Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950: Articles 324(1) (6) and 327- Election Commission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950: Articles 324(1), (6) and 327 - Election Commission utilizing services of teachers of Government Schools for holding elections, revision of polling lists etc. during school timings - Challenge to, on the ground that absence of teachers from school resulted in unfinished course, poor result, high drop out rate and failure to compete in open examination and consequently defeat right to education - Held: Holding of elections is imperative for upholding democracy and democratic values - But for said purpose, education of children cannot be neglected - Necessity to maintain balance between the two - Election Commission directed that teaching staff be put on duties of roll revisions and election works only on holidays and non-teaching days - Election duty - Representation of the People Act, 1951 - ss.21, 22 and 159 - Representation of the People Act, 1950 - Delhi School Education Act, 1973.The writ petitioner-respondent No.1, an unaided school governed by the provisions of the Delhi School Education Act, 1973, filed a writ petition in public interest questioning the action of appellant Election Commission and respondents No.2 to 5 in utilizing the services of teachers of Government Schools for various purposes including polling duties to elections, revision of polling lists, preparation of census lists etc. during school timings. The grievance of the writ petitioner was that absence of teachers from schools for a long time resulted in unfinished courses, high drop out rates, poor results and inability to compete in open examination, such as medicine, engineering etc. or to get admission in professional colleges.The counsel for the parties accepted before High Court that the services of teachers should be utilized for non-teaching purposes only on a day which is not a working day for students. The Election Commission filed the instant appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1241 |
Petitioner | Election Commission Of India |
Respondent | St. Marys School And Ors. |
SCR | [2007] 12 S.C.R. 970 |
Judgement Date | 2007-12-06 |
Case Number | 5659 |
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