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RAJESH BINDAL, JASPREET SINGH
Nirbhay Singh – Appellant
Versus
State of U. P. – Respondent
ORDER :
1. The matter has been placed before this Bench for considering the following questions referred by the learned Single Judge vide order dated November 11, 2021:
(2) Whether before or after the issue of notifications relating to elections to a Local Body, a State Assembly or the Parliament, can teachers be deployed to any kind of election-related work on teaching days or during teaching hours?”
2. The matter was referred to larger Bench for the reason that the learned Single Judge was of the opinion that the view expressed by the learned Single Judge in Kanika Banshiwal and Others vs. State of U.P. and Others, 2021 SCC Online All 755 runs contrary to the view expressed by the Division Bench in Sunita Sharma Advocate High Court vs. State of U.P. and Others, 2015 (3) ALJ 519.
3. The petitioners in the writ petitions claim that they are working as As
Teachers can be assigned election duties only minimally and outside teaching hours to uphold the Right to Education.
Teachers can be called upon to perform election duty during holidays and non-teaching hours, as per the judgment of the Supreme Court and previous decisions of the court.
Duties relating to election to the local authority or the State Legislatures or Parliament relate to conduct of elections and consequent deployment of teachers on the days of poll and counting, the t....
Aided school teachers cannot contest elections as it contradicts their duties under the Right to Education Act, reinforcing the importance of quality education.
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