Tamil Nadu Primary School Teachers Federation, Chennai v. Home Secretary, Government of India, New Delhi
2016-02-08
C.T.SELVAM, S.MANIKUMAR
body2016
DigiLaw.ai
JUDGMENT : C.T. SELVAM, J. 1. The petitioner is the General Secretary of Tamil Nadu Primary School Teachers Federation. He has prayed for a writ of mandamus to forbear the Respondents from taking the service of the Elementary Teachers of the Directorate of Elementary Education for the work of updating of National Population Register (NPR) & Seeding of Aadhar Number in the NPR database. 2. Heard Mr. T. Lajapathi Roy, learned counsel for the petitioner, Mr. G.R. Swaminathan, learned Assistant Solicitor General of India for respondents 1 and 2 and Mr. V.R. Shanmuganathan, learned Special Government Pleader for respondents 3 to 6. 3. It is the contention of learned counsel for the petitioner that the members of the petitioner Federation, namely, Primary School Teachers are being required to update the National Population Register (NPR) and effect, seeding of Aadhaar numbers in the NPR database, an exercise presently on. Learned counsel submitted that census is to be conducted on a decennial basis. The prior census has been conducted in the year 2011. The next exercise should be only of the year 2021. The members of the petitioner Federation are being required to enter Aadhaar Card details in the course of the exercise. Doing so, runs contra the decision of the Hon'ble Supreme Court in Writ Petition (Civil) No. 494 of 2012 dated 11.08.2015, which has informed that holding of Aadhaar Card cannot be mandatory. Hon'ble Supreme Court has further directed that wide publication of such position is to be caused by Union of India. Learned counsel further submitted that the requirement placed on the members of the petitioner Federation violates Section 27 of the Right of Children to Free and Compulsory Education Act, 2009. 4. Learned counsel has also contended that amongst the various categories of teachers, primary school teachers were repeatedly being used and the same is suggestive of primary education being not important. The further contention is that the teachers are required to undertake the exercise during school hours, which would be detrimental to the welfare of the students. 5. Learned Assistant Solicitor General contended that the contention of census updation being a decennial exercise, is a misconception as the updating of records thereregards, is a continuous process.
The further contention is that the teachers are required to undertake the exercise during school hours, which would be detrimental to the welfare of the students. 5. Learned Assistant Solicitor General contended that the contention of census updation being a decennial exercise, is a misconception as the updating of records thereregards, is a continuous process. Learned Assistant Solicitor General and learned Special Public Prosecutor are uniform in informing that the primary school teachers are being required to carry out the work allotted to them only during holidays and after working hours on other days. Learned Assistant Solicitor General would add that the teachers are also paid honorarium for the work done by them. 6. In response and referring to the letter of the Tahsildar, Musiri in Na.Ka.A.6/353/2016 dated 25.01.2016, learned counsel for the petitioner contends that the same reveals that the teachers are required to take up the work during school hours. 7. We have considered the rival submissions. 8. Section 27 of the Right to Children to Free and Compulsory Education Act, 2009 reads as follows: “27. Prohibition of deployment of teachers for non-education purposes:- No teacher shall be deployed for any non-educational purposes other than the decennial population census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament, as the case may be.” 9. As rightly contended by the learned Assistant Solicitor General, the conduct of fresh census is to be done once in every 10 years. National Population Register (NPR) stems out of such exercise. Updating thereof, necessarily would have to be a continuous exercise. The updating of NPR is to be seen as a part of the census exercise that of and causing entry of Aadhaar numbers an incidence thereof. 10. We would accept the contention of learned Assistant solicitor General that communication of Tahsildhar, Musiri dated 25.01.2016, requiring the primary school teachers to carry out the work of updating of National Population Register (NPR) and seeding of Aadhaar number in the NPR database during the school hours should be seen as a mistake. We record the submissions of learned Assistant Solicitor General that members of the petitioner Federation would not be required to carry out the work during school hours. 11.
We record the submissions of learned Assistant Solicitor General that members of the petitioner Federation would not be required to carry out the work during school hours. 11. Accordingly, this Writ Petition is disposed of with the observation that the members of the petitioner federation shall not be required to carry out the work entrusted to them during school hours. No costs. Consequently, connected Miscellaneous Petition stands closed.