Surya Pratap Singh vs State Of U.P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
Advocate Appeared:
For the Appellant :- Satyendra Chandra Tripathi
For the Respondent: C.S.C.,Jitendra Ojha, Rama Nand Pandey

JUDGMENT :

Ajay Bhanot, J.

1.The judgement is being structured in the following conceptual framework to facilitate the discussion:

A.	Introduction
B.	Submissions
C.	Facts
D.	Issues arising for determination
E.	Right to Education and Consequences of allocation of election duties to teachers: Case Laws
F.	Election Guidelines dated 04.10.2022
F.	a. Election Commission Guideline No. 1.2 Categories of employees who can be appointed as Booth Level Officers
G.	Election Commission Guideline No. 1.5d dated 04.10.2022
	a. Importance of Education
	b. Role of teachers
	c. Teaching: Need of leisure time for teachers and impact of productively spent holidays/free time on teaching
	d. Election Guideline No. 1.5d Minimal Appointment of Teachers: Interpretations and Conclusion
H.	Final Directions

A. Introduction

2. By the impugned order dated 16.08.2024 the petitioner has been directed to discharge election duties as a Booth Level Officer.

B. Submissions of learned counsels

3. Learned counsel for the petitioner Shri Satyendra Chandra Tripathi has made the following contentions:-

i) The election duties which are assigned to the petitioner will interfere in the functioning of the petitioner as an Assistant Teacher.

ii) The work of a Boot