[Cites 27, Cited by 0]
Bombay High Court
Unaided Schools Forum vs State Of Maharashtra Thru. Principal ... on 22 May, 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (LODGING) NO.15009 OF 2026
1. Unaided Schools Forum, ]
Khar (W), Mumbai ]
2. Subhash Chandra Kedia, ]
Secretary, Unaided School Forum ]
3. Independent English Schools, ]
Bhosari, Pune ]
4. Shridhar Sainath, ]
Treasurer, Independent English Schools ]
5. Private Unaided School Management, ]
MIDC, Dombivali (E), Mumbai ]
6. Ashok Salve, ]
Joint Secretary, Pvt. Unaided School Management ]
7. Members of International Schools Association, ]
Malad (E), Mumbai ]
8. Varun Shetty, ]
Treasurer, Members of Intl. School Association ] ..Petitioners
Versus
1. State of Maharashtra, ]
Through General Administration Department ]
2. Director of Census Operations, Maharashtra ]
3. Charge Officer and Assistant Commissioner, ]
Municipal Corporation of Greater Mumbai. ]
4. Charge Officer and Assistant Commissioner, ]
Navi Mumbai Municipal Corporation ]
5. Charge Officer and Assistant Commissioner, ]
Nagpur Municipal Corporation ]
6. Charge Officer and Assistant Commissioner, ]
Pune Municipal Corporation ]
7. Charge Officer and Assistant Commissioner, ]
Pimpri-Chinchwad Municipal Corporation ] ..Respondents
1/23
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Mr. Venkatesh Dhond, Senior Advocate, with Mr. Tejas Popat,
Mr. Priyansh R. Jain, Mr. Shamant Satiya and Mr. Sahil Panjwani,
Advocates for the Petitioners.
Smt. Anjali Helekar, Government Pleader, with Smt. Jyoti Chavan,
Additional Government Pleader and Mr. Suraj Gupte, Assistant
Government Pleader for Respondent no.1-State of Maharashtra.
Mr. Rajshekhar Govilkar, Senior Advocate, with Mr. S.K. Halwasia,
Ms. S.S. Halwasia i/b Ms. Sumangala Yadav, Advocates for Respondent
No.2-Director of Census Operations.
Ms. Rupali Adhate with Mr. Pratik Garde, i/b Ms. Komal Punjabi,
Advocates for Respondent No.3-BMC.
Mr. Tejas Dane, Advocate for Respondent No.4-N.M.M.C.
Mr. Rohit Sakhadeo with Mr. Nitesh Rangari, Advocates for Respondent
No.7-P.C.M.C.
Mr. Yogesh Patil, Desk Officer, General Administration Department
(GAD), Mantralaya is present in Court.
Mr. Santosh Payas, Joint Director of Census Operation Office,
Maharashtra State is present in Court.
Dr. Pooja Desai, Charge Officer, R/S Ward, Dr. Ajit Pampatwar, Charge
Officer, PS Ward, Dr. Dhiraj Pagar, Deputy Executive Health Officer are
present in Court.
Mr. Kishor Nikhare, Administrative Officer of Respondent No.4 is
present in Court.
CORAM : GAUTAM A. ANKHAD &
SANDESH D. PATIL, JJ.
DATE : 22ND MAY 2026
[ VACATION COURT ]
Per, Gautam Ankhad, J.
1. Heard. Issue notice to the Respondents, returnable after the
summer vacation.
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2. The Petitioner associations represent more than 500 private
unaided and private unaided minority schools situated in Maharashtra.
The Petitioners are impugning the notices, communications, appointment
orders and actions of the Respondents identified at paragraph 42 of the
Petition, whereby teachers and staff members of the Petitioners' member
schools are sought to be compulsorily deployed for census duties under
the provisions of the Census Act, 1948 ("Census Act") and the Census
Rules, 1990 ("Census Rules").
3. Mr. Dhond, learned senior counsel appearing for the Petitioners,
submits that the Petitioners require urgent interim protection since
coercive steps by way of show cause notices and registration of First
Information Reports have been initiated against teachers and staff
members of the Petitioners' associations for the non-compliance with
directions for census duties.
