Ensure Children Above 6 Yrs In Anganwadis Are Admitted To Regular Schools, Karnataka High Court Directs State

A division bench of Justice B V Nagarathna and Justice N S Sanjay Gowda said "Once the child attains the age of 5 to 6 years, he/she would not be under the umbrella of Anganwadi system, it is necessary to ensure that such a child is admitted to regular school."

It added "Unless the children from the Anganwadi system are brought into the regular school system, there is every likelihood of there being an escalation of out of school children that will be violation of Article 21-A, which ensures free and compulsory education to children upto the age of 14 years. Therefore it is incumbent and duty cast on the State and Fundamental Right of the child between the age of 6 to 14 years, to have education."

The bench orally observed "We want children to come in the education system first. To bring them back to the education system is the most important."

The bench then went through the report submitted by the government on the percentage of attendance of students attending classes physically and said:

"We direct the state government to disseminate information in regards to reopening of schools and the fact that student can attend physically, particular from 6 to 10 standard, except in areas where there is restriction on physical opening of schools through medium of television, radio and press release, in all leading newspapers of state. The respondent department could think of ways and means of ensuring that students return to school in all areas where there is no threat of covid-19, cases increasing."

The bench observed "The Object is to ensure that there is no discontinuity in education and diversion of children to other activities which are not in their interest or children being lured to such other kinds of activities by vested interest in society. To that object and purpose is to be served, the state must take all steps feasible for ensuring that children return to school by attending the classes physically in areas where schools have opened physically for students. This is of particular importance to students of 9th and 10th standard, as they are on the verge of appearing in Board exams and at a crucial stage of their academic career."

The directions were given during the hearing a public interest litigation filed by A. A. Sanjeev Narrain, Arvind Narrain and Murali Mohan. The plea states that the respondents is not providing adequate online resources to school children prior to resumption of online classes, is violative of Article 21-A read with the provisions of the Right of Children to Free and Compulsory Education, 2009 ("RTE Act") read with the Right of Children to Free and Compulsory Education Rules, 2010 ("RTE Rules") read with the Karnataka Right of Children to Free and Compulsory Education Rules, 2012 ("Karnataka RTE Rules").

It seeks directions to immediately formulate a plan of action to ensure the procurement and disbursal of low-cost laptops, tablets, and any other digital resources to school children belonging to the disadvantaged and economically weaker sections to allow them attend online classes.

The bench in its order also recorded the statement made by the state government counsel that so far as 9th to 12th standards are concerned schools are open and physical attendance of students and teachers is permitted. As far as 6th to 8th standard is concerned schools have been opened except in BBMP areas of Bengaluru and areas bordering Kerala state. The decision of the expert committee for reopening of schools from 1 to 5^th standard is awaited, in certain areas of state covid-19 cases are escalated therefore no concrete decision has arrived for reopening of schools vis-a vis 1^st to 5th standard.

The court directed the state government to file an updated report in regards to enrollment of children to school from Anganwadi. A status report in regard to steps taken to ensure that children attend the schools for classes 6 to 10^th wherever such schools have opened physically.