IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Krishna Rao

WPA 20480 of 2026

Ankan Sarkar & Ors.

Vs.

Union of India & Ors.

For the petitioner : Mr. Subir Sanyal, Sr. Adv.

Mr. Dwarikanath Mukherjee

Mr. Ratul Biswas

Mr. Durlav De

For the State : Mr. Surajit Nath Mitra, Ld. AG

Mr. Lokenath Chatterjee

Mr. Partha Banerjee

Mr. Swarvanu Saha

For the Union of India : Mr. Dhiraj Kumar Trivedi, Ld.ASGI

Mr. Rajendra Kumar Gupta

Mr. Anish Kumar Mukherjee

With

WPA 21277 of 2026

Anup Kumar Sahoo & Ors.

Vs.

Union of India & Ors.

For the petitioner : Mr. Bikash Ranjan Bhattacharyya,

Sr. Adv.

Mr. Firdous Samim

Ms. Gopa Biswas

Ms. Salini Bhattacharjee

Mr. Mainak Ghosal

Mr. Md. Imzamul Islam

Ms. Ayush Majumder

Mr. Rajosik Dutta

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For the State : Mr. Lokenath Chatterjee

Mr. Swarvanu Saha

For the Union of India : Mr. Dhiraj Kumar Trivedi, Ld. ASG

Mr. Sukanta Chakrabarty

Mr. Arijit Mazumdar

With

WPA 21968 of 2026

All Bengal Teachers’ Association & Ors.

Vs.

Union of India & Ors.

With

WPA 21969 of 2026

All Bengal Primay Teachers’ Association & Ors.

Vs.

Union of India & Ors.

For the petitioner : Mr. Bikash Ranjan Bhattacharyya, Sr.

Adv.

Mr. Samim Ahammed

Mr. Arka Maiti

Ms. Gulsanwara Pervin

For the State : Mr. Srijib Chakraborty

Mr. Atreya Chakraborty

For the Union of India : Mr. Dhiraj Kumar Trivedi, Ld.ASGI

Mr. Rajendra Kumar Gupta

Mr. Anish Kumar Mukherjee

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KRISHNA RAO, J.:

1. In all writ applications, the petitioners have challenged the

notification dated August 3, 2026 wherein the Joint Director

of School Education, West Bengal directed the

Chairman/Secretary of the District Primary School Council of

all districts, K.P.S.C. and Siliguri P.S.C. as well as the District

Inspector of Schools (P.E.) that Census work should be done

in such a way that academic activities in the school are not

affected, the teachers may perform Census activities post

class hours or during the weekends.

2. During the pendency of the writ applications, the learned

Advocate General has handed over the Memo No. 1154(46) –

Sc/Apt dated August 19, 2026 issued by the Joint Director of

School Education, West Bengal addressed to the

Chairman/Secretary of the District Primary School Council of

all districts K.P.S.C. and Siliguri P.S.C. as well as the District

Inspector of Schools (P.E.) intimating that the Commissioner

of School Education, West Bengal vide Memo dated August

19, 2026 requested the Senior Special Secretary, Home and

Hill Department, West Bengal to utilize the teachers deployed

Heard on :

11.08.2026, 14.08.2026, 18.08.2026 &

19.08.2026

Judgement on : 21.08.2025

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to Census duty keeping in mind that the academic interest of

the students of the schools are not affected adversely and it

was further requested to follow the instructions of the Census

authority and treat the office Memo No. 708(46)-Sc/P dated

August 3, 2026 as withdrawn.

3. Learned Advocate General by referring the letter dated August

19, 2026 and referring the prayer made by the petitioners in

their respective writ petitions submits that the grievances of

the petitioners have been considered by the authorities and

have withdrawn the impugned memo dated August 3, 2026.

4. Learned counsel appearing for the petitioners submits that

though the respondent authorities have withdrawn the memo

dated August 3, 2026 but it has not been made clear whether

the duty of Census assigned to the teachers has to go for the

Census duty by leaving the classes or whether the teachers

shall continue with their teaching duties without going to the

Census work.

5. Learned counsel appearing for the petitioners have referred

the notification dated May 26, 2026 wherein the State

Government declares that the house listing operation of the

Census of India, 2027 shall take place between August 16,

2026 and September 14, 2026 in the State of West Bengal

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during a period of 30 days with an option for self-enumeration

shall be conducted in 15 days time period between August 1,

2026 and August 15, 2026 just before the start of house to

house listing operation.

6. By referring the said notification, learned counsel appearing

for the petitioners submits that the Census is to be completed

within a period of one month and if the petitioners have been

allotted the work of Census on the other hand, the State

authority will direct the petitioners to continue with their

teaching job in addition to the work allotted to the petitioners

for Census of India, 2027, the petitioners would not be in a

position to complete the said work and to execute the work of

Census.