4. Mr. Dhond submits that on 16th June 2025, the Ministry of Home
Affairs, Government of India issued a Notification under section 3 of the
Census Act declaring that a census of population in India shall be
conducted. The first phase for house listing and housing census is
scheduled to be carried out between April 2026 and September 2026,
during which Enumerators undertake house visits to collect data.
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Pursuant to this notification, Respondent no.1 has begun the exercise of
conducting census in the State of Maharashtra. Thereafter, the member
schools of the Petitioners' associations received communications from
Respondent nos.3 to 7 under sections 4, 4(2), 4(4) and 7 of the Census
Act calling upon them to furnish details of their teaching and non-
teaching staff for appointment as Enumerators and Supervisors. The
Petitioners objected to the said requisition on the ground that the
provisions of the Census Act do not authorize deployment of teachers
employed in private unaided and minority institutions. Such deployment
during academic sessions seriously prejudices the functioning of schools
and adversely affects students' education. Despite this, several
teachers/staff members of the Petitioners' member schools have been
unilaterally appointed as Enumerators, Supervisors and/or other
personnel under the provisions of the Census Act and Census Rules. In
this regard, the appointment orders dated 27 th February 2026 and 4th
March 2026 issued by Respondent No.7, annexed at Exhibits "F-1" and
"F-2" to the Petition are assailed by the Petitioners. Mr. Dhond further
invited our attention to the chart at page 42 of the Petition to demonstrate
the extent of disruption likely to be caused to the functioning of schools
on account of deployment of a substantial portion of the teaching staff
for census duties. The chart is extracted:
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Teachers Appointed Total
School
as Census Officers Teachers
St. Mary's ICSE School,
Koparkhairne
5. Mr. Dhond submits that the Respondents have no power under the
Census Act or the Census Rules to compel the teachers in private
unaided schools to undertake the census duty. The impugned actions
violate the fundamental rights guaranteed under Articles 14, 19(1)(g),
29, and 30(1) of the Constitution of India. Such action amounts to
impermissible interference with the autonomy of the Petitioners' member
schools in matters of its internal administration, deployment of staff and
imparting of education.
6. Mr. Dhond refers to the appointment letters issued by Respondent
nos. 3 to 6 (i.e, the Municipal Corporations-Charge Officers) under
sections 4, 4(2), 4(4), 6, and 7 of the Census Act and submits that the
said Charge Officers have no authority to in turn appoint Census Officers
and thus the impugned notices at Exhibits D-1 to D-4 of the petition are
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illegal. He further submits that the Respondents' reliance on section 4(4)
of the Census Act is misconceived. Section 4(4) of the Census Act
merely empowers the State Government to delegate its authority to
appoint Census Officers, but no material has been placed on record to
demonstrate that such power was delegated by Respondent no.1 in
favour of Respondent nos.3 to 7. Thus the appointment orders, including
the order dated 27th February 2026 issued by the Assistant Commissioner
and Charge Officer, are without authority and jurisdiction.
7. Mr. Dhond submits that the Respondents cannot rely upon sections
4A, 6 and 7 of the Census Act to requisition their employees for census
work. As per section 4A, only a "local authority" is under a statutory
obligation to make available its staff for census duties. Private unaided
and private unaided minority schools do not fall within the definition of
"local authority". It is therefore submitted that the Petitioners have made
out a strong prima facie case for grant of interim reliefs. In support of the
aforesaid submissions, reliance was placed on the following decisions
and interim orders passed by the Coordinate Bench of this Court:
(i) Judgment of the Division Bench of the Gujarat High
Court, dated 5th February 2019, in Registrar General and
Census Commissioner of India v. Life Insurance
Corporation of India Ltd.1
Letters Patent Appeal no.244 of 2019 (High Court of Gujarat)
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(ii) Order dated 8th May 2026 passed in Rucha Shriram
Deshpande & Ors. v. Union of India, Thru. its Secretary,
Department of Home Affairs, New Delhi & Ors.2
(iii) Order dated 10th April 2026 passed in The Sikh Education
Society, Bezon Bagh, Nagpur, Thru. its General Secretary
& Ors. v. Union of India, Thru. its Secretary, Department
of Home Affairs (MHA), New Delhi & Ors.3
(iv) Order dated 30th April 2026 passed in Lokmanya Tilak
Jankalyan Shikshan Sanstha, Laxmi Nagar, Nagpur, Thru.
its President & Ors. v. Union of India, Thru. its Secretary,
Department of Home Affairs (MHA), New Delhi & Ors.4
(v) Order dated 4th May 2026 passed in The Sikh Education
Society, Nagpur, Thru. its General Secretary & Ors. v.
