Order: It is obvious that due to implementation of GRAP 4 measures, several sections of the society may have been adversely affected. The Commission has all the powers under section 12(1) of the Act to issue directions to various authorities to take several measures to ensure that persons in the category of labour, daily workers etc. do not suffer. We therefore direct the Commission to consider taking various mitigating measures by issuing necessary directions in terms of section 12(1) of the CAQM Act.

A chart has been submitted across the bar showing that AQI in Delhi. It shows that from 20th November to 24th November AQI ranges between 318 to 419. We therefore direct the Commission to place the updated data so that on the next date Court can take a call on GRAP IV measures.

In the meanwhile we direct the Commission to consider relaxation of action in terms of clause 5 and clause 8 (only in relation to educational institutions) as well as clause 11 of GRAP III measures. The Commission will have to consider relaxing these norms for various reasons including the following -

1. Some students are being deprived of facility of midday meal as the schools and Anganwadis are closed.

2. Large number of students do not have the facility of electronics for attending online education.

3. Residences of large number of students do not have air purifiers and therefore there may not be a difference between the children sitting at home and children attending the schools.

Appropriate decision shall be taken by the Commission immediately. Even if a copy of this order is not available learned ASG appearing for Commission to communicate the said order to the Commission.

We also leave it to the Commission to decide on continuation of ban on conducting physical classes of 10th and 12th standards.

Various aspects can be considered by the Commission. One can be granting relaxation of going to school to those schools and institutions that do not have facility of online education. The other can be of granting relaxation to those students who do not have facilities of online education at their respective residences.

We make it clear that we are leaving it to the Commission to decide to what extent the norms which are otherwise applicable in GRAP III and GRAP IV as of today can be either relaxed or exceptions can be carved out. The expected decision to be taken during the course of the day or latest by tomorrow morning so that it can be implemented from Wednesday. For issuing further directions list on Thursday at 3:30 p.m.