IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 1390 of 2009 1 Mumtaz Ahmad, son of late Nisar Ahmad, resident of Mohalla – Tilak Maidan Road, P S, Town & District – Muzaffarpur, at present posted and working as Assistant Teacher in Urdu Middle School, Makhdumia in the town of Muzaffarpur 2 Rizwan Haidar, son of Abdul Moghni, Resident of village – Adheri, P S – Katra, District – Muzaffarpur, at present posted and working as Assistant Teacher, Urdu Middle School, Madhdurmia in the town of Muzaffarpur 3 Md Hashim, son of Md Suleman, resident of Naya Tola, P S – Maniari, District – Muzaffarpur, present posted and working as an Assistant Teacher, Urdu Middle School, Mithanpura in the town of Muzaffarpur 4 Md Shohrab, son of Md Suleman, resident of Mohalla – Islampur Lakshmi Narayan Road, P S, Town & District – Muzaffarpur, present posted and working as an Assistant Teacher in Urdu Middle School, Makhdumia in the town of Muzaffarpur 5 Anees Fatma, daughter of late Md Maswood Alam, resident of Mohalla – Hai Saheb Ki Kothi, Chandwara, P S, Town and District – Muzaffarpur, presently posted and working as an Assistant Teacher in Urdu Girls Middle School, Chandwara Mokarri in the town of Muzaffarpur 6 Md Fakhruddin, son of late Abdus Sattar, resident of village – Shahpur Junaid, P S – Sakra, District – Muzaffarpur, at present posted and working as an Assistant Teacher, Middle Gokhlepuri Tilak Maidan in the town of Muzaffarpur 7 Shahid Mujtaba, son of Hasan Mujtaba, resident of village – Dadar, P S – Ahiyapur, District – Muzaffarpur, at presently posted and working as an Assistant Teacher in Girls Middle School, Pakki Sarain in the town of Muzaffarpur 8 Md Shahid, son of Md Fakhrul Hasan, resident of Mohalla – Sadpura, P S – Kazi Mohammadpur, District – Muzaffarpur, present posted and working as an Assistant Teacher in Urdu Middle School, Makhdumia in the town of Muzaffarpur 9 Usha Sinha, wife of Uma Shankar Prasad, resident of Mohalla – Chandwara Hal Saheb Ki Kothi, P S, Town and District - Muzaffarpur, presently posted and working as an Assistant Teacher in Primary School, BMP Compound in the town of Muzaffarpur 10 Izharul Haque, son of late Habibur Rahman, resident of village – Kokilbara, P S – Aurai, District – Muzaffarpur, presently posted and working as an Assistant Teacher in Urdu Primary School, Mominpur, P S – Mushari, District – Muzaffarpur 11 Md Quamruzzaman, son of late Babujan, resident of Mohalla – Chandwara Nawaab Kothi, Papasukal Chawk, P S, Town and District – Muzaffarpur, present posted and working as an Assistant Teacher in Urdu Primary School, Sarai Sayed Ali, P S, Town and District – Muzaffarpur -Petitioners Versus 2 1 The State of Bihar through Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 2 The District Magistrate, Muzaffarpur 3 The Block Development Officer –cum- Assistant Election Registration Officer, Musahari, District – Muzaffarpur 4 The Sub Divisional Officer –cum- Electoral Registration Officer, Muzaffarpur East 5 The Chief Election Commissioner, Bihar, Patna -Respondents ----------- 5 21.06.2010 The petitioners are Primary School Teachers and challenge the orders of the Subdivisional Officer, Muzaffarpur by which they have been directed to act as officials for correction of voters’ list as Booth Level Officers. The consequence thereof is that the Schools are shut down and these Teachers are to take up non-teaching work for considerably long period. The learned counsel for the State does not object to the submission of the petitioners that even the State Government has ordered that on working days, teaching staff should not be disturbed. If the Court understands the submission correctly then the Teachers would be required to work seven days a week right through which is impermissible and inhuman. In that view of the matter, the impugned orders of the Subdivisional Officer, Muzaffarpur cannot be sustained. The School Teachers cannot be recruited in such a manner for such a work. I may clarify that had it been a work of one day or two days, the matter would have been different but revision of entire voters’ list of a Constituency is a considerable work involving considerable time and the same cannot be given to the School Teachers because that would disturb the academics as well. 3 The writ petition is, thus, allowed. The orders are quashed. Consequently, any action taken against any Teacher for defying the orders of the Subdivisional Officer cannot be sustained and is, accordingly, set aside. M.E.H./ (Navaniti Prasad Singh)