'Pandemic Should Not Result In Discontinuation Of Education' : Karnataka HC Asks State To Ensure Attendance In Schools

A division bench of Justice B V Nagarathna and Justice M G Uma on going through the reports submitted by the state government pertaining to attendance of students attending the classes either through Vidyagama mode and physical classes and enrollment of students in LKG from Anganwadi, said "Just imagine all of us, if we did not go to school. Then think of our children in the villages. Education is the most important input. Even if we are on a little less foot, it is alright, but education is most important." It added "The pandemic should not result in discontinuation of education."

The government advocate submitted that as far as classes 9 to 12 standards are concerned regular classes have commenced. Attendance of students in rural areas is gradually improving, but in urban areas more online and offline classes are continuing. Further it was submitted that for 6^th to 8^th standard, classes are being conducted through Vidyagama. For standards I to V, expert opinion for opening of schools for such classes is awaited. To which the bench said "It is necessary to ensure that these classes continue by complying with all covid-19 safety norms."

The court then went through the attendance reports of the students attending classes from standard 6th to 8^th, through Vidyagama and noted that "The percentage of attendance district wise, we may note that the same is poor."

It observed "Greater percentage are not attending the schools. Do a survey and find out why children are not attending school, are they working, have they been trafficked or are they married off?.

It added "Though the report is dated Jan 12, on perusal we find that the block education officers, would have to take steps to ensure that percentage of students who attend from 6^th to 8^th standard through vidyagama must improve."

The vidyagama classes which were suspended in October 2020, were restarted from January 1, pursuant to directions of the court. As per the attendance report submitted to the court indicated that the attendance percentage in Bidar district was around 4 percent. In Kalaburagi, it is 12.02 in Raichur it is 13.69 in Yadgir it is 10.45 and Bengaluru south is 12.06. The Average percentage of students attending classes through vidyagama in the state is only 22.31 percent. The government advocates submitted the report only 12 days later to the starting of the vidyagama classes and in passage of time the attendance will improve.

The bench then directed "We direct that respondents to place a status report with regard to percentage of attendance of students through vidyagama, as on March 1, 2021. In order to ascertain as to whether there is an improvement the said status report to be filed by next date of hearing."

The bench also perused the attendance report as far as attendance of tenth standard students is concerned, which records only 47 percent attended classed. The bench said "This implies that the majority of students have not been attending the classes. The percentage of students attending tenth standard as compared to enrollment is hopefully low. It directed that a report be submitted with regards to the percentage of attendance of students of 10 standard district wise."

The state government also informed the court that as on January 12, only 52,579 students have enrolled from Anganwadi to LKG classes in the state. To which the bench said "In certain districts such as Yadgir, Uttara Kannada, Davengere, Mandya, Ramnagar, Chamarajnagar, the enrollment appears to be very low." It added "We want children from Anganwadi to come to school. That is the most important, once they don't come to school they are out of education."

It directed the block education officer to submit a statistics report to the respondents with regard to efforts taken for enrollment of children from anganwadi to regular schools for academic year 2020-21. Further what steps will be taken to enhance enrollment of students for the academic year 2021-22, a report shall be submitted in that regard.

The direction was given during the hearing of a public interest litigation filed by A. A. Sanjeev Narrain, Arvind Narrain and Murali Mohan. The plea states that he petition states that the respondents in 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 matter will be next heard on March 16.