IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7493 of 2011 MARWARI COLLEGE TEACHERS ASSOCIATION & ANR . Versus THE STATE OF BIHAR & ORS . ----------- 02. 29.04.2011 Heard learned counsel for the petitioners and for the State Election Commission. The petitioners are stated to be an association of teachers of the Marwari College, Darbhanga aggrieved by assignment of election duty in the Panchayat Election 2011. The legality of assignment for election duty to teachers stands considered by the Supreme Court in 2008 (2) SCC 390 (Election Commission of India Versus Saint Marry School and Others) observing at paragraph-22 and 33 as follows:- “22. The constitutional and statutory scheme would lead to a realistic conclusion when emphasis was laid that it is for the Central Government and the State Governments alone to provide for the requisite staff. How would they do it is one thing. It may be by fresh recruitment for the purposes for which the staff are requisitioned or for deployment or by way of deputation. Indisputably, there are certain functions which may be performed only by the government staff. For the said purposes they may be sent on deputation e.g. Sections 21 and 22 of the 1951 Act provide for the returning Officers and Assistant Returning Officers who must be officers of the Government or of a local authority. Therefore, their services can be requisitioned under clause (6) of the Article 324 of the Constitution of India as also Section 159 of the 1951 Act. The Election Commission or the Regional Commissioner, as the case may be, is also entitled to 2 request for requisitioning the services of the persons in the employment of the Government or the local authority and others who may not be officers of the Government or the local authority. The services of other employees who are not officers may also be requisitioned. Parliament was aware that in an election, requisition of services of the employees of the Central Government or the State Governments may prove to be insufficient and, thus, a direction for appointment of the staff from amongst the officers of the local authority and others has been made. “33. We would, however, notice that the Election Commission before us also categorically stated that as far as possible teachers would be put on electoral roll revision works on holidays, non-teaching days and non-teaching hours; whereas non- teaching staff be put on duty any time. We, therefore, direct that all teaching staff shall be put on the duties of roll revisions and election works on holidays and non- teaching days. Teachers should not ordinarily be put on duty on teaching days and within teaching hours. Non-teaching staff, however, may be put on such duties on any day or at any time, if permissible in law.” The writ petition is disposed off in the aforesaid terms. P.K ( Navin Sinha, J.)