In a writ petition filed before the Bombay High Court by associations representing more than 500 private unaided as well as private unaided minority schools in Maharashtra against notices and communications whereby teachers and staff members were sought to be compulsorily deployed for census duties under the Census Act, 1948 and Census Rules, 1990, a Division Bench of Justice Gautam A. Ankhad and Justice Sandesh D. Patil granted an interim stay on the notices and communications issued by the respondents and restrained them from issuing any further notices or taking any criminal action.
On 16-06-2025, the Ministry of Home Affairs issued a notification under Section 3 of the Census Act, declaring that a population census in India would be conducted. The first phase for house listing and housing census was scheduled to be carried out between April 2026 and September 2026. After said notification, the State began conducting the census, and the member schools received communications calling upon them to furnish details of their teaching and non-teaching staff for appointment as Enumerators and Supervisors.
The petitioners objected to this on the grounds that the provisions did not authorize the deployment of teachers employed in private unaided and minority institutions, as it would seriously prejudice the functioning of the schools. Despite this, several teachers/staff members were unilaterally appointed as enumerators, supervisors, and/or other personnel.
The petitioners asserted that private unaided and private unaided minority schools do not fall within the definition of “local authority” and that they required urgent interim protection since show-cause notices and First Information Reports (FIRs) had been initiated against the teachers as well as staff members of the petitioner’s associations for non-compliance with directions regarding census duties.
The Court found merit in the petitioners’ submission that neither the Census Act nor the Census Rules expressly cast any statutory obligation upon those employed under the association of private unaided and private unaided minority schools to make available their teaching and non-teaching staff for census duties. It was stated that private unaided and private unaided minority schools are not and cannot be brought within the ambit of a “local authority” so as to attract the compulsory obligations under Section 4A of the Census Act.
The Court noted that Sections 6 and 7 of the Census Act also did not confer any authority upon the State to compulsorily requisition the teaching and non-teaching staff of private unaided schools for census duties. Further, the Court stated that merely because unaided schools are included within the definition of ‘school’ under the Right to Education Act, would not ipso facto authorize the State to divert their teaching staff for non-academic statutory functions.
The Court noted the respondents’ reliance on Rule 3 of the Census Rules to contend that ‘Teachers, Clerks, or any official or any person’ may be appointed as Enumerators. However, the Court disagreed with this, stating that the expression ‘teachers’ would have to be construed ejusdem generis as referring to teachers employed in government or aided institutions. The Court found that a substantial number of teaching staff had been requisitioned for census duties and said this would disrupt regular academic activities and impair students’ rights, meaning that interim protection could not be denied.
The Court refused to conclusively examine the absence of authority or jurisdiction of the Charge Officers and Assistant Commissioners concerned and stated that it would consider the issue regarding the delegation of powers by the State Government at the stage of final hearing. Thus, the Court granted an interim stay on the operation and implementation of the notices, communications, etc., and restrained the respondents from taking any steps in relation thereto.
The respondents were also restrained from issuing any further notices, communications, etc., or from compelling teachers or employees of member schools to perform census duties, and were also restrained from taking any criminal action against such teachers and employees. The Court directed the affidavit-in-reply to be filed within four weeks.
The matter is now listed on 31-07-2026 for final disposal.
