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

The Bombay High Court on May 22, 2026 granted interim protection to associations representing over 500 private unaided and minority schools in Maharashtra, staying all notices, appointment orders, and coercive steps such as First Information Reports issued against their teaching and non-teaching staff for failing to report for census duties.

A Division Bench of Justices Gautam Ankhad and Sandesh Patil, hearing Writ Petition (L) No. 15009 of 2026, held prima facie that the Census Act, 1948 and the Census Rules, 1990 do not impose any statutory obligation on private unaided schools to provide their staff as Enumerators or Supervisors. The petitioners were represented by Mr. Venkatesh Dhond, Senior Advocate, along 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 only to “local authorities” as defined in the General Clauses Act, 1897, a category that does not include private unaided schools. Sections 6 and 7 of the Census Act, the Bench noted, contemplate assistance only in respect of persons physically present on the premises of an institution, and do not authorise compulsory requisition of employees.

The Court rejected the State’s reliance on Section 27 of the Right to Education Act, 2009, stating that the provision is merely an exception to the general prohibition on deploying teachers for non-educational purposes and does not serve as an independent source of power. Interpreting Rule 3 of the Census Rules, the Bench applied the ejusdem generis rule to hold that the term “Teachers” in Serial No. 5 of the Table refers only to teachers employed in Government or aided institutions, and not to those in private unaided schools.

The interim order specifically stayed appointment 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 also restrained the Respondents from issuing further notices, taking coercive steps, or initiating criminal action against the staff of the petitioner schools for non-compliance with census duties.

The question of whether the State Government validly delegated its powers of appointment under Section 4(4) of the Census Act to Charge Officers of Municipal Corporations has been kept open for final hearing. The matter is listed for final disposal on July 31, 2026.