- (1.) LEAVE granted.
(2.) A short but interesting question, as to how conflict in two constitutional rights should be balanced, is involved in this appeal which arises out of a judgment and order dated 11. 08. 2004 passed by a Division Bench of the Delhi High Court in Writ Petition (Civil)No. 1076 of 2003. Respondent No. 1 is an unaided school. It is governed by the provisions of the Delhi school Education Act, 1973 (for short, 'the act') and the rules framed thereunder. It filed a writ petition in public interest, questioning the action of the appellant and the respondents Nos. 2 to 5 herein as regards utilizing the services of the teachers of the government schools for various purposes during school timings, as a result whereof the students reading in the said schools are deprived of obtaining instructions from their teachers during such period. In the writ petition it was pointed out that the absence of teachers occur due to their deployment for non-educational purposes; and as the teaching and administrative staff of these schools have been used by the State agencies as well as the appellant herein for various other duties outside school during school hours including: JUDGEMENT_17_ALT(SC)1_2008Html1.htm The Act and the Rules framed thereunder which govern the field mandate that all the schools in Delhi have to function for a minimum of 210 days in a year. It was pointed out that although the extent of the period differed, the teachers were asked to perform polling duties for a few months and also for census duties for considerable period. The writ petition highlighted that absence of teachers from the school for a long time resulted in unfinished courses, high drop out rates, poor results and inability to compete in open examinations, such as medicine, engineering etc. and/or to get admission in other prestigious or professional colleges. It was contended that an informal survey conducted by the petitioner therein demonstrated that about 9,00,000 students had enrolled themselves in class 1 of the schools run by the Municipal Corporation of delhi, but only 50,000 of them appeared in the secondary examination.
(3.) THE Municipal Corporation of Delhi (MCD) in its counter affidavit contended that absence of the teachers and other administrative staff of schools for performing duties allocated by the officers of the Election commission is in national interest. In the counter affidavit, it was, stated: "3. That the main work assigned to teachers is in relation to teaching work. However, in the larger national interest, some of the teachers are called upon to do some other Government work relating to public interests like polio vaccination, preparation of voter list, etc. 4. That only during the work of census in the year 2001, a slightly large number of teachers were required for the purpose. Even for this purpose, to take care that the teaching activities are not hampered in any manner, letter no. F-4/12/2000 dated 04. 02. 01, referring to the Order of Lt. Governor of the NCT of Delhi having been passed, whereby the enumerators were directed to perform their census enumeration duties before/after their normal school hours. The census work is conducted only once in a decade. " 5. That it is reiterated that it is seen that the governent work relating to public interest done by the teachers does not hamper the teaching activities. The additional government public work is some time assigned to some of the teachers in national interest. " The New Delhi Municipal Committee (NDMC) in its additional affidavit filed before the High Court, stated: "2. That the total number of sanctioned posts of teachers in NDMC Schools are about 1200. For polling duty, almost 90% of the teaching staff is deployed on duty. For census work in the year 2000 and enumeration work in the year 2001, 90% of the staff were assigned duty. For Revision of electoral rolls, almost 50% of the teaching staff is put on duty. 3. For polling duties, the Election commission deploys the teachers of the NDMC Schools for the purposes of holding Parliamentary Elections, Delhi assembly Elections and even Municipal corporation Elections. Generally the elections are held on Sundays, but before the actual polling takes places, the teaching staff is called for three working days for the purposes of training, collection of election material etc. In the year 1998-99, all the elections were held i. e. Parliamentary, Delhi assembly and Corporation Elections and hence the teachers were not on duty for 9 working days. 4. That in the year 2001, when the work of Special Revision of Electoral Roll was required to be conducted, the then chief Electoral Officer informed the respondent NDMC that the said work shall be conducted by the teachers between 13. 9. 2001 to 12. 10. 2001 by the teachers. Initially it was supposed to be a part time job, however, it was later on converted into a full time work so as to complete the assignment within the prescribed time. " ;