TAPABRATA CHAKRABORTY,J. - (1.) The present writ petition has been preferred challenging inter alia an order dated 21st August, 2017 passed by the respondent no.5.
(2.) Mr. Shamim, learned advocate appearing for the petitioner submits that the petitioner is an Assistant Teacher of a primary school, namely, Dakshin Alipore F.P. School (in short, the said school). In the said school, there are 54 students and two Assistant Teachers including the petitioner. On the basis of a memo dated 20th August, 2018 issued by the respondent no.3, the respondent no.5 issued the impugned order appointing the petitioner in terms of the provisions of Section 13 CC of Representation of People Act, 1950 to discharge the function of Custodian cum Designated Officer in respect of Electoral Part No.146/289 of Bishnupur (SC) Assembly constituency for the period from 1st September 2018 to 31st October, 2018 in connection with the Special Summary Revision of Electoral Rolls with reference to 1st January, 2019 as qualifying date. In the said order it was also directed that the petitioner would have to sit from 11 am to 4pm during all working days (including Sunday) and from 10 am to 5pm on four special campaign dates, i.e., 9th September, 23rd September, 6th October and 28th October, 2018.
(3.) Drawing the attention of this Court to the provisions of Sections 25 and 27 of the Right to Children to Free and Compulsory Education Act, 2009 (in short, the RTE Act) and the schedule referred therein, he submits that up to 60 admitted children there should be two teachers and that no teacher shall be deployed for any non-educational purposes other than decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament.;