High Court Seeks Response Of Centre, Delhi Govt On Steps Taken For Continuing Education Of Children Orphaned Due To COVID-19

The Delhi High Court has sought the response of Delhi Government on the steps taken by it independently for the purposes of continuing the