HC ASKS ELECTION COMMISSION TO RE-ISSUE NOTIFICATION....Teachers off poll duty on school days

TT, Calcutta: The Calcutta High Court on Friday issued an order restraining the Election Commission of India from giving effect to its August 20 notification saying Bengal government employees, including teachers of state-aided schools, would have to be appointed for summary revision of electoral rolls in the state.

The order is significant because thousands of schoolteachers have already been appointed by the commission for the summary revision of the electoral rolls ahead of the crucial Lok Sabha elections next year. The commission has been appointing schoolteachers ­ mainly primary schoolteachers ­ from government schools for years.

The summary revision began on September 1 and will continue till October 31.

Following the notification, the schoolteachers, particularly those of primary schools, were asked to join roll revision duties between 11am and 4pm on weekdays and between 11am and 5pm on holidays during the period.

Challenging the validity of the notification, Sutandra Haldar, a teacher of South Alipur Primary School, had moved a petition before the Calcutta High Court in the last week of August. A number of teachers from various schools in Bengal had become party to the case to support Haldar's petition.

The case came up for hearing in early September and after seven consecutive hearings, Justice Tapabrata Chakrabarty delivered his ruling on Friday.

"For the sake of education of the school students, the teachers cannot be engaged in other duties while the schools are on. The court is setting aside the August 20 notification, giving the ECI liberty to issue a fresh notification sparing teachers from performing poll duty on school days," said Justice Chakrabarty in his order.

Moving the petition on behalf of the teachers, advocate Firdaus Shamim had argued during hearings that the August 20 notification was illegal as it curbed the fundamental right of the students.

"Education is a fundamental right according to the Constitution. Through this notification, the ECI has curbed the fundamental right of the students. So the court should not allow the ECI to give effect to the noti- fication," Shamim had argued before the court.

"If the ECI is allowed to proceed with its decision to engage schoolteachers in poll related duty on working days, the students will suffer. For the sake of polls, the right of the students cannot be curbed," he had added.

The lawyer had also claimed that in a ruling, the Supreme Court had already issued an order restraining the ECI from acquiring schools for poll duty on working days.

Bengal chief electoral officer Aariz Aftab did not respond to calls to his cellphone from this newspaper.