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2025 DAILYLAW 89011 (ALL)

ARCHANA CHAUDHARY v. STATE OF U.P. AND 5 OTHERS

WRIA/12689/2025 · 2025-10-07

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 12689 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Jayant Prakash, learned counsel for petitioner and Sri Santosh Kumar, learned Standing Counsel for State-Respondents. 2. Learned counsel for parties, at the outset, submits that the controversy involved in present writ petition is squarely covered by the judgment passed by this Court in Ritu Singh and others vs. State of U.P. and others, 2025:AHC:176959, which is reproduced hereinafter: "1. Heard Sri Ramesh Singh, learned counsel for petitioners and Sri Dhananjay Singh, learned Standing Counsel for State-Respondents. 2. It is not under much dispute that Teachers can be appointed to undertake duties of Booth Level Officer, however, there is a caveat that such duty may not interfere or disturb their regular duties as Teacher. 3. At this stage, Court also takes note of a judgment passed by a Division Bench of this Court in the case of Nirbhay Singh and others vs. State of U.P. and others (Writ-A No. 26204 of 2021), decided on 11.08.2022, wherein following two questions referred were answered in following manner: QUESTIONS "(1) Whether the provisions of Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 permit the deployment of teachers to do any kind of duties relating to elections before the issue of an election notification relating to a Local Body, a State Assembly or the Parliament under appropriate provisions of the law? Versus Counsel for Petitioner(s) : Girish Chandra Shukla, Utkarsh Malviya Counsel for Respondent(s) : C.S.C. Archana Chaudhary .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) (2) Whether before or after the issue of notifications relating to elections to a Local Body, a State Assembly or the Parliament, can teachers be deployed to any kind of election-related work on teaching days or during teaching hours?" ANSWERS TO QUESTIONS "29. Question No.1 is answered in positive holding that the teachers can be deployed for election duty even before issuance of the notification relating to election to a Local Body, a State Assembly or the Parliament which includes work for revision of electoral roll. Question No.2 is answered in negative holding that the teachers cannot be deployed during teaching days or teaching hours but can be on non- teaching days and non-teaching hours." 4. The aforesaid judgment is binding on State-Respondents, therefore, they have to strictly comply the same and they cannot assign any duty to a Teacher which could be against the answer given in aforesaid judgment, i.e., Teachers shall not be deployed during teaching days or teaching hours. 5. With aforesaid observations, this writ petition is disposed of." 3. In view of above, this writ petition is accordingly disposed of in terms of judgment passed by this Court in Ritu Singh (supra). Petitioner is directed to discharge her duties as Booth Level Officer also, so that her salary be released. October 8, 2025 AK WRIA No. 12689 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad