Introduction:

In the case of Mahesh Kumar Koli and Another vs. State of Madhya Pradesh and Others (Writ Appeal No. 353/2025), the Madhya Pradesh High Court addressed the implementation of a photograph-based attendance system for government school teachers and students in Vidisha district. The appellants, both male primary school teachers, challenged a circular issued by the CEO of Jila Panchayat, Vidisha, dated November 28, 2024, which mandated that teachers and students submit a “Jio Tap Photo” via WhatsApp to mark their attendance at 10:00 AM daily.

Appellants’ Arguments:

The appellants contended that this circular contradicted the School Education Department’s policy dated November 15, 2019. According to this policy, a School Academy Committee, comprising teachers and parents, was responsible for ensuring the attendance of teachers and students, as well as overseeing overall development and training. They argued that the new photograph-based system undermined this established mechanism. Additionally, concerns were raised about the privacy of female staff and girl students, suggesting that the mandatory submission of photographs could lead to potential misuse.

Respondents’ Arguments:

The State defended the circular, stating that it was introduced to address issues of absenteeism and the practice of proxy teachers. There were instances where appointed teachers delegated their teaching responsibilities to others on a part-payment basis, compromising the quality of education. The photograph-based attendance system was seen as a necessary measure to ensure the regular presence of teachers in schools and to uphold the standard of education.

Court’s Observations and Judgment:

The High Court acknowledged the legitimacy of the State’s objective to ensure teacher attendance and recognized that the appellants, being male teachers, did not face privacy issues concerning the submission of photographs. However, the Court expressed concern over the privacy implications for female staff and girl students. It noted that the regular submission of photographs could be susceptible to misuse by miscreants. The Court emphasized the need for the Department of Information and Technology, Government of Madhya Pradesh (MAP-IT), to develop a tangible solution, such as creating a new application or modifying the existing one, to protect the privacy of female staff and students while ensuring accurate attendance records.

In the interim, the Court directed that female teachers could fulfill attendance requirements by sending photographs of the school campus or the principal’s office, thereby mitigating potential privacy concerns. The appeal was dismissed as misconceived, and a cost of Rs. 2,500 was imposed on each appellant, payable to the High Court Legal Services Authority within one month.