In a writ petition filed before the Allahabad High Court against an order dated 30-08-2025 by the District Basic Education Officer, Banda, a Single Judge Bench of Justice Praveen Kumar Giri noted the importance of the presence of a teacher in an institution as the teacher’s absence ultimately violated the fundamental right of children studying in that institution and directed the State to provide a robust solution regarding teachers’ attendance.
In the present matter, the petitioner was a head teacher at an upper primary school who was not found at the school during an inspection, and her signature was also absent from the attendance record. The authorities also noted that the petitioner had not applied for leave on the said date.
The Court said that without proper attendance, as well as the staff of the primary institution, the purpose of the Right of Children to Free and Compulsory Education Act, 2009, would be frustrated, and thus, the fundamental right of the children would be violated by the teachers who are not appearing in time to impart education.
On 16-10-2025, the Court directed the State Authorities to formulate a policy on teacher attendance in an institution, as teaching is not possible without a teacher. The State apprised the Court of a meeting that was being held under the chairmanship of the Chief Secretary, Uttar Pradesh.
The Court stated that, after independence, no mechanism existed within the teaching department to ensure teachers’ attendance at the ground level and that if the government had made any measure regarding such attendance, the dispute would not have arisen. It was said that in the era of technology, a teacher’s attendance should be recorded in a virtual/electronic mode.
The Court mentioned that some relaxation regarding the timing may be granted to the teacher, but it should be ensured that they are present in the institution every day, and that the attendance time is either 10 AM or the time of the prayer. Thus, the Court directed the State to come up with a solid solution to ensure the attendance of teachers in an institution where children of poor villagers are studying.
The petitioner gave an undertaking before the Court stating that she will upload her signature and attendance, as recorded by the electronic device, on the prescribed portal and will update her attendance on said portal at the prescribed time in the future, in addition to being present in the institution.
The Court stated that in case the petitioner gave an undertaking stating that she will not repeat such conduct in the future and would use the electronic gadget to upload her attendance, it would take a lenient view and may quash the impugned order while granting pardon to the petitioner, as this was a first instance on her part.
The matter has now been listed on 10-11-2025.
Appearances:
For Petitioner – Mr. Harsh Narayan Singh, Mr. Prabhakar Awasthi
For Respondent(s) – C.S.C, Mr. Rajesh Khare
