Authority’ under Section 4A of the Census Act, 1948 which provides that every local authority that has been so directed must provide staff for the Census duty.

It was further argued that private institutions would not fall under the ambit of local authority as they were neither controlled by the Government nor were their subsidiaries.

The court passed the order on May 21, which came into the limelight on Monday.