Madhya Pradesh High Court: In an appeal against the dismissal of writ petition challenging the circular mandating teachers and students to mark attendance by submitting a JIO Tap Photo on WhatsApp to the Control Room at every school day, a Division Bench of Anand Pathak and Hirdesh, JJ., upheld the validity of the circular and emphasised on the importance of teacher accountability in ensuring quality education, especially in light of practice of proxy teachers. The Court also recognised the privacy concerns of female staff and students and directed the State to devise a secure alternative to WhatsApp-based attendance verification.
In the instant matter, the appellants, who are employed as Primary School Teachers, challenged a circular dated 28-11-2024 issued by the CEO, Jila Panchayat, Vidisha, which mandated that teachers and students mark their attendance daily by submitting a JIO Tap Photo via WhatsApp to the Control Room of the BRC Office and the District Education Center at 10:00 AM and 04:00 PM every school day. The appellants filed a writ petition challenging the circular, but the same was dismissed by the Single Judge, leading to the present appeal.
The appellants contended that the circular contradicts a previously established policy dated 15-11-2019 by the School Education Department of Madhya Pradesh. This policy constituted a School Academy Committee comprising teachers and parents to oversee attendance and overall development. The appellants also raised concerns regarding privacy, particularly for female teachers and girl students, as their photographs could be misused.
However, the State contended that the circular was issued to address the issue of teachers frequently being absent or delegating their duties to proxy teachers. It was stated that the attendance monitoring mechanism ensures accountability and prevents irregularities in the teaching system. It was contended that the initiative aims to uphold the constitutional mandate under Article 21-A, which guarantees the right to education for children between 6-14 years of age.
The Court rejected the appellant’s argument that the 2019 policy and the 2024 circular were conflicting and stated that both could coexist as complementary measures. The Court observed that ensuring teacher attendance is crucial to uphold the Right to Education under Article 21-A of the Constitution of India. The Court stated that the circular is a reasonable administrative measure aimed at curbing absenteeism and ensuring teachers fulfill their duty.
“One more aspect deserves consideration is constitutional protection given to the students studying in the primary schools 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, it is solemn duty of teachers specially working in primary school to ensure imparting of education to the students of this age group to achieve Right to Education of these children.”
The Court emphasised that the State must take immediate steps to eliminate the practice of proxy teachers and initiate strict action against those involved. The Court, however, acknowledged the privacy concerns of female staff and students. application, to ensure attendance while addressing privacy concerns. The Court suggested that the State develop a more secure method, such as a dedicated mobile application (APP) with appropriate safeguards, to prevent misuse of photographs.
“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 directed the State Government to ensure that 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. The Court further stated that if any teachers is found involved in such practice, then suitable civil/service and criminal action shall be ensured against such teachers as well as the person who is imparting teaching on behalf of said appointed teacher.
The Court directed the State Government to devise a more secure mechanism to mark attendance, particularly to protect female teachers and students. Until an alternative solution is implemented, the Court permitted the female teachers to submit photographs of the campus or Principal’s office instead of their own images. The Court imposed cost on the appellants as appellants are male teachers therefore, they are not affected by the privacy issue as projected by the appellants’ counsel.
The Court dismissed the appeal with a cost of Rs.2,500/- imposed on each appellant, payable to the High Court Legal Services Authority within one month.
[Mahesh Kumar Koli v. State of M.P., W.A. No.353/2025, Decided on 14-02-2025]
Advocates who appeared in this case :
Shri K. Kartikey, Counsel for the Appellants
Shri Vivek Khedkar, Additional Advocate General and Senior Advocate with Shri Deependra Singh Kushwaha, Additional Advocate General, Counsel for the Respondent No. 1, 2 and 3
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