RAJ KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner in public interest seeking a direction to the respondents not to issue any order to the school Management to requisition and surrender their school buses to the District Administration for the purpose of conducting the election proceedings as the same seriously hampers the teaching schedule of the students of the school.

(2.) FORTUNATELY , this question has already been addressed by the Supreme Court in (2008) 2 SCC 390 delivered in the matter of Election Commission of India Vrs. St. Mary School, wherein the learned Judges have observed that utilization of service of school teachers for holding elections should not be permitted and the teaching staff of the school must be put on electoral duties only on Holidays and non -teaching days.

(3.) WE deem it appropriate to dispose of this writ petition by observing that the respondent -authorities should bear in mind the ratio of the decision delivered by Apex Curt referred to hereinbefore and by drawing a reasonable inference from the same, should discourage itself from using the facilities meant for the children on working days, for the purpose of election duty, meaning thereby, that any facility like the school building and use of vehicles including the school buses should not be allowed to be used for the election purpose on a working day as that is bound to hamper the teaching facilities and the school curriculum.