1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Election Commission of India.

2. This Public Interest Litigation raises the same issues which were addressed by the Honble Supreme Court in the case of Election Commission of India V/s. St. Mary School & Others reported in (2008)2 SCC 390.

3. The petitioner wants issuance of suitable directions so as to prohibit deployment of Teachers for non educational purposes such as election and census duties. The Apex Court in the aforesaid judgement has noticed all the relevant aspects and constitutional provisions and has ultimately approved the stand of the Election Commission of India that as far as possible teachers would be put on electoral roll revision works on holidays, non teaching days and non teaching hours whereas non teaching staff may be put on duty anytime. In the words of the Apex Court "Teachers should not ordinarily be put on duty on teaching days and within teaching hours. Non teaching staff, however, may be put on such duties on any day or at any time, if permissible in law."

4. Learned counsel for the Election Commission of India has drawn our attention to Sect