Hon’ble Amitava Lala, A.C.J.—The grievance of the petitioners’ association being the Teachers of the respective aided, non-Government recognized institutions in the name of Uttar Pradesh Madhyamic Shikshak Sangh and its Secretary, by way of this public interest litigation, is that in the recent census the teaching staffs of the various institutions were directed by the Central/State authorities to be deployed in the census work.

2. According to the respondents, the work is required to be done in three phases: April, 2010-Training, September, 2010-Indexing and from February, 2011 for about four months for the purpose of completion of appropriate census work. The main grievance of the petitioners is that the Teachers are engaged in imparting education, therefore, interest of the students are to be protected. It is further submitted before us that if the Teachers are not taken for the purpose of rendering actual work to be done in the census, they should not be called for training.

3. The respondents both for the Union of India and the State have appeared and contended before us that census is required to be done for national interest, therefore, nobody can avoid such type of work irrespective of their imparting education particularly, when they are receiving salary from the public exchequer. In the month of June the schools/colleges will be closed and only three days are required for the purpose of training during such period. No guardian or Teacher or institution have come forward objecting the steps taken by the Union of India and State with regard to census work. They will get their appropriate emoluments for the purpose of doing the work. However, in support of the contentions of the petitioners they relied upon the judgement of the Supreme Court in Election Commission of India v. State Bank of India Staff Association Local Head Office Unit Patnas: Northern Zone Insurance Employees Association), 1995 AIR 1078 (SC) : 1995 (Supp. 2) SCC 13 and Election Commission of India v. St. Mary’s School and others, 2008 (1) ESC 1 (SC). However, even before the citation we wanted to strike a balance between two contingencies: one is imparting education and another is with regard to assistance in the census work by the Teachers. Election Commission of India (supra) i.e. the second judgement of Supreme Court also said about Teachers in respect of holding duty for the election purpose that there is necessity to maintain the balance between the two.

4. Sri S. K. Misra, learned counsel appearing for the Union of India has voluntarily stated before this Court that only 5 to 10 percent Teachers of an institution as per record, has been taken for the purpose of rendering and discharging their work. If it is so, there would not be any difficulty to strike a balance and fulfill the direction by this Court.

5. As against such view of the Supreme Court, we cannot hold and say that Teachers cannot be taken for the purpose of rendering census work which is required for national importance, therefore, striking the balance between the two parts, we find that the first part is the training and the same can be made within summer vacation of the year and fixed for three days only, we do not find any difficulty for the Teachers in attending such training. So far as indexing and final work for the purpose of completion of census work are concerned, for the sake of equity, we direct the Central and State authorities to fix a programme either preponing the dates or otherwise so that the duties can be discharged by such Teachers during vacational period which is forthcoming or in the periods when the institutions are closed inclusive of holidays unless they are compelled to accept their duty in any working day and if such work are taken in the working days then in that case the authorities will take into account the strength of the Teachers of the individual institutions so that there should not be any difficulty in imparting education to the students.

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