The Bombay High Court has granted interim relief to private unaided and minority schools in Maharashtra by restraining State authorities from compelling their teachers to participate in the ongoing census exercise.

A Division Bench of Justice Gautam A Ankhad and Justice Sandesh D Patil observed that, prima facie, neither the Census Act nor the Census Rules impose any statutory obligation on teachers of such schools to perform census duties.

The interim order came on petitions filed by the Unaided Schools Forum, Independent English Schools, Private Unaided School Management, and members of the International Schools Association, representing over 500 private unaided and minority schools across Maharashtra.

The petitioners had challenged notices, appointment orders and communications issued by census authorities and municipal corporations directing teachers and school staff to undertake census-related work.

Granting relief, the Court stayed the notices and appointment orders issued to teachers for census duty, along with any coercive action against those who failed to comply. The authorities have also been restrained from issuing fresh orders requiring these teachers to participate in the census exercise until the matter is finally heard on July 31, 2026.

The Bench noted that large-scale deployment of teaching staff for census work would adversely affect academic activities and interfere with students’ right to uninterrupted education.

“The material placed on record 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,” the Court observed.

The Court further remarked that the census exercise could be carried out through governmental machinery, local authorities or aided institutions, as contemplated under the statutory framework, and that no irreparable prejudice would be caused if interim protection was granted to the petitioners.

Senior Advocate Venkatesh Dhond, appearing for the petitioners, argued that neither the Census Act nor the Rules framed under it cast any obligation on private unaided or minority schools to make their staff available for census work.

The petitioners also highlighted the scale of deployment, pointing out that at St. John’s School, all 133 teachers had allegedly been appointed as census officers, while at Chatrabhuj Narsee School, 111 out of 144 teachers had been drafted for the exercise. According to the schools, such extensive deployment severely disrupted academic functioning.

Opposing the plea, Government Pleader Anjali Helekar submitted that the census is one of the country’s largest administrative exercises and requires coordinated participation. She also argued that teachers would receive an honorarium in addition to their salaries and noted that many schools were closed for summer vacations.

The State further relied on provisions of the Right of Children to Free and Compulsory Education Act, 2009, which permit deployment of teachers for decennial population census work.

Senior Advocate Rajshekhar Govilkar, appearing for the Director of Census Operations, referred to the Census Rules to contend that teachers, clerks and other persons could be appointed as enumerators.

However, the High Court observed that, prima facie, the statutory framework did not expressly require private unaided and minority institutions to provide staff for census duties.

The Court clarified that the larger issue regarding the State’s power to assign census duties through delegated authorities would be examined at the stage of final hearing.

Case Title: Unaided Schools Forum & Ors v. State of Maharashtra & Ors.