Union of India, Thru. Secretary, Department of Home
Affairs, New Delhi & Ors.5
(vi) Order dated 4th May 2026 passed in CBSE Schools Staff
Welfare Association, Thru. President, Deepali M. Dably
& Ors. v. The Union of India, Thru. Secretary,
Department of Home Affairs, New Delhi & Ors.6
(vii) Gokul Shrirang Mundhe & Ors. v. State of Maharashtra
& Ors.7
8. On the other hand, Ms. Helekar, learned Government Pleader
appearing for Respondent no.1-State opposes the Petition and submits
that the census exercise is one of the largest administrative and statistical
exercises undertaken in the country and requires coordinated
Writ Petition no.4040 of 2026 (Nagpur Bench)
Writ Petition no.3004 of 2026 (Nagpur Bench)
Writ Petition no.3636 of 2026 (Nagpur Bench)
Writ Petition no.3612 of 2026 (Nagpur Bench)
Writ Petition no.3666 of 2026 (Nagpur Bench)
2017 SCC OnLine Bom 10083
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participation of various departments and personnel. The teachers/staff
deployed for census duties would be paid an honorarium in addition to
their regular salaries. Most of the schools are presently closed for
summer vacation and thus there would not be any disruption to academic
activities or prejudice to students.
9. Ms. Helekar further submits that the provisions of the Right of
Children to Free and Compulsory Education Act, 2009 ("RTE Act")
expressly authorizes the State Government to deploy teachers, including
those employed in unaided and minority institutions, for census duties.
Reliance is placed upon the definition of "school" under section 2(n) of
the RTE Act, which includes unaided schools, as well as section 27
which carves out an exception permitting deployment of teachers for
decennial population census, disaster relief duties and elections. It is
urged that there is no restriction under the Census Act limiting the power
of the State Government to requisition teachers. Reliance is also placed
upon sections 4, 6 and 7 of the Census Act to contend that every person
in charge of an educational institution may be required to assist in the
census exercise. Reliance is also placed upon Rules 2(d), 3 and 5(5)(a) of
the Census Rules as well as the Circular no.2 dated 29 th December 2025
issued by the Government of India to contend that teachers can be
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appointed as Enumerators. Ms. Helekar sought to distinguish the five
orders passed by the Coordinate Bench of this Court by stating that the
same are interim orders and do not lay down any binding ratio. As
regards the judgment of the Gujarat High Court in Life Insurance
Corporation Limited, she submits although a Special Leave Petition has
been admitted, no stay is granted. In addition, she submits that the
Petitioner has not shown any judgment which expressly holds that
teachers from unaided institutions are exempted from census activities
and contends that there is no merit in the Petition.
10. Mr. Rajshekhar Govilkar, learned senior counsel appearing for
Respondent no.2-Director of Census Operations also relied upon Rule 3
read with Rule 5(5)(a) of the Census Rules and submits that the statutory
scheme contemplates appointment of the Director of Census Operations
for each State and empowers the Municipal Commissioners, being
Principal Census Officers to appoint Charge Officers and other
personnel. Reliance is placed upon the notification dated 23 rd December
2025 issued by the State Government under section 4(2) of the Census
Act appointing the persons mentioned in Column no.2 of the Schedule
appended thereto as Census Officers. By virtue of section 4(3) of the
Census Act, the written declaration evidencing such appointment
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constitutes conclusive proof thereof. Hence it is submitted that the order
dated 27th February 2026 issued by the Assistant Commissioner and
Charge Officer is in accordance with law.
