JUDGMENT :

1. Sri Ashwani Kumar Yadav, learned counsel for petitioners, Sri Vijay Kumar Srivastava, learned counsel for respondent nos. 5 and 6.

2. Petitioners have filed this petition challenging the order annexed as Annexure-1 to the writ petition, whereby petitioners who are working as Assistant Teachers in primary school have been requisitioned to work as booth level officer (BLO).

3. Learned counsel for petitioners has placed reliance on decision of co-ordinate Benches in case of Charu Gaur and 2 others vs. State of U.P. and 6 others (Writ -A No. 6975 of 2021) so also in case of Madan Gopal and 8 others vs. State of U.P. and 6 others (Writ -A No. 17884 of 2019), and placing reliance on these decisions, it is submitted that in terms of the prohibition under Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "the Act of 2009"), prohibits the District Magistrate and District Basic Education Officers to depute Assistant Teachers for works in violation of Section 27 of the Act of 2009, thus petitioners' engagement as BLO be set aside.

4. Petitioners have also placed reliance on the decision of Division Bench of this Court in case