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2025 Supreme(All) 3678
HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAKASH PADIA, J.
Indra Devi - Petitioner
Versus
State of U.P. And others - Respondent
WRIT - A No. - 14242 of 2025, Writ - A No. 15566 of 2025
Decided On : 02-12-2025
For the Petitioner: Harsh Narayan Singh, Prabhakar Awasthi
For the Respondent: C.S.C., Rajesh Khare
Teachers' attendance is crucial to uphold the Right to Education, and accountability measures must be enforced to maintain educational standards.
Headnote:(A) Right of Children to Free and Compulsory Education Act, 2009 - Article 21-A of the Constitution - Teachers' Attendance - The court recognizes that teachers are essential to education; thus, their absence impedes the educational goals set forth by the Act. The need for digital attendance monitoring has been emphasized due to rampant teacher absenteeism, which directly contravenes the mandate of Article 21-A. It is further noted that the principles of teacher accountability and the state’s obligation to ensure compliance are paramount. (Paras 6, 31)
(B) Disciplinary Action - The court upholds the suspension orders against teachers while mandating the disciplinary authority to expeditiously conclude investigations into their conduct, reinforcing the seriousness of maintaining educational standards. The state is tasked with developing policies to ensure timely attendance. (Paras 32, 33)
Facts of the case:
The petitions challenge suspension orders against teachers accused of being absent during inspections, affecting the implementation of the Right to Education Act.
Findings of Court:
Recognition of the critical role of teachers and a directive to swiftly conclude disciplinary actions against absent teachers.
Issues: The primary issues include teachers' attendance and the implications of their absence under the Right to Education Act.
Ratio Decidendi: The court affirmed that the presence of teachers is vital to fulfilling the educational mandate of the state, requiring immediate legislative and administrative measures to ensure compliance with the Right of Children to Free and Compulsory Education Act.
Result: Writ petitions disposed of; directives issued to ensure compliance.
| Table of Content |
|---|
| 1. the role and significance of teachers. (Para 1 , 2 , 3 , 11 , 12 , 30) |
| 2. challenge to suspension orders of teachers. (Para 4 , 5 , 31) |
| 3. judicial acknowledgment of teachers' vital role. (Para 23 , 24 , 25 , 27 , 28) |
| 4. directions for expediting disciplinary processes. (Para 32 , 33) |
JUDGMENT :
PRAKASH PADIA, J.
1. Teachers are essential members of our society. They are pillars of knowledge, shaping the future of our kids - they are educators, mentors, guides, and inspirations.
2. According to Dr Radhakrishnan, the success of the educational process depends considerably on the teacher, for it is the teacher who has to implant alms,and to build the character of the students.
3. Mahatma Gandhi, the Father of the Nation has stated that "a teacher cannot be without character. If he lacks it, he will be like salt without its savour. A teacher must touch the hearts of his students.
4. The aforesaid writ petitions have been challenging the order dated 30.08.2025 and 11.07.2025 respectively passed by the District Basic Education Officer, by which the petitioners in the aforesaid writ petitions have been placed under suspension on the ground that they were not found in the institution at the time of inspection.
5. Since the controversy involved in all the above writ petitions are similar hence these are being decided by a common order.
6. While entertaining the Writ Petition No.14242 of 2025, observations were made by this Court vide order dated 16.10.2025 that Court is flooded with the matters pertaining to the attendance and non-attendance of teachers in primary educational institutions. It was further observed that without proper attendance of teachers as well as staff of the primary institution, the purpose of the Right of Children to Free and Compulsory Education Act, 2009 will be frustrated. Ultimately the following observations were made by this Court on16.10.2025:-
"9. The State Government has made a policy to check the institution in respect of quality teaching in the institution primary school of U.P. State as digital attendance and constituting.. Task Force at District Level and Block Level.
10. The District Magistrate and Basic Siksha Adhikari shall submit reports about the District Level Task Force and Block Level Task Force for inspection to ensure quality education.
11. For monitoring teachers' attendance, a Government Order (G.O.) regarding attendance digitalization and related work has been issued, permitting the process to be carried out digitally but the same is not on ground.
12. A self-disciplined person as a teacher, their conduct should not be regulated by any statute even then, the State Government, in respect of the absence of teachers and quality education, adopted policy. There are many cases of teachers coming to the Court due to the absence of teachers and action has been taken by the authority. On the other hand, some teachers are coming to the institution treating it not only as a job but also as a pious obligation and are teaching in the institution, so they are overburdened, and it also affects the violation of the fundamental right provided under Article 14 of the Constitution.
13. The Chief Secretary, Government of U.P., as well as the Additional Chief Secretary, Basic Education; Additional Chief Secretary of Social Welfare Department and Additional/Principal Secretary, Minority Department, Director General of Schools Education of Government of U.P. Lucknow; Director, Basic Education, Lucknow; Additional Director, Basic Education, Prayagraj Government of U.P. and District Basic Education Officers are directed to come up with certain rules and regulations for ensuring the presence of the teachers in the institution from the beginning as well as up to the end of the period of a day which is fixed for teaching for children of poor villagers residing in rural areas. "
7. Pursuant to the order passed by this Court, instructions dated 28.11.2025 is placed before this Court by Shri Abhishek Srivastava, le
