Male Teacher's Privacy Not Affected In Sending His Photo As Attendance Proof, Solution Needed To Protect Female Teachers: Madhya Pradesh HC

The Court further observed, “…so far as ensuring presence of the teachers by the respondents/ department is concerned, it has no element of arbitrariness or illegality…So far as privacy of female teachers is concerned, this is a cause which deserves attention and ratification. It is true that possibility cannot be ruled out that regular photographs sent by the female staff and girl students on the Whatsapp as discussed above may be misused by miscreants, therefore, this aspect deserves to be re-looked by the respondents/ Department. Just as a food for thought, this Court expect from the respondents/Department especially the Department of Information and Technology, Government of M.P. (MAP-IT) that it would come out with a tangible solution by way of creating an 'APP' or amending the already existing 'APP' so that privacy of the female staff and girl students can be protected and at the same time, attendance of the teachers whether male or female must be ensured so that they would regularly appear in the school and impart education to the students.”

The high court also directed the state government to ensure that "practice of proxy teachers" is stopped immediately so that teachers stick to their work and do not commit any mischief.

Background

The court was hearing an appeal filed against the order passed of a Single Judge which dismissed the writ petition of the appellants on the ground that every employer has the right to manage his workforce for effective and smooth functioning of the Institution during working hours.

As per the factual matrix of the case, the two petitioners/appellants are male Primary School Teachers who are aggrieved by the November 28, 2024 Circular issued by CEO, Jila Panchayat, Vidisha for ensuring presence of teachers and students in the Primary School/High School/Higher Secondary School falling in the district.

To ensure the presence of teachers and students, the circular makes it mandatory for every teacher to mark his/her presence at 10:00 am and to remain present till 04:00 pm in the school. As per the circular, at 10:00 am when teachers/students join the school, he/she will have to submit JIO Tap Photo on Whatsapp in Control Room of BRC Office and District Education Center.

The counsel for appellants submitted that the circular is contrary to the scheme framed by School Education Department Government of M.P. vide policy dated November 15, 2019. By way of said policy, one School Academy Committee has been constituted, in which teachers and parents of the students are members and they ensure attendance of the teachers and students in the school as well as overall development and training of the teachers and other co-curricular activities for holistic development of teachers and students.

It was further submitted that issue of privacy of female teacher staff as well as girl students is also worth consideration because if female teaching staff has to send their photographs uploaded on WhatsApp then possibility of misuse of those photographs cannot be ruled out.

On the contrary, the counsel for Respondent-State submitted that this mechanism was devised since it was being observed that teachers were not regularly visiting the school premises for imparting education to the students. Sometimes, they remained absent without disclosing to the higher authorities and in some instances teachers after appointment delegate their job to some other persons on part payment basis. Therefore, the mechanism adopted was to ensure attendance of the teachers so that they can impart education to the students in proper manner.

Findings

Teachers at times don't come to school, furnish attendance; are over burdened

The court after perusal of the circular dated 28.11.2024 inferred that the CEO Jila Panchayat, Vidisha is cognizant of the fact that the teachers at times, do not come to the school to impart education to the students and at times, they do not furnish correct information regarding their attendance.

“Indeed, they are over burdened with their work like election duties, census and health related surveys etc., but their main/ basic job is to impart education to the students, therefore, if their attendance is tried to be ensured by the respondents/ department by way of technology as referred in the circular dated 28/11/2024, then it ought to be a welcome step rather than a point of adjudication.”, the Court said.

The Court also emphasized on constitutional protection given to the students by way of Article 21-A of the Constitution of India (Right to Education) by which it is the duty of the State that it shall provide free and compulsory education to all the children of the age of six to fourteen years in such manner as the State may, by law, determine.

“Therefore, if attendance of the teachers is not ensured by the respondents and if proxy teachers are continued to work on behalf of regular appointed teachers, then it would be a mockery of the education and defeat of constitutional provisions.”, the Court observed.

Proxy teacher practice to be curbed immediately

Further, with regard to the issue of proxy teachers, the Court directed the State to ensure that such practice of proxy teachers be stopped immediately "so that teachers who are appointed to impart education to students would stick to their work only, rather than doing any mischief".

In case, any teacher is found involved in such practice then suitable civil/service and criminal action shall be taken against both the persons i.e. the appointed teacher and the proxy teacher.

The Court said that it expects the State Government to look into the matter regarding marking of attendance in right earnest and come out with a "tangible solution" in that behalf and till a solution is evolved, female teacher would be permitted to send photographs of the Campus or Office of the Principal treating it to be attendance.

The court concluded that the appeal appeared to be 'misconceived', dismissed it and imposed a cost of Rs. 2,500 each to be paid by both the appellants in the High Court Legal Services Authority within one month.

Case Title: Mahesh Kumar Koli and Another Vs. State of Madhya Pradesh and Others, WRIT APPEAL NO. 353/2025

Citation: 2025 LiveLaw (MP) 47