- (1.) HEARD the learned counsels.
(2.) THE challenge in the present writ petition is to Annex.1 order dtd.26.6.2008 passed by the SDM, Sri Ganganagar who was working as Election Officer to one of the teachers of the petitioner Association to undertake the work relating to revision of electoral roll. By specific note given in the said order dtd.26.6.2008, it was made clear that the teachers assigned the work of BLO (Booth Level Officer) will do such work beyond the school hours requiring him to teach the students or on the holidays. The learned counsel for the petitioner relying upon the certain observations made by the Hon'ble Apex Court in the case of Election Commission of India V/s St. Mary's School and ors. reported in (2008) 2 SCC 390 submitted that the teachers members of the petitioner association cannot be assigned the duties of revision of electoral roll or other work relating to election duties adversely affecting imparting of education by them to the students in the Schools. He drew the attention of the Court towards the attendance given by one of the teachers Ram Swaroop on certain working days before the Election Officer with regard to discharge of said assigned duties. Having heard the learned Counsels at some length and after going through the judgment of the Apex Court in the case of Election Commission of India (supra), this Court finds no force in the submissions made by the learned counsel for the petitioner. The Hon'ble Apex Court in the aforesaid judgment while deprecating the practice of employing teachers meant for imparting education to the students in the School and to prevent any adverse affect on imparting of said education particularly primary education observed that such teaching staff if at all required to be employed for such duties in the election matter, should be so put on duties of elector roll revision and other election work on holidays and non-teaching days and they should not ordinarily be put on said duties on teaching days and within teaching hours. The non-teaching staff however may put on such duties on any other day or at any time if permissible in law. The said observations of the Hon'ble Supreme Court are not flouted in the present case at all as would borne out from the note given in the order dtd.24.6.2008 which clearly shows that the teachers to whom the duties with regard to such election work are assigned shall work only after the school hours and on holidays and thus not adversely affecting the education of the students in the country or of the area in question. No such straitjacket ban or restriction could be imposed against the assignment of the election duties which is also a mandatory and necessary work to be undertaken by the Government servants for free and fair election of various legislative bodies and institutions. The petitioner or the Association like in the present case cannot seek any such mandate from the Court in exercise of writ jurisdiction that they cannot be assigned such duties at all. The guidelines laid down by the Hon'ble Apex Court in the aforesaid judgment makes a clear distinction between the teaching staff and non-teaching staff and has taken care of the situation. The Hon'ble Apex Court has directed that the teaching staff should be put on such duties only beyond the school hours or on holidays or non-working days, whereas the non-teaching staff can be assigned the duties on any working day. The impugned order in the present case is absolutely in consonance with the letter and spirit of the decision of the Hon'ble Apex Court. The mere fact that one of the members of the petitioner Association presented himself for a particular election work before the Election Officer on a particular working day neither shows that he did so during school hours nor there is any other document on record to show that he was called for the said meeting or election work during the school hours, thus depriving him of his duties with regard to teaching of students during the school hours. Coupled with the fact that the impugned order does not run counter to the decision of the Hon'ble Apex Court in the aforesaid judgment, the fact that the period in question for which the members of the petitioner association were assigned the said duties was over long back and even as per the document filed with the stay petition requiring Ramswaroop to do the said work between 1.5.2010 to 20.5.2010 is also over, does not call for any relief at this stage to the petitioner association or the members thereof. As already observed, since the teachers like other Government servants also cannot refused to undertake such work relating to election and no such blanket ban can be put against the Government for this purpose. This court finds no ground to interfere with such assignment of duties in the present writ petition. The writ petition being devoid of merit is accordingly dismissed with costs of Rs.2000/-.;