7. Learned counsel for the petitioners further submits that the

many of the petitioners who are working as a teacher are

residing far away from their place of posting, the school

timing is 10.00 a.m. to 4.00 p.m. and the journey hours of

one side is about one and half to two hours. If the petitioners

are directed to do the Census work after the school time, it is

not possible for the petitioners to do the Census work. It is

the further contention of the petitioners that Saturday is also

working day and only the Sunday is the holiday and it is not

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possible for the petitioners to do the Census work on Sunday

which is the only weekly off of the petitioners.

8. Learned counsel for the petitioners has also placed on record

the schedule fixed by the Charge Officer for Census duty of

some places wherein it reveals that the Census duty starts

from August 16, 2026 from 9.00 a.m. till 4.00 p.m. and if the

Census duty is allotted to the petitioners from 9.00 a.m. to

4.00 p.m., it is not possible for the petitioners to perform their

duty as teachers in their respective schools.

9. The petitioners have also placed on record with regard to the

order issued by the Block Development Officer and Charge

Officer, Census-2027, Sonapur Development Block, South 24

Parganas, dated August 18, 2026 wherein the Charge Officer

by referring Sections 15A and 15B of the Census Act, 1948

has requested all the authorities to instruct the respective

HMs/TICs and Head of the Officers to treat the period during

which the concerned staff perform the Census duties as “ON

DUTY” and extend full cooperation by reliving the deployed

personnel whenever required and ensure that no service

related disability, administrative inconvenience or obstruction

is caused in the discharge of their Census responsibilities.

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10. Learned counsel for the petitioners have also draws attention

of this Court that one of the Charge Officer, Ward no. 108 had

issued the show-cause notice to one of the petitioner for not

attending the Census duty from August 16, 2026. By

referring the said show -cause notice, learned counsel

appearing for the petitioners submits that the petitioners have

filed the present writ applications on August 7, 2026 and this

Court has firstly taken up the matter on August 11, 2026 and

as per the prayer made by the learned counsel for the

respondents, this Court has adjourned the matter till August

14, 2026. On August 14, 2026, the respondents have further

prayed for time to take instruction from the authorities

accordingly, this Court has fixed the maters on August 18,

2026.

11. On August 18, 2026 also the respondents have taken time for

further instruction and today the respondent authorities have

produced the memo dated August 19, 2026 wherein the

authorities have withdrawn the impugned notice dated

August 3, 2026. But in spite of the same knowing that the

petitioners have filed the writ applications and the same are

pending before this Court and the respondents have taken

time for instruction but the Charge Officer had issued show-

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cause notice to the petitioner for not attending the Census

duty.

12. Learned counsel for the respondents has relied upon the

judgment in the case of Election Commission of India vs.

St. Mary’s School & Ors. Reported in (2008) 2 SCC 390

and submits that in the said case the Hon‟ble Supreme Court

has categorically held 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 the duty any time. The Hon‟ble Supreme

Court has directed that all the 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.

13. By referring the said judgment, learned advocate appearing

for the respondent authorities submits that the petitioners

who are working as a teacher can do the Census work after

the school hours and during the holidays.

14. Learned counsel for the respondents further relied upon the

judgment in the case of U.P. Madhyamic Shikshak Sang h

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though its Secretary and another vs. Union of India

though its Secretary, Home, New Delhi and others

reported in 2010 SCC OnLine All 1107 and submits that

the Hon‟ble Division Bench of Allahabad High Court has held

that it cannot be hold and say that the teachers cannot be

taken for the purpose of rendering census work which is

required for national importance, therefore, striking the

balance between the two parts, the first part is the training

and the same can be made within summer vacation of the

year and fixed for three days only and for the final work for

the purpose of completion of census work are concerned, for

the sake of equity, the Central and the State authorities to fix

a programme either preponing the days or otherwise so that

the duties can be discharged by such teachers during

vocational period which is forthcoming or in the periods when

the institutions are closed inclusive of holidays unless they

are compelled to accept their duty in any working day and if

such work are taken in the working days then in that case the

authorities will take into account the strength of the teachers

of the individual institutions so that there should not by any

difficulty in imparting education to the students.

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15. Heard the learned counsel for the respective parties perused

the materials on record.

16. Primarily the petitioners are aggrieved with the impugned

order dated August 3, 2026 wherein the Joint Director of

School Education, West Bengal has directed the school

authorities that; “As directed it is to inform him that Census

work should be done in such a way that academic activities in

the school are not affected. The teacher may perform census

activities post class hours or during the weekends.”

Subsequently, on August 19, 2026 the Joint Director of

School Education, West Bengal has withdrawn the impu gned

notice dated August 3, 2026.

