Bombay High Court stays census duty requisition for private unaided school staff

The Bombay High Court connected May 22, 2026 granted interim extortion to associations representing implicit 500 backstage unaided and number schools successful Maharashtra, staying each notices, assignment orders, and coercive steps specified arsenic First Information Reports issued against their teaching and non-teaching unit for failing to study for census duties.

A Division Bench of Justices Gautam Ankhad and Sandesh Patil, proceeding Writ Petition (L) No. 15009 of 2026, held prima facie that the Census Act, 1948 and the Census Rules, 1990 bash not enforce immoderate statutory work connected backstage unaided schools to supply their unit arsenic Enumerators oregon Supervisors. The petitioners were represented by Mr. Venkatesh Dhond, Senior Advocate, on with Mr. Tejas Popat, Mr. Priyansh R. Jain, Mr. Shamant Satiya and Mr. Sahil Panjwani, Advocates.

The Court observed that Section 4A of the Census Act applies lone to “local authorities” arsenic defined successful the General Clauses Act, 1897, a class that does not see backstage unaided schools. Sections 6 and 7 of the Census Act, the Bench noted, contemplate assistance lone successful respect of persons physically contiguous connected the premises of an institution, and bash not authorise compulsory requisition of employees.

The Court rejected the State’s reliance connected Section 27 of the Right to Education Act, 2009, stating that the proviso is simply an objection to the wide prohibition connected deploying teachers for non-educational purposes and does not service arsenic an autarkic root of power. Interpreting Rule 3 of the Census Rules, the Bench applied the ejusdem generis regularisation to clasp that the word “Teachers” successful Serial No. 5 of the Table refers lone to teachers employed successful Government oregon aided institutions, and not to those successful backstage unaided schools.

The interim bid specifically stayed assignment orders dated February 27, 2026, and March 4, 2026, issued by the Assistant Commissioner and Charge Officer of the Pimpri-Chinchwad Municipal Corporation (Exhibits F-1 and F-2 to the petition). The Court besides restrained the Respondents from issuing further notices, taking coercive steps, oregon initiating transgression enactment against the unit of the petitioner schools for non-compliance with census duties.

The question of whether the State Government validly delegated its powers of assignment nether Section 4(4) of the Census Act to Charge Officers of Municipal Corporations has been kept unfastened for last hearing. The substance is listed for last disposal connected July 31, 2026.