Male Staffer's Privacy Not Violated By Photograph Based Attendance Proof, Female Staffers To Be Exempted From Such Policy: Madhya Pradesh HC

The Madhya Pradesh High Court has observed that the privacy of male teachers is not getting affected from the photograph-based attendance rule while some alternate solution needed for the female staffers.

The Court was considering a Writ-Appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal), Adhiniyam, 2005 against an order of the single-judge.

The division-bench of Justice Anand Pathak and Justice Hirdesh observed, "It is expected that the State Government/ respondents shall look into the matter regarding marking of attendance as discussed above in right earnest and come out with a tangible solution in that behalf. Till solution is evolved, female teacher would be permitted to send photographs of the Campus or Office of the Principal treating it to be attendance. Since every smart phone carries META-DATA, therefore, Control Room would decipher actual presence of that staff on the basis of META-DATA. Although, appellants are male teachers therefore, they are not affected by the privacy issue as projected by counsel for the appellants in respect of female staff however, till some more comprehensive solution is evolved by the respondents/ Department, female staff shall continue to upload photographs as suggested above."

The Appellant was represented by Advocate K. Kartikey while the Respondent was represented by Additional Advocate General Vivek Khedkar.

Facts of the Case

The Petitioners, working as Primary School Teachers in Primary School were aggrieved by the Circular whereby CEO, Jila Panchayat, Vidisha issued the circular for ensuring presence of teachers and students in the Primary School/ High School/ Higher Secondary School falling in the district Vidisha. It was stipulated in the circular that when teachers/ students will join the school at 10:00 am then he/ she will have to submit JIO Tap Photo on Whatsapp in Control Room of BRC Office and District Education Center.

It was the contention of the Appellant that it is contrary to the scheme framed by School Education Department Government of M.P., by way of which one School Academy Committee has been constituted, in which teachers and parents of the students are members and they ensure attendance of the teachers and students in the school as well as over all development and training of the teachers and other co-curricular activities for holistic development of teachers and students.

It was further submitted that issue of privacy of female teacher staff as well as girl students is also worth consideration because if female teaching staff has to send their photographs uploaded on WhatsApp then possibility of misuse of those photographs cannot be ruled out, therefore, Appellants preferred the writ petition, which was dismissed on the ground that every employer has the right to manage his workforce for effective and smooth functioning of the Institution during working hours.

On the other hand, Counsel of the State submitted that this mechanism has been devised because it is being observed that teachers are not regularly visiting the school premises for imparting education to the students as sometimes, they remain absent without disclosing to the higher authorities and sometimes, some instances are available in which teachers after appointment delegate their job of teaching to some other persons on part payment basis therefore, to check this anomalous situation, this mechanism has been conceptualized. It was to ensure attendance of the teachers so that they can impart education to the students in proper manner.

Reasoning By Court

The Court at the outset noted that the Circular indicates that the CEO Jila Panchayat, Vidisha is cognizant of the fact that the teachers at times, do not come to the school to impart education to the students and at times, they do not furnish correct information regarding their attendance

"This is very common that many a times (not always), teachers of primary school take their job causally regarding imparting education whereas they are Builders of Nation and they have to teach and train the new generation for posterity. Indeed, they are over burdened with their work like election duties, census and health related surveys etc., but their main/ basic job is to impart education to the students, therefore, if their attendance is tried to be ensured by the respondents/ department by way of technology as referred in the circular dated 28/11/2024, then it ought to be a welcome step rather than a point of adjudication," the Court observed.

It stated that another aspect that needs consideration is constitutional protection given to the students studying in the primary schools by way of Article 21-A of the Constitution of India (Right to Education) by which it is the duty of the State that it shall provide free and compulsory education to all the children of the age of six to fourteen years in such manner as the State may, by law, determine and therefore if the attendance of the teachers is not ensured by the respondents and if proxy teachers are continued to work on behalf of regular appointed teachers, then it would be a mockery of the education and defeat of constitutional provisions.

The Court was thus of the view that so far as ensuring presence of the teachers by the respondents/ department is concerned, it has no element of arbitrariness or illegality. Regarding circular dated 15/11/2019 and creating a School Academy Committee, it was of the view that they both can go side by side and are in-fact complimentary to each other and are not at loggerheads.

So far as privacy of female teachers is concerned, the Court was of the view that this is a cause which deserves attention and ratification

"It is true that possibility cannot be ruled out that regular photographs sent by the female staff and girl students on the Whatsapp as discussed above may be misused by miscreants, therefore, this aspect deserves to be re-looked by the respondents/ Department. Just as a food for thought, this Court expect from the respondents/ Department especially the Department of Information and Technology, Government of M.P. (MAP-IT) that it would come out with a tangible solution by way of creating an 'APP' or amending the already existing 'APP' so that privacy of the female staff and girl students can be protected and at the same time, attendance of the teachers whether male or female must be ensured so that they would regularly appear in the school and impart education to the students," the Court observed.

The Appeal was dismissed with cost.

Cause Title:

Appearances:

Petitioner- Advocate K. Kartikey,

Respondent- Additional Advocate General Vivek Khedkar, Additional Advocate General Deependra Singh

Kushwaha

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