Calcutta HC Dismisses PIL Challenging WB Gov's Decision To Reopen Schools From November 16

The Calcutta High Court on Thursday dismissed a Public Interest Litigation (PIL) petition challenging the decision of the West Bengal government to reopen schools for students of Classes IX to XII from November 16.

The plea moved by advocate Sudip Ghosh Chowdhury alleged that the State government has decided to start classes for students of Classes IX to XII 'without any proper planning' and thus students shall be prone to the risk of a Covid-19 infection. Accordingly, the Court's leave was sought for the formation of an expert committee for reviewing the Covid-19 situation in the State and providing necessary recommendations to the government in this regard. 

The petitioner had further contended that students up to the age of 18 years are yet to be vaccinated and thus physical classes would only increase the chances of COVID-19 transmission among them.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Thursday refused to entertain the petition and accordingly directed the State government to go ahead with its plan to reopen schools from November 16. 

Advocate General S.N Mookerjee apprised the Bench on Thursday that in most other States such as Andhra Pradesh, Bihar, Chandigarh schools have already reopened. He further submitted that students would be made to undergo awareness programmes everyday regarding safeguard mechanisms against Covid-19 to reduce the chance of infection. 

The West Bengal Board of Secondary Education had on October 29 issued a notification for reopening of schools for students of Classes IX to XII from November 16 with certain guidelines on maintenance of COVID-19 protocol. It had further specified different time slots for secondary and higher secondary students. The West Bengal school education department had earlier sanctioned funds for cleaning and sanitising state-run and aided schools.

Case Title: Sudip Ghosh Chowdhury v. State of West Bengal