Hon’ble P.K.S. Baghel, J.—This writ petition has been made under Article 226 of the Constitution of India by the U.P. Pradeshiya Prathmik Shikshak Sangh, aggrieved by an order dated 28.4.2017 passed by the third respondent, the District Magistrate/Collector, Banda, whereby he has directed for deployment of teachers of primary schools in verification of Ration Cards.

2. The basic facts pertaining to the issue in question may be stated as follows :

3. The petitioner No. 1, U.P. Pradeshiya Prathmik Shikshak Sangh is a society registered under the Societies Registration Act, 1860. One of the objects of the Society is to look after the interest of its members, who are the teachers working in the recognZed Basic Schools run and conducted by U.P. Board of Basic Education. Petitioner No. 2 is the President of the petitioner No. 1.

4. The grievance of the petitioners’ association is that the third respondent has passed an order directing the teachers working in the Basic Schools to undertake the exercise of verification of Ration Cards and the list of Antyodaya, BPL Card-holders under the provisions of National Food Security Act. The said order has been passed consequent upon the order passed by the Chief Secretary, Government of U.P. to take necessary steps for verification by assigning the duty of teachers of Basic Schools for the aforesaid purpose.

5. In compliance of the directions issued by the District Magistrate/Collector, the fourth respondent, Basic Shiksha Adhikari, Banda has furnished a list of Assistant Teachers working in recognZed Basic Schools in district-Banda.

6. Aggrieved by the said order the Assistant Teachers, who have been assigned the aforesaid duty, approached the teachers’ association to espouse their cause by taking appropriate remedial action. The petitioner on 4.7.2017 has approached the Basic Siksha Adhikari raising the grievance regarding said decision and invited his attention to the Government Order dated 3.9.2012, wherein it is clearly provided that teachers should not be engaged in any non-teaching works.

7. Upon the said representation, the Basic Shiksha Adhikari forwarded the petitioner’s representation to the District Magistrate/Collector on 5.7.2017. However, the District Magistrate/Collector has not taken any decision on the representation made by the petitioners.

8. The issue involved in this writ petition raises pure question of law, hence with the consent of the parties, the writ petition is taken on the board for final disposal in terms of the Rules of the Court.

9. Learned counsel for the petitioners states that the order of District Magistrate-Collector assigning the duties of Assistant Teachers is contrary to the provisions of the Right of Children to Free and Compulsory Education Act, 2009, the Rules framed under the said Act by the State Government and the Government Order dated 3.9.2012. He next submits that Section 27 of the Act, 2009 contains a prohibition on the engagement of teachers for any non-educational purposes. He further submits that Rule 21(3) of the Right of Children to Free and Compulsory Education Rules, 2010 provides the same prohibition. Learned counsel for the petitioners has relied upon an order of this Court in the case of Sunita Sharma Advocate High Court v. State of U.P. and others (Act, 2009) passed in Civil Misc. Writ Petition (PIL) No. 11028 of 2015 decided on 11.3.2015.

10. Learned Standing Counsel has justified the action of the District Magistrate/Collector on the ground that in view of the importance of the work under the National Food Security Act, 2013 (Act, 2013), it was necessary to find out the eligible persons to get he benefit under the said Act. He further submits that a large number of ineligible persons are enjoying the benefits under the provisions of Act, 2013 hence it was necessary to prepare a proper list of eligible persons to eliminate and delete the ineligible persons. He next submits that due to shortage of hands the District Magistr