ORDER :

These writ petitions have been filed by the petitioners seeking a directions to the respondents not to deploy teachers as Booth Level Officer ('BLO') in view of the provisions of the Right of Children to Free & Compulsory Education Act, 2009 ('the Act').

2. In the writ petitions, the petitioners relying on the circulars issued by the education department dated 18.10.2011 and 01.06.2012, sought a specific direction that as the education department itself has mandated that teachers could not be deployed for the said work, the respondents be directed not to deploy teachers like petitioners as BLO.

3. Notices of the petitions were issued to the respondents and learned AAG was directed to complete his instructions in the matter from both the education department and the election department, in view of the apparent contradictions in teachers being made to work as BLO and the instructions issued by the education department.

4. A response has been filed by the respondents, inter-alia, indicating that after the circulars relied on by the petitioners issued in the year 2011 & 2012, a communication by the Secretary of the Department to the Director, Primary Education has been issued on 27.08.2015 specifically indicating that the teachers can be deployed as BLOs and therefore, as the earlier communications stand superseded by the communication dated 27.08.2015, the reliance placed by the petitioners is misplaced.

5. Learned counsel for the petitioners made submissions that the Manual on Electoral Rolls issued by the Election Commission of India provides 13 categories of Government/Semi-government employees, who can be deployed as BLO and the same further provides that teachers shall be drafted minimally as BLO and therefore, the respondents are not justified in deploying teachers as BLOs and that the BLO should be a local person only.

6. Further submissions have been made that even in cases where there are obvious difficulties in teachers working as BLOs, inasmuch as, in some cases where the school has only three teachers and all the three teachers have been deployed as BLOs, which results in difficulties to the teachers as well as the students and therefore, the said action of the respondents is not justified.

7. Submissions have also been made that deployment is contrary to the provisions of Section 27 of the Act and on that count also, the action of the respondents in deploying the teachers as BLOs, deserves to be mandatorily stopped.

8. Learned counsel for the respondents made submissions that in view of the circular dated 27.08.2015 (Annex.-R/1), the plea sought to be raised based on the circulars of the year 2011 & 2012 has now no basis.

9. Further submissions have been made that in so far as the Manual on Electoral Rolls is concerned, the same only indicates that to the extent possible, the BLO should be an elector in the polling station where he is deputed as BLO, which cannot be read as a mandatory condition.

10. Further submissions have been made that only in cases where the teachers are required to be deputed as BLOs, they are being deployed and that the provisions of Section 27 of the Act, in fact, provides that teachers can be deputed for election work and as such, the submissions made in this regard also have no basis.

11. I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

12. The petitions principally have been filed relying on the circulars of the year 2011 & 2012. The circular issued on 27.08.2015 (Annex.-R/1) reads as under:

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