11. Mr. Govilkar further submits that the Petitioners are attempting to
create an artificial distinction between teachers employed in
Government/ aided schools and those employed in unaided private
schools, as both categories are included within the definition of "school"
under the RTE Act. He submits that section 4(2) of the Census Act read
with Rule 3 of the Census Rules specifically authorizes appointment of
teachers, clerks and other officials as Enumerators. According to him,
when the provisions of the Census Act, Census Rules and section 27 of
the RTE Act are read conjointly, the impugned actions cannot be said to
be without authority of law.
12. Mr. Govilkar lastly submits that the Petitioners have failed to
satisfy the triple test of prima facie case, balance of convenience or
irreparable injury warranting grant of interim protection. On the contrary,
any delay in the census exercise would adversely affect governmental
planning and policy decisions. It is therefore submitted that no interim
reliefs ought to be granted.
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Reasons and findings:
13. Having heard the learned counsel appearing for the parties and
upon perusal of the material placed on record, prima facie, we find merit
in the Petitioners submission that neither the provisions of the Census
Act nor the Census Rules expressly cast any statutory obligation upon
the Petitioners who are employed under association of private unaided
and private unaided minority schools to make available their teaching
and non-teaching staff for census duties.
14. For convenience, the relevant statutory provisions of the Census
Act and RTE Act are reproduced hereunder:
Census Act
"4. Appointment of census staff--
(1) The Central Government may appoint a Census
Commissioner to supervise the taking of the census
throughout the area in which the census is intended to be
taken, and Directors of Census Operations to supervise the
taking of the census within the several States.
(2) The State Government may appoint persons as census-
officers [with such designations as that Government may
deem necessary] to take, or aid in, or supervise the taking of,
the census within any specified local area and such persons,
when so appointed, shall be bound to serve accordingly.
(3) A declaration in writing, signed by any authority authorised
by the State Government in this behalf, that any person has
been duly appointed a census-officer for any local area shall
be conclusive proof of such appointment.
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(4) The State Government may delegate to such authority as it
thinks fit the power of appointing census-officers conferred
by sub-section (2)."
"4A. Staff of every local authority to be made available for taking
census-
Every local authority in a State shall, when so directed by a written
order by the Central Government or by an authority appointed by
that Government in this behalf, make available to any Director of
Census Operations such staff as may be necessary for the
performance of any duties in connection with the taking of census."
"6. Discharge of duties of census-officers in certain cases--
(1) Where the District Magistrate, or such authority as the State
Government may appoint in this behalf, by a written order so
directs--
(a) every officer in command of any body of men belonging
to the naval, military or air forces, or of any vessel or
war, of India,
(b) every person (except a pilot or harbourmaster) having
charge or control of a vessel,
(c) every person in charge of a lunatic asylum, hospital,
workhouse, prison, reformatory or lock-up or of any
public, charitable, religious or educational institution,
(d) every keeper, secretary or manager of any sarai, hotel,
boarding-house, lodging-house, emigration depot or
club,
(e) every manager or officer of a railway or any
commercial or industrial establishment, and
(f) every occupant of immovable property wherein at the
time of the taking of the census persons are living,
shall perform such of the duties of a census-officer in relation
to the persons who at the time of the taking of the census are
under his command or charge, or are inmates of his house, or
are present on or in such immovable property or are
employed under him as may be specified in the order."
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"7. Power to call upon certain persons to give assistance--
The District Magistrate, or such authority as the State Government
may appoint in this behalf for any local area, may, by written order
which shall have effect throughout the extent of his district or of
such local area, as the case may be, call upon--
(a) all owners and occupiers of land, tenure-holders, and
farmers and assignees of land revenue, or their agents,
(b) all members of the district, municipal, panchayat and other
local authorities and officers and servants of such
authorities, and
(c) all officers and members of staff of any factory, firm or
establishment,
to give such assistance as shall be specified in the order towards
the taking of a census of the persons who are, at the time of the
taking of the census, on the lands of such owners, occupiers,
tenure-holders, farmers and assignees, or in the premises of
factories, firms and other establishments, or within the areas for
which such local authorities are established, as the case may be,
and the persons to whom an order under this section is directed
shall be bound to obey it and all, while acting in pursuance of such
order, be deemed to be public servants within the meaning of the
Indian Penal Code (45 of 1860)."
