Schools Should Not Compel Children To Attend Physical Classes: Telangana High Court

A two-judge Bench of the Telangana High Court comprising of Acting Chief Justice M. S. Ramchandra Rao and Justice T. Vinod Kumar on Tuesday gave a series of directions on the government Memo issued relating to the opening of all schools in the state from Sept. 1.

The government issued the Memo on August 24th, directing to reopen all the government and private schools in the state to commence physical classes.

The panel was dealing with a writ plea filed by B. Krishna Mandapati challenging the said memo. Senior Counsel L. Ravichander appearing for the petitioner pointed out various difficulties to the panel including the manner in which the government passed the present memo without putting in place any SOPs for the school.

It was also pointed out to the panel that, it would be difficult for the students, more particularly primary and pre-primary to maintain social distance and wear masks, resulting in children to be COVID carriers to their homes.

A question was also raised stating that, the schools also do not have adequate infrastructure more particularly extra classrooms and connected infrastructure to divide the class into two for social distancing, and not adequate nursing staff for any emergency medical help.

Counsel pointed out that an earlier division bench had called for operational details of schools from the government which has not been forthcoming. B.S. Prasad, the Advocate General for the State informed the panel that the state after going through various discussions with various committees has issued the memo including the UNICEF request.

It was further informed that the state is supervising all the schools to see that, all the protocols are being followed by the schools.

The panel raised various concerns stating how the existing few DEO's can supervise all the schools in the city. It was pointed out that the memo issued by the government is without any clarity.

After considering all the pleadings, the Bench issued a series of directions to balance the rights and interests of all stakeholders.

Therefore, it was directed that no school children either private or government school shall be compelled to attend the school physically. Further, no private or government school should put any kind of penalty on the children for not attending the physical school.

The government should not penalize any School for not conducting classes physically. The panel also directed the school to not insist upon any undertaking from the parents and if any such undertaking is collected the same is not valid. It further directed that all the schools should take all precautions for running physical school.

It also further directed the schools to continue online schools along with physical schools in hybrid mode. The panel also directed the state to draft and implement SOP's for the schools and all the schools to strictly follow the same. The panel directed the state to file its counter along with all the statistics and steps taken by the state towards the infrastructure created for children more particularly paediatrics.

Also, the starting of off-line classes in Govt. and Social Welfare Schools and Govt. Residential schools pursuant to the Memo was stayed until further orders.

The Bench also sought clarification as to whether all the textbooks for the children are printed and issued to them. The panel stayed the physical opening of the Private and government Residential Schools, Social Welfare schools and all forms of residential schools till the state places before the court all the steps taken by the government in view of the present pandemic.

The Court also directed the Expert Advisory Committee under the Disaster Management Act to place before the panel its advisory report for reopening of the schools. The matter has been adjourned to October 4th.

Case Title: Bala Krishna Mandapati v. State of Telangana & Ors.

Click Here To Read The Order