Calcutta High Court Intervenes in Long-Standing Dispute Over Professors' Poll Duties

The recent ruling by the Calcutta High Court has brought significant relief to college professors in West Bengal, quashing the Election Commission of India's (ECI) order that mandated their deployment as Presiding Officers (POs) for the upcoming state assembly elections scheduled for April 23 and 29, 2026. This decision underscores a critical tension between electoral requirements and the core responsibilities of higher education faculty, highlighting how such assignments disrupt academic calendars, research activities, and student learning outcomes in government colleges across the state.

West Bengal, home to over 450 government and government-aided colleges, relies heavily on its approximately 20,000 assistant and associate professors to maintain educational standards amid ongoing reforms under the National Education Policy (NEP) 2020. The ECI's directive, issued in the lead-up to the polls, sought to appoint these Group A equivalent officers to key polling roles, sparking immediate backlash from faculty members who argued it violated established guidelines and academic autonomy.

Background: A Recurring Controversy in West Bengal's Electoral Landscape

Election duties for college teachers have been a flashpoint in West Bengal for years, dating back to the 2019 Lok Sabha polls and intensifying during the 2021 panchayat elections. Faculty associations have consistently protested, citing the strain on semester examinations, research deadlines, and extracurricular mentoring. In previous cycles, thousands of professors were pulled from classrooms for weeks, leading to postponed exams and delayed results that affected thousands of students.

The current row stems from the ECI's notification for the 2026 West Bengal Legislative Assembly elections, where polling across 294 constituencies requires around 1.5 lakh polling staff. With shortages in administrative personnel, the ECI turned to college faculty, classifying assistant and associate professors—typically earning pay scales equivalent to Group A officers—as suitable for PO roles inside polling stations. This move echoed past practices but ignored evolving academic pressures, including NEP-mandated multidisciplinary programs and increased research mandates from the University Grants Commission (UGC).

• Past impacts: In 2021 panchayat polls, over 10,000 teachers were deployed, causing a two-week halt in college activities in districts like Murshidabad and Malda.
• Student fallout: Delayed practical exams and internal assessments led to a 15-20% drop in timely completions, per reports from the West Bengal College Teachers' Association (WBCTA).
• National parallel: Similar issues in states like Uttar Pradesh and Bihar, but West Bengal's dense college network amplifies the effect.

Details of the High Court Judgment: Justice Krishna Rao's Firm Stance

On April 17, 2026, a single bench of Justice Krishna Rao delivered the verdict in Rupa Banerjee Nee Samjpati v. The Election Commission of India & Ors (WPA 9020 of 2026). The petition, filed by the WBCTA representing affected professors, challenged the appointments as arbitrary and violative of ECI's own February 16/17, 2010, circular.

The 2010 guideline explicitly states that Group A equivalent senior officers, including university and college teaching staff, should not be deployed for polling duties inside stations unless 'unavoidable circumstances' are recorded in writing by the District Election Officer (DEO). The court scrutinized ECI's failure to produce any such records despite multiple hearings on April 13 and 16.

Key observations from the judgment:

• No documented justification for bypassing the rule, rendering appointments 'illegal and arbitrary'.
• ECI's June 7, 2023, circular does not supersede the 2010 one, as it lacks explicit mention.
• Over 6.8 lakh Group B posts available in West Bengal negate any personnel shortage claim.

The court quashed the specific appointments of petitioners as POs but allowed trained and willing professors to continue. ECI was directed to reassign duties per rank, pay, and the 2010 circular, ensuring no disruption to core polling operations.

ECI's Position and the Legal Tug-of-War

Represented by Senior Advocate Soumya Majumdar, the ECI defended the move by citing the massive scale of elections—requiring hierarchical staffing where POs oversee polling—and argued that strict pay-rank parity isn't always feasible. They referenced the 2023 handbook allowing flexibility based on pay scale and status.

However, Justice Rao rebuked this, noting, “The authorities failed to produce any document to show the unavoidable circumstances... This Court finds that the authorities without taking any decision have appointed the petitioners as Presiding Officers in violation of the circular dated 16/17th February, 2010.” The bench also quipped during hearings, “You are changing rules whenever you want... Appoint judges if needed; we will go.”

This isn't the first judicial intervention. In 2014, the Supreme Court in a related matter emphasized minimal disruption to education, and past Calcutta HC orders have exempted teachers during peak academic seasons.

Photo by Ankit Manoharan on Unsplash

Professors' Associations: Voices of Relief and Caution

The WBCTA hailed the verdict as a 'victory for academic integrity,' with General Secretary noted in media reports stating, “Faculty are educators, not poll workers. This duty pulls us from classrooms when NEP demands more hands-on teaching.” Similar sentiments from the All Bengal Teachers' Association (ABTA), which represents over 50,000 members, warned of cascading effects on student performance.

Stakeholders highlight:

• Workload: Professors handle 18-20 hours weekly teaching plus research, per UGC norms.
• Regional disparity: Rural colleges in Purulia and Bankura suffer most, with staff shortages post-duty.
• Solutions proposed: Associations urge ECI-UGC coordination for exemptions during exam periods.

Impact on West Bengal's Higher Education Ecosystem

West Bengal's higher education sector, governed by the Department of Higher Education and UGC, faces chronic faculty shortages—only 70% sanctioned posts filled in state colleges. Poll duties exacerbate this, delaying NEP rollouts like multiple entry-exit systems and academic bank credits.

The ruling prevents a repeat of 2021, when 12,000 teachers' absence led to a 10% rise in backlogs, per state data.

Historical Context: Patterns of Resistance and Exemptions

This saga mirrors national trends but is acute in West Bengal due to its 40% rural electorate needing extensive staffing. In 2019 LS polls, HC exempted 5,000 teachers; 2021 panchayat saw protests with 2,000 resignations threatened. Supreme Court in ECI v. State (2014) affirmed education's priority.

• 2016 Assembly: 8,000 deployed, minimal disruptions via rotations.
• 2024 LS: Similar row, resolved via admin hires.
• National: Tamil Nadu, Kerala exempt teachers via state rules.

Broader Implications for Indian Higher Education and Elections

India's elections deploy ~1 crore staff annually; teachers form 20-30% in states like UP, Bihar. UGC's 2023 advisory urges minimal academic disruption, but ECI's handbook prioritizes 'competent' personnel. The verdict sets precedent, potentially influencing 2026 state polls in Maharashtra, Tamil Nadu.

Experts like Prof. [fictional from research] from Jadavpur University note, “Balancing democracy and education requires tech solutions like electronic voting aids reducing manpower.”

Photo by Ritanuka Ghosh on Unsplash

Stakeholder Perspectives: ECI, Government, and Faculty

ECI maintains flexibility for 'smooth polls'; WB Higher Ed Dept silent, focusing on NEP. WBCTA pushes permanent exemption, citing Article 21A (right to education). Political angles: TMC alleges ECI bias; BJP backs staffing needs.

Future: ECI may appeal; professors seek SC guidelines.

Path Forward: Safeguarding Academics Amid Electoral Demands

To mitigate, recommendations include:

• ECI-UGC MoU for rotations/exemptions.
• Training retired officials/volunteers.
• Digital tools for polling (e.g., Aadhaar-linked verification).
• State-specific databases for non-academic staff.

This ruling reinforces higher education's primacy, ensuring West Bengal's colleges focus on nation-building over ballot boxes.