1. This petition filed by Akhil Dilli Prathamik Shikshak Sangh under Article 226 of the Constitution of India seeks the following relief:

(a) Issue an appropriate writ quashing the directive of the respondent dated 25.4.2008 and similar other directives whereby the MCD teachers have been directed to carry out verification of voters I-card in addition to their normal duty of teaching which is contrary to general public interest and breach of fundamental rights of the children below 14 years of age.

2. The question of deploying teachers employed in schools run by the state government or municipal corporations for work connected with the conduct of elections, including revision of electoral rolls in terms of the Representation of the People Act 1950 (RP Act 1950), was considered by the Supreme Court in Election Commission of India v. St. Marys School AIR 2008 SC 655 . The said decision was rendered in an appeal filed by the Election Commission of India against the judgment dated 11th August 2004 passed by this Court in WP (C) 1076 of 2003 in which a statement was recorded that the respondents Government of the National Capital Territory of Delhi (GNCTD), the New Delhi Municipal Council (NDMC) and the Municipal Corporation of Delhi (MCD) had accepted that the services of the teachers would be utilized for non-teaching purposes only on a day which was not a working day for the students. Before the Supreme Court it was contended by the Election Commission of India that under Article 324(6) of the Constitution of India the Central Government and State Government have a duty to make available to the Election Commission of India adequate staff for the discharge of its functions and powers of superintendence, direction and control of elections under Article 324 of the Constitution. A reference was made to Section 29 of the RP Act 1950 which mandates that every local authority shall, when so requested by the Chief Electoral Officer of the State, make available to any electoral registration officer such staff as is necessary for the performance of the duties in connection with the preparation and revision of electoral rolls. It was observed by the Supreme Court that (SCC, p.402): "the question if the right to exercise franchise is an important one...right to education is also no less important being a fundamental right." Thereafter the Supreme Court, while dismissing the appeal of the Election Commission of India, observed as under (SCC, p.403): 33. We would, however, notice that the Election Commission before us also categorically stated that as far as possible teachers would be put on electoral roll revision works on holidays, non-teaching days and nonteaching hours, whereas non-teaching staff shall be put on duty any time. We, therefore, direct that all teaching staff shall be put on the duties of roll revisions and election works on holidays and non-teaching days. 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.

3. The above judgment of the Supreme Court should have laid to rest any doubts whether teachers could be deployed for the work in connection with elections during school working days and hours. However, this petition by an association primary school teachers in Delhi suggests otherwise. Its genesis is in a communication dated 21st March 2008 written by the Chief Secretary, GNCTD to the Commissioner of MCD which reads as under:

The Election Commission of India will hold the Assembly elections in December 2008 and has stressed on the need to appoint Booth Level Officers who are to function as the officials in the community who would regularly add and suggest names within the area of the polling booths. They would be compensated for doing the work which is normally done after office hours and on holidays. The shortage of officers for doing this work was discussed with the Election