'Open To Teachers To Raise Concerns To Authorities In Case Of Personal Difficulties', Rajasthan HC Dismisses Plea Seeking Directions To State To Not Deploy Teachers As BLO
Live LawThe Rajasthan High Court dismissed writ petitions seeking directions to the respondents-state to not deploy teachers as Booth Level Officer in view of the provisions of the Right of Children to Free & Compulsory Education Act, 2009. Further, the petitioners relying on the circulars issued by the education department dated 18.10.2011 and 01.06.2012, sought a specific direction that as the education department itself has mandated that teachers could not be deployed for the said work, the respondents be directed not to deploy teachers like petitioners as BLO. The court pursued Section 27 of Right of Children to Free & Compulsory Education Act, 2009 and opined that it deals with prohibition of deployment of teachers for non-educational purposes, by way of exception provides that the teachers can, inter-alia, be deployed for duties relating to elections to the local authority or the State Legislature or Parliament, as the case may be and it cannot be said that the work of BLO would not fall within the said category. In addition, to this, the court pursued circular issued on 27.08.2015 and opined that the said circular clarifies each and every aspect regarding the engagement of teachers as BLOs and for all other non teaching work and therefore, the plea sought to be raised in this regard based on previous circulars essentially has now no basis. The counsel for the petitioners made submissions that the Manual on Electoral Rolls issued by the Election Commission of India provides 13 categories of Government/ Semi-government employees, who can be deployed as BLO and the same further provides that teachers shall be drafted minimally as BLO and therefore, the respondents are not justified in deploying teachers as BLOs and that the BLO should be a local person only.
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