17. The Charge Officer issued orders for appointment of some of

the petitioners as Enumerator for Census 2027 – Houselisting

and Housing Census and City Census Officer issued an order

for deployment of some of the petitioners as Supervisors for

Census 2027 - Houselisting and Housing Census. In the said

orders, there is no mentioning of any timing of Houselising

and Housing Census, 2027

18. Sections 15A and 15B of the Census Act, 1948 reads as

follows:

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“15A. No member of the census staff shall suffer any

disability in service by reason of his being on census

duty and the period spent by him on such census duty

shall be deemed to be the duty under his lending

employer and any duty performed under this Act shall

not in any manner affect the right of promotion or

other advancement in his original service.

15B. No suit, prosecution or other legal proceeding

shall lie against the Census Commissioner or any

Director of Census Operations or any census-officer or

any member of the census staff for anything which is

in good faith done or intended to be done under this

act or the rules made thereunder.”

19. The petitioners have relied upon several memorandums

issued by the several States wherein it is mentioned that

a) all personnel drafted for Census duty (field trainers,

supervisors and enumerators) must be relieved from

their regular office duties to enable them to report to

their respective training centers in their respective

batches,

b) the period of absence shall be treated as „ON DUTY‟

for all purposes.

No separate attendance in the parent department is

required during this period.

Parent departments shall not mark these officials as

absent.

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20. Many Charge Officers have issued orders directing the

concerned authorities including the school authorities to

provide necessary instructions to the respective HMs/TICs

and the Head of the Offices to treat the period during which

the concerned staff performed the Census duty as „ON DUTY‟

and extend full cooperation by relieving the deployed

personnel whenever required and ensure that no service

related disability, administrative convenience or obstruction is

caused in discharge of their Census responsibilities.

21. By a letter dated August 19, 2026, the Joint Director of

School Education requested the School Authorities of West

Bengal to utilize the teachers deployed to Census duty

keeping in mind that the academic interest of the students of

schools are not affected adversely. In the case of St. Mary’s

School (supra), the Hon‟ble Supreme Court held that:

“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

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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.”

22. In the case of U.P. Madhyamic Shikshak Sang h though its

Secretary and another (supra)¸ the Hon‟ble Division Bench

of Allahabad High Court held that:

“As against such view of the Supreme Court, we

can not hold and say that Teachers cannot be taken

for the purpose of rendering census work which is

required for national importance, therefore, striking

the balance between the two parts, we find that the

first part is the training and the same can be made

within summer vacation of the year and fixed for

three days only, we do not find any difficulty for the

Teachers in attending such training. So far as

indexing and final work for the purpose of

completion of census work are concerned, for the

sake of equity, we direct the Central and State

authorities to fix a programme either preponing the

dates or otherwise so that the duties can be

discharged by such Teachers during vocational

period which is forthcoming or in the periods when

the institutions are closed inclusive of holidays

unless they are compelled to accept their duty in

any working day and if such work are taken in the

working days then in that case the authorities will

take into account the strength of the Teachers of the

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individual institutions so that there should not be

any difficulty in imparting education to the

students.”

23. In the present case, as per the notification issued by the

Government of West Bengal, the Census work is to be

completed in between August 16, 2026 to September 14,

2026, i.e., within 30 days. The Census is required to be done

for national interest, nobody can avoid such type of work

irrespective of their imparting education, particularly they are

receiving salary from the public exchequer. This Court wanted

to strike a balance between two contingencies, i.e., one is

imparting education and another is with regard to assistance

in the Census work by the teachers.

24. The intention of the State Government is also that while

deploying the teachers to Census duty, to keep in mind that

the academic interest of the students of schools are not

affected adversely.

25. Considering the facts and circumstances of the present cases,

the writ petitions are disposed of with the following

directions:-

i) The Director of Census Operations and the Charge

Officer, if they intending to take the service of the

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petitioners who are working as a teacher, they shall

specify the date, time and place of the Census work

to be executed by the petitioners to the head of the

institution of the petitioners and if any request is

received by the head of the institution, the head of

the schools shall make necessary arrangements to

allow the petitioners to go for the Census work and

to make necessary alternative arrangements with the

available teachers in their respective schools so that

education of the students shall not be affected.

ii) If the teachers are deputed for Census duty, they

shall be treated as “On Duty” in terms of the Section

15A of the Census Act.

iii) If the Census Authorities/School Authorities depute

any teachers for Census work, no teachers shall

deny to perform their Census work assigned to them.

26. In view of the above, the writ petitions being WPA 20480 of

2026, WPA 21277 of 2026, WPA 21968 of 2026 and WPA

21969 of 2026 stand disposed of.

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27. Urgent Xerox certified copy of this order, if applied for, be

given to the parties upon compliance of all necessary

formalities.

(Krishna Rao, J.)

Sourav Banerjee/

Suvayan Ghosh/

Sudipta Gayen

A.R. (Court)