Allahabad HC: Teachers shouldn’t be Deployed for Non-Educational Purposes in teeth of RTE Act

Government Schools Law Insider In

Greeva Garg –

The Allahabad High Court directed the Uttar Pradesh Government to issue directions to the concerned District Magistrates and District Basic Education Officer of different districts regarding non-deployment of teachers other than educational works in teeth of the Right of Children to free and Compulsory Education (RTE) Act, 2009.

The bench headed by Justice Vivek Chaudhary directed the UP Government amid of plea filed by three primary teachers in the state.

The petitioners stated that they are being appointed as Booth Level Officers and many other jobs by the authorities of the State and Parishad, which are not required to be performed by them.

The Court ordered, “The direction issued by the authorities requiring the petitioners to perform work contrary to Section 27 of the Right of Children to Free and Compulsory Education Act, 2009, is not liable to be sustained.”  

Section 27 of the RTE Act prohibits the deployment of teachers for works other than for educational purposes.

The Court also referred to Rule 21(3) of the U.P. Right of Children to Free and Compulsory Education Rules, 2011, which restricts posting of a teacher to any office for non-educational purpose, other than decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament.

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