SC refuses to stay Delhi govt's decision to hold online classes
New Delhi, Dec. 18 -- The Supreme Court on Wednesday refused to interfere with the Delhi government's decision to shift students up to Class V from a hybrid system to fully online classes, citing the serious health risks posed by air pollution to younger children and holding that such choices are best left to policymakers.
A bench led by Chief Justice of India Surya Kant lamented that despite repeated interventions, most measures taken so far to curb air pollution in Delhi-NCR appeared to have "failed". Given the extreme situation and the fact that the winter break for schools was imminent, the bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi, said there was no reason to upset what it described as a temporary arrangement.
"All schools are heading towards the winter break. Let it be considered as an early break for them. If it can prevent and save them from direct and adverse impact of polluted air, let us be patient with the arrangement," said the bench, adding the focus should instead be on putting in place better preventive measures next year.
The court was hearing pleas challenging the Delhi government's December 15 directive mandating fully online classes for students from nursery to Class V, issued amid worsening air quality and the imposition of Stage IV restrictions under the Graded Response Action Plan (GRAP).
Senior counsel Menaka Gurusamy, appearing for parents opposing the closure, argued that the decision disproportionately affected children from poorer backgrounds. She contended that while parents continued to step out for work and commute in polluted conditions, their children were being confined to homes. Gurusamy also pointed out that shutting schools deprived many children of mid-day meals.
The bench, however, remained unconvinced, stressing that courts could not assume the role of "super- specialist or experts" in matters involving public health and policy.
Appearing for Delhi government, Additional Solicitor General Aishwarya Bhati told the court the decision to close physical classes for younger children was taken after air quality sharply deteriorated over the weekend. She assured that the directive would be revisited and modified as soon as the air quality showed improvement.
In its order, the court held that there was no need to intervene at this stage, particularly in view of the approaching winter break. It disposed of the applications while leaving it open to the Commission for Air Quality Management to consider, in future, whether schools should be closed, run in hybrid mode....
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