The Bombay High Court stayed the census requirement for employees of unaided private schools

Bombay High Court. File | Photo credit: The Hindu

The Bombay High Court on 22 May 2026 granted interim protection to associations representing over 500 unaided and minority private schools in Maharashtra, staying all notices, appointment orders and enforcement actions such as first information notices issued against their teachers and non-teaching staff for not reporting to the census.

A Division Bench of Gautam Ankhad and Sandesh Patil, hearing Petition (L) No. 15009 of 2026, prima facie held 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 invigilators. The petitioner was 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 noted that section 4A of the Census Act only applies to “local authorities” as defined in the General Clauses Act 1897, a category which does not include private unaided schools. The provisions of Sections 6 and 7 of the Census Act, the Bench noted, consider assistance only in relation to persons physically present on the premises of the institute and do not allow forced requisition of employees.

The court rejected the state’s reliance on Section 27 of the Right to Education Act 2009, saying that this provision is only an exception to the general prohibition on posting teachers for non-educational purposes and does not serve as an independent source of power. While construing Rule 3 of the Census Rules, the Bench applied the rule of ejusdem generis to hold that the expression “Teachers” in Serial No. 5 of the Schedule refers only to teachers employed in Government or aided institutions and not to teachers in unaided private schools.

The interim order specifically related to the appointment orders dated 27th February, 2026 and 4th March, 2026 issued by the Deputy Commissioner and Chief Officer, Pimpri-Chinchwad Municipal Corporation (Exhibits F-1 and F-2 to the petition). The Court also prohibited the Respondents from issuing further notices, taking enforcement measures or initiating criminal prosecutions against the employees of the Petitioners’ schools for failure to fulfill their enumeration duties.

The question whether the State Government has validly delegated its powers of appointment under Section 4(4) of the Census Act to the Commissioners of Municipal Corporations was left for final hearing. The case is listed for final disposal on July 31, 2026.

Published – 26 May 2026 04:44 IST