‘No Law Lets You Requisition Our Teachers’: Haryana Private Schools Take Census Duty Fight to HC
Census 2027 Haryana school teachers: HPSC says the Census Act gives no power to requisition staff of private unaided schools. The High Court has stayed two Rohtak letters seeking teachers’ details, with the next hearing in April 2027.
North Desk Correspondent
Chandigarh, October 10
The Punjab and Haryana High Court has stayed two Rohtak district letters, as far as they concern private unaided schools. The letters sought updated details of teachers for Census 2027.
Justice Harpreet Singh Brar passed the interim order this week, filed by the Haryana Progressive Schools Conference (HPSC) against the Union of India and others. Notice of motion is returnable on April 29, 2027, and the State’s counsel sought time to file a reply.
The order records the petitioner’s contentions and does not record any finding on them. The stay covers the communications dated September 1 and September 7, 2026 “qua private unaided schools”.
What the letters asked for
One of these letters is from the Tehsildar, Rohtak, to the DEO, DEEO and BEO Rohtak. It seeks updated details of all teachers in government and private schools for “the work of Census-2027”. The prescribed Excel format asks for name, post, school, address, mobile, email, category (government/private), age and “Medical condition, if any”. It is marked urgent and time-bound. The DEO’s endorsement of the same date asks BEOs to send the lists within two days.
The second is the DEO’s follow-up. It says no block had replied and sets a 2 PM deadline that day, warning BEOs they would be “responsible” for any delay. A BEO email of 08.09.2026 forwarded both letters to government and private schools across Rohtak, including HPSC’s.
The petitioner’s case
HPSC represented by advocate Rohit Sud says its schools have no statutory duty to supply teachers. Its main argument is that Section 4A of the Census Act covers only the staff of a “local authority”, which private unaided schools are not. The petition also cites Section 159 of the Representation of the People Act, 1951 and Articles 14, 19(1)(g), 29 and 30(1). In court it relied on T.M.A. Pai Foundation on institutional autonomy.
The petition says HPSC has 400 schools and 16,000 teachers, and that about 90 per cent of its women teachers are married with family responsibilities. These are HPSC’s claims. It seeks quashing of P-6 and P-7, a stay, and a direction that respondents seek the court’s permission before acting further.
Census 2027 Haryana school teachers: What officials had earlier said
On 03.03.2026 the City Magistrate-cum-Nodal Officer, Gurugram, asked HPSC for staff lists for Phase 1, scheduled for 1 to 30 May 2026. HPSC objected on 17.03.2026. The reply of 18.03.2026 says Section 4A “supplements” the wider appointment powers under Section 4, cites the Census Rules, 1990, and calls census duty a statutory obligation. It adds that HPSC’s concerns would be kept in view while finalising deployment. HPSC describes this reply as “mechanical”.
The earlier round
When HPSC first went to the High Court, the state sought time in May this year.
Justice Tribhuvan Dahiya’s order recorded it was “not disputed” that HPSC’s staff details were given and its staff took part in Phase 1. The respondents referred to a January notification saying operations would run 1 to 30 May 2026, and that any second phase would need a fresh notification by the Registrar General of India, who was not a party. The petition was withdrawn with liberty to refile if schools were called again. HPSC says the September letters triggered this fresh petition.
Other High Courts
On 21.05.2026 the Allahabad HC (Justice Siddharth Nandan) prima facie found that staff of private institutions, aided or unaided, do not fall within “local authorities”. It kept the impugned orders in abeyance until further orders. On 22.05.2026 the Bombay HC stayed deployment of teachers of private unaided schools, saying its observations were prima facie and limited to interim relief. Maharashtra had argued that honorarium is paid and schools were on vacation. The petitioners there told the court of show-cause notices and FIRs against teachers.
Census papers
The MHA/DCO Haryana circular of 29.12.2025 provides for Phase 1 (April to September 2026) and Phase 2 population enumeration (February 2027). It sets enumerator and supervisor honorarium at Rs 9,000 for Phase 1 and Rs 16,000 for Phase 2, Rs 25,000 in all, with no TA/DA and use of their own mobile phones. In July the state notified a population enumeration pre-test in sample areas, to run from July 6 to 18.
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