S.B.SINHA, HARJIT SINGH BEDI
Election Commission of India – Appellant
Versus
St. Mary s School – Respondent
Question 1? Question 2? Question 3?
Key Points: - The court balanced the right to education under Article 21A with the sovereign function of holding elections. (!) (!) - It held that teaching staff should be utilized for election work on holidays and non-teaching days, not during teaching hours. (!) (!) (!) (!) - Non-teaching staff may be deployed for election duties on any day, but teaching hours should be preserved; the decision directed consistent implementation to protect minimum 210 schooling days. (!) (!) (!) (!) (!)
JUDGMENT
S.B. SINHA, J --. Leave granted.
2. A short but interesting question, as to how conflict in two constitutional rights should be balanced, is involved in this appeal which arises out of a judgment and order dated 11.08.2004 passed by a Division Bench of the Delhi High Court in Writ Petition (Civil) No. 1076 of 2003.
3. Respondent No.1 is an unaided school. It is governed by the provisions of the Delhi School Education Act, 1973 (for short, 'the Act') and the rules framed thereunder. It filed a writ petition in public interest, questioning the action of the appellant and the respondents Nos. 2 to 5 herein as regards utilizing the services of the teachers of the Government schools for various purposes during school timings, as a result whereof the students reading in the said schools are deprived of obtaining instructions from their teachers during such period. In the writ petition it was pointed out that the absence of teachers occur due to their deployment for non- educational purposes; and as the teaching and administrative staff of these schools have been used by the State agencies as well as the appellant herein for various other du
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