Section 4A Census Act | Private Unaided Schools Not 'Local Authority', Teachers Cannot Be Requisitioned For Census Duty: Punjab & Haryana High Court Grants Interim Stay

"In the meantime, operation of the communications dated 01.09.2026 (Annexure P-6) and 07.09.2026 (Annexure P-7), qua private unaided schools, shall remain stayed." Punjab and Haryana High Court, in a significant order passed on October 8, 2026, stayed the operation of state communications requisitioning the teaching staff of private unaided schools for Census duty.

A single-judge bench of Justice Harpreet Singh Brar intervened after prima facie considering that private educational institutions and their employees do not fall within the statutory ambit of a "local authority" under Section 4A of the Census Act, 1948, and consequently, administrative directives cannot compel private teachers to undertake non-teaching field duties without statutory sanction.

The petitioner, Haryana Progressive Schools Conference, had previously approached the High Court challenging the deployment of private school teachers for Census work, which was withdrawn with liberty to re-approach upon fresh requisition. The present writ petition was prompted by subsequent communications dated September 1, 2026, and September 7, 2026, issued by the authorities calling for details of teachers in private schools for deployment in Census 2027.

The primary legal question before the High Court was whether the State possesses statutory authority under Section 4A of the Census Act, 1948, to compel teachers of private unaided schools to perform Census duty. The court was also called upon to consider whether requisitioning private teaching staff for non-teaching work infringes institutional autonomy and constitutional guarantees under Articles 14 and 19(1)(g) of the Constitution of India.

Private Unaided Schools Fall Outside Scope Of Local Authority Under Section 4A

The petitioner contended before the bench that the respondents possess no statutory authority under the Census Act, 1948, or the Rules framed thereunder to requisition private unaided school staff as Enumerators or Supervisors. The court noted the core legal submission that Section 4A of the Census Act specifically contemplates making available the officers and staff of a "local authority" for census-related functions, an expression that cannot be stretched to cover private unaided schools.

It was emphasized that administrative instructions cannot impermissibly enlarge statutory enactments to drag private entities into mandatory civic enumeration tasks. The petition asserted that executive communications seeking details of private teachers for Census 2027 deployment were wholly without jurisdiction and authority of law.

Administrative Requisition Infringes Institutional Autonomy And Constitutional Guarantees

The High Court considered the plea that compelling private school staff to undertake duties completely disconnected from teaching constitutes an unlawful interference with institutional governance. Such requisitioning directly impinges upon the petitioner's fundamental rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of India, which safeguard the autonomous functioning of private unaided institutions.

To reinforce this legal proposition, the petitioner drew strong support from the eleven-judge Constitution Bench decision of the Supreme Court in T.M.A. Pai Foundation and others v. State of Karnataka and others, (2002) 8 SCC 481. Particular reference was made to paragraph 54 of the judgment, which recognizes that private unaided educational institutions enjoy an inherent sphere of operational autonomy in managing their internal affairs and personnel.

Absence Of Statutory Backing Makes Deployment Legally Unsustainable

The court recorded the argument that regulatory mechanisms cannot transgress the institutional autonomy established under the law. In the absence of an explicit legislative provision authorizing the state machinery to commandeer private staff, compulsory deployment of teachers for tasks unconnected with education remains impermissible.

Finding merit in the petitioner's prima facie challenge against the jurisdiction of the executive orders, the High Court issued notice of motion to the State and granted urgent interim protection staying the impugned directives.

High Court Directs State To File Response While Freezing Directives

Justice Harpreet Singh Brar issued notice of motion returnable on April 29, 2027, and recorded the appearance of the Additional Advocate General on behalf of the respondent State. The court directed the State to file its response in the Registry at least seven days prior to the next scheduled date of hearing, with advance copies supplied to the opposing counsel.

Granting interim relief to private educational institutions, the bench ordered that the operation of the impugned requisition communications dated September 1, 2026, and September 7, 2026, shall remain stayed insofar as they pertain to private unaided schools.

The interim order provides significant relief to private unaided educational institutions by reinforcing that statutory requisition powers under the Census Act cannot be arbitrarily expanded through executive circulars to draft private school teachers for non-teaching state duties.

Date of Decision: 08 October 2026