RTE Act
"2(n) "school" means any recognised school imparting elementary
education and includes -
(i) a school established, owned or controlled by the appropriate
Government or a local authority;
(ii) an aided school receiving aid or grants to meet whole or part
of its expenses from the appropriate Government or the local
authority.
(iii) a school belonging to specified category; and
(iv) an unaided school not receiving any kind of aid or grants to
meet its expenses from the appropriate Government or the
local authority."
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"27. Prohibition of deployment of teachers for non-educational
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."
15. Section 4A of the Census Act obligates only a "local authority" to
make available its staff for the purposes of census operations. Though
the expression "local authority" is not defined under the Census Act,
section 3(31) of the General Clauses Act, 1897 defines it to mean "a
Municipal Committee, District Board, Body of Port Commissioners or
other authority legally entitled to, or entrusted by the Government with,
the control or management of a municipal or local fund". The 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 contemplated under section 4A of the Census
Act.
16. We may note that sections 6 and 7 of the Census Act also do not
confer any authority upon the State to compulsorily requisition the
teaching and non-teaching staff of private unaided schools for census
duties. Section 6 merely contemplates limited assistance by specified
categories of persons in relation to individuals who are under their
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charge, supervision or control at the time of the census. This is clear
from the words "persons in charge" of vessels, institutions,
establishments, factories and tenure holders etc for the purpose of
facilitating census operations in relation to persons under their charge,
supervision or control. The expression "every person in charge of ...
educational institution" in section 6(1)(c) cannot be read in isolation or
divorced from the context in which it appears. A holistic reading of
section 6 indicates that the obligation contemplated therein is confined to
facilitating census operations in respect of persons present within such
institution, residing therein or otherwise under the charge or supervision
of such person, pursuant to an order issued under section 6 by the
District Magistrate. The said provision does not confer any power upon
the State to compulsorily requisition the teaching and non-teaching staff
of unaided private schools.
17. Similarly, section 7 of the Census Act does not support the
Respondents' contention. Section 7(b) applies to members and officers of
local authorities. It is not even the Respondents' case that private
unaided schools constitute a "factory", "firm" or "establishment" within
the meaning of section 7(c). Even otherwise, the assistance contemplated
under section 7 is only towards facilitating the census operation in
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relation to persons within such premises and not for compulsory
appointment of employees as Enumerators or Supervisors. In this regard,
it is useful to refer to the decision of Division Bench of the Gujarat High
Court in Life Insurance Corporation of India Limited where J.B.
Pardiwala, J. (as His Lordship then was) held that section 7 of the
Census Act does not empower the authorities to requisition employees of
statutory corporations as Enumerators or Supervisors. The Court
observed that while section 7 enables authorities to seek assistance, it
does not confer power to appoint or requisition employees for census
duties. The relevant observations are extracted below:
13. Section 7(c) of the Census Act empowers the District Magistrate to
call upon all the officers and members of the staff of any factory,
firm or establishment to render assistance towards taking of a
census of the persons, who are, at the time of taking of the census,
in the premises of factories, firms and other establishments, as the
case may be. It is, therefore, evident that under Section 7(c) the
District Magistrate can take assistance of the officers and members
of staff of any establishment towards taking the census of persons,
who are, at the time of taking of census, in the premises of the
establishment only.
....
21. We are of the opinion that the view taken by the learned Single
Judge of this Court is quite reasonable and meaningful. The
conjoint reading of Sections 4 and 7 of the Act would make it clear
that Section 4 of the Act refers to the power of appointment of the
Census Officer, Enumerators, etc. for the purpose of census work
either by or through the Director of Census appointed by the
Central Government or by the State Government which, in turn,
can appoint his own staff for the purpose of such census work. The
learned Single Judge has rightly noted the point of distinction in
this regard. Section 7 of the Act does not empower or confer the
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power, jurisdiction or authority to make any such requisition. All
that Section 7 provides for is the power to seek the assistance and
to call the persons for the assistance. In such circumstances, it
cannot be said that Section 7 refers to any power of the State
Government or Central Government to make an
appointment/requisition of the Census Officer from any
corporation or establishment.
