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Mahesh Swami S/o Shri Adu Ram – Appellant
Versus
State Of Rajasthan, Through Its Chief Electoral Officer, State Election Commission, Secretariat, Jaipur – Respondent
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
Terms of the requirement of Section 13 of the Societies Registration Act, no approval is required from the Sub-Registrar and any dispute among the governing body members or the members of the Society....
Teachers can be assigned election duties only minimally and outside teaching hours to uphold the Right to Education.
Court clarified that Election Commission guidelines prioritize local State employees for Booth Level Officer appointments, requiring compliance with specific procedural mandates.
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