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2022 Supreme(All) 1893

RAJESH BINDAL, JASPREET SINGH
Nirbhay Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Santosh Kumar Yadav “Warsi.”
For the Respondents: Manjive Shukla, Rahul Shukla, O.P. Srivastava, Kaushlendra Yadav.

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:

    “(1) Whether the provisions of Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 permit the deployment of teachers to do any kind of duties relating to elections before the issue of an election notification relating to a Local Body, a State Assembly or the Parliament under appropriate provisions of the law?

(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

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