22. It is a settled principle of law that the rules and/or notifications
cannot travel beyond the statute. When the Census Act itself does
not confer any power, jurisdiction or authority to appoint the
employees of the Corporation Supervisors, then the appellants, on
their own, cannot assume Enumerators or such jurisdiction or
power. Section 4 of the Census Act does not empower the Central
Government or the State Government to appoint the employees of
the Corporation as the Enumerators or Supervisors."
18. The interim orders of Co-ordinate Bench of this Court relied upon
by Mr. Dhond also indicate a consistent prima facie view adopted by this
Court as well as other High Courts that teachers employed in unaided
educational institutions cannot be deputed for election or census duties.
19. We are unable to accept Ms. Helekar's argument that section 27 of
the RTE Act, by itself, authorizes deployment of teachers employed in
private unaided or minority schools for census duties. Section 27 merely
carves out exceptions to the general prohibition against deployment of
teachers for non-educational purposes. The said provision cannot be
construed as an independent source of substantive power authorizing
compulsory requisition of teachers in the absence of a specific enabling
provision under the Census Act itself. The reliance placed upon the
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definition of "school" under section 2(n) of the RTE Act also does not
conclusively answer the controversy arising in the present proceedings.
Merely because unaided schools are included within the definition of
"school" under the RTE Act would not ipso facto authorize the State to
divert their teaching staff for non-academic statutory functions. On the
contrary, the RTE Act is a child-centric legislation and its object is to
protect the educational interests of children. The scheme of the RTE Act
itself indicates that where additional duties are intended to be imposed
upon teachers, the same must be supported by statutory rules. Section
24(1)(f) permits teachers to perform "such other duties as may be
prescribed". Section 2(l) defines the expression "prescribed" to mean
"prescribed by rules made under the Act". Further, sections 38(1) read
with 38(2)(m) empower the appropriate Government to frame rules
specifying the duties to be performed by teachers under section 24(1)(f).
No rule framed under section 38 of the RTE Act has been brought to our
notice that authorizes compulsory deployment of teachers employed in
private unaided schools for census duties. Prima facie, therefore, section
27 is not itself a source of power.
20. Ms. Helekar seeks to rely upon the judgment of a Co-ordinate
Bench in Thane Zilla Madhyamik Shikshak Sangh v. State of
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Maharashtra8 wherein this Court held that the work of an Enumerator
for updation of the National Population Register does not fall within the
exceptions contemplated under section 27 of the Act, since such exercise
does not constitute a census. Proceeding on that basis, Ms. Helekar
submits that, as the present matter pertains to census operations, the
exception under section 27 must necessarily be given full effect. The
submission cannot be accepted. It is well settled that a judgment is an
authority for what it actually decides and not for what may be inferred
from it. The aforesaid decision only holds that updation of the National
Population Register is not a census within the meaning of section 27. It
does not lay down any positive proposition that, in every case involving
census operations, private unaided educational institutions are under a
mandatory obligation to place their staff at the disposal of the authorities.
21. Mr. Govilkar relies upon Rule 3 of the Census Rules and in
particular serial no.5 of the Table to contend that "Teachers, Clerks or
any official or any person" may be appointed as Enumerators. For
convenience, Rule 3 is extracted:
"3. Appointment of Census Officers :-
The State Governments and the Union territory Administrations in
order to aid the taking of the census within their States or Union
territories, may appoint officers from against the category
mentioned in column 2 as census officers within their jurisdictions
with such designation mentioned in column 1 of the Table below.
Judgment dated 28th September 2016 in Civil Writ Petition No. 10917 of 2015 and connected matters
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TABLE
Designation Officers to be appointed
Sr.No.
District Collectors / Magistrates /
1. Principal Census Officer Commissioners or Administrative Heads of
Corporations or any nominated Officer.
District / Additional District / District Collectors / Magistrates / Officers
Deputy District / Sub- assisting District Collectors / Magistrates /
2.
Divisional District / City / Commissioner / District Sub-Divisional
Additional City Census Officer Officers or Revenue Divisional Officers
Charge Officer / Assistant Tehsildars / Additional Tehsildars /
Charge Officer / Additional Maklatdars / Block Development Officer /
3.
