Frame Solid Policy To Ensure Teachers' Regular Attendance In Rural Schools; Record Their Presence Digitally: Allahabad High Court To UP Govt

A bench of Justice Praveen Kumar Giri emphasized that teaching cannot take place without teachers being physically present in schools. He added that absence of an effective attendance mechanism since independence has severely impacted the constitutional right to education of poor children.

It may be noted that on October 16, the single judge directed the State authorities to frame a 'practical' policy on the ground for monitoring attendance in educational institutions.

That order had highlighted that absenteeism among teachers frustrates the very purpose of the Right of Children to Free and Compulsory Education Act, 2009 and thereby violates Articles 21, 21A and 14 of the Constitution of India.

Now, during the October 30 hearing, the State's Standing Counsel informed the Court that, pursuant to the earlier directions, a meeting was going on under the chairmanship of the Chief Secretary, Government of Uttar Pradesh.

Taking serious note of the absence of any effective ground-level mechanism and in view of technological advancement, the bench opined that attendance must now be recorded digitally.

"…in the era of technology, the attendance of teacher should be recorded at the time prescribed under the Rules and Acts through virtual/elecronic mode", the Court directed.

The single judge further observed that while some leniency could be shown for minor delays, habitual absenteeism must not be tolerated.

"Some relaxation may be granted to the teacher if they are coming late for five to ten minutes due to some reasons and not habitual, but they have to be present in the institution everyday, while the attendance of the teachers should be at 10.00 O' Clock or as the time fixed at the time of prayer".

As for the petitioner (Indra Devi), her counsel submitted that she was ready to upload her signature and attendance through the prescribed electronic system.

Taking note of this, the Court said it might take a lenient view and consider quashing the suspension order of the petitioner if she furnished an undertaking that she would not repeat the lapse and would mark her attendance regularly through the digital mechanism.

For context, Indra Devi, the Head Teacher of a composite institution in Pailani, Banda district had moved the HC challenging her suspension order passed by the District Basic Education Officer, Banda. She also sought quashing of the order and her reinstatement with salary.

The petitioner was allegedly not found present at the school around 1:30 PM during a surprise inspection by the District Magistrate, Banda.

The bench has now listed this matter for further hearing on November 10, 2025, to enable the State respondents to provide specific instructions and measures for ensuring teachers' presence, as it is going on in the other institution/department of the State.