RTE Act | Sec.27 Permits Deployment Of Teachers For Election-Related BLO Duties: Allahabad High Court
The Allahabad High Court was considering a writ petition seeking a direction to the respondent authorities to detach the petitioners from their duties as Booth Level Officers.
Justice Vinod Diwakar, Allahabad High Court
The Allahabad High Court has held that Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 expressly permits the deployment of teachers for election-related duties, and Booth Level Officer (BLO) duties fall within this exception.
The High Court was considering a writ petition seeking a direction to the respondent authorities to detach the petitioners from their duties as Booth Level Officers and not to interfere with the petitioners in the discharge of their duties as Assistant Teachers at Junior/Senior Basic Schools, in District Saharanpur.
The Single Bench of Justice Vinod Diwakar held, “Under Section 13CC of the 1950 Act, officers and staff of the State Government and local authorities employed in the preparation, revision and correction of electoral rolls are deemed to be on deputation to the Election Commission for that period. Further, Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 expressly permits the deployment of teachers for election-related duties, and BLO duties fall within this exception. The submission based on Article 21-A and the RTE Rules is, therefore, misconceived. In any event, the petitioners have not shown that their assignment as BLOs has prejudiced their teaching duties or the education of the children.”
Advocate Narendra Kumar represented the Petitioner, while Chief Standing Counsel represented the Respondent.
Arguments
The petitioners, working as assistant school teachers, contended that there is no provision in the terms and conditions of their service under which they can be assigned the duties of BLOs. It was further submitted that such assignment is contrary to Article 21-A of the Constitution of India, read with the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the Rules framed thereunder, as it diverts teachers from their core duty of imparting education.
Reasoning
The Bench, at the outset, explained that the preparation and revision of electoral rolls is a statutory function under the Representation of the People Act, 1950, and Article 324 of the Constitution vests the superintendence, direction and control of elections in the Election Commission of India.
The Bench further stated that Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 expressly permits the deployment of teachers for election-related duties, and BLO duties fall within this exception.
Thus, finding no ground to interfere with the exercise of its writ jurisdiction, the Bench dismissed the writ petition.
Cause Title: Azra Parveen And 4 Others v. State Of U.P. And 3 Others (Neutral Citation: 2026:AHC:226999)
Appearance
Petitioner: Advocates Narendra Kumar, Shobhit Singh
Respondent: Chief Standing Counsel, Advocate Jay Prakash Singh