Charge Officer and Sub- Chief Administrative Officer of towns /
Charge Officer Executive Officers and other Officers.
Officers generally of a rank higher than
4. Supervisor
Enumerators or any person.
Teachers, Clerks or any official or any
5. Enumerator
person."
22. We cannot accept this submission as in our view, this must be read
contextually. The categories of officers specified at serial nos.1 to 4 in
the table appended to Rule 3 are all government or public officers.
Therefore, the expression "teachers" appearing at serial no.5 would,
prima facie, have to be construed ejusdem generis as referring to
teachers employed in Government or aided institutions. If the
Respondents argument is accepted, the expression "any person"
occurring at serial no.5 could extend to private individuals and
independent professionals such as doctors, advocates or chartered
accountants. Such an interpretation would lead to an absurdity and is not
contemplated by the Census Act. It is well settled that subordinate
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legislation cannot travel beyond the scope of the enabling enactment.
Therefore, Rule 3 cannot be interpreted so as to authorize compulsory
deployment of teachers employed in private unaided schools for census
duties. The Respondents' reliance on Rule 5(5)(a), i.e., "The Charge
Officer shall cause the required number of Supervisors and Enumerators
to be appointed within the jurisdiction of his charge" is equally
misconceived. The said provision merely prescribes the duties and
functions of Census Officers and obligates the Charge Officer to ensure
availability of the requisite number of Supervisors and Enumerators. It is
not an independent source of substantive power authorizing compulsory
requisition of private school teachers.
23. The contention of the Respondents that the present exercise is
being undertaken during the summer vacation period also cannot be
accepted as an answer to the Petitioners' grievance. The material placed
on record, including the chart at page 42 of the Petition indicates that
substantial teaching staff attached to several schools have been
requisitioned for census duties. This will disrupt the regular academic
activities and impair the right of students to uninterrupted education.
Hence, interim protection cannot be denied. On the other hand, the
census exercise can always be undertaken through governmental
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machinery, local authorities or aided institutions, which the statutory
framework itself contemplates. Consequently, the balance of
convenience is in favour of the Petitioners and no irreparable prejudice
would be caused to the Respondents if interim protection is granted.
24. At this interim stage and in view of the above, we are not inclined
to conclusively examine the other contention urged by Mr. Dhond
regarding the absence of authority or jurisdiction of the concerned
Charge Officers and Assistant Commissioners to appoint Census Officers
under section 4 of the Census Act. The issue regarding delegation of
powers by the State Government is expressly kept open to be considered
at the stage of final hearing.
25. In the aforesaid circumstances and for the above reasons, the
following interim order is passed:
"(c) Pending the hearing and final disposal of the present Petition, this
Hon'ble Court be pleased to stay the operation and implementation
of the notices, communications, appointment orders and
consequential actions issued by the Respondents, as more
particularly set out in paragraph 42, as well as any other similar
notices, communications or orders issued for requisitioning or
deploying teachers of the Petitioners' member schools for census
duties under the provisions of the Census Act, 1948 and the Census
Rules, 1990 and restrain the Respondents from taking any steps in
furtherance thereof;
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(d) Pending the hearing and final disposal of the present Petition,
restrain the Respondents, their officers, servants and agents from
issuing any further notices, communications or orders compelling
or requiring teachers and/or employees of the Petitioners' member
schools to perform census duties under the provisions of the Census
Act, 1948 and the Census Rules, 1990.
(e) Pending hearing and final disposal of the present Petition, restrain
the Respondents from taking any coercive steps or precipitative
criminal action against teachers/employees of the Petitioners'
member schools for not performing census duties under the
provisions of the Census Act, 1948 and the Census Rules, 1990."
26. Affidavit-in-reply shall be filed within four weeks from today.
Rejoinder, if any, shall be filed within two weeks thereafter. It is clarified
that the observations made herein are prima facie in nature and confined
to consideration of interim relief. List the matter on 31 st July 2026 for
final disposal.
[SANDESH D. PATIL, J.] [GAUTAM A. ANKHAD, J.]
Digitally
signed by
SNEHA
ABHAY DIXIT
DIXIT Date:
2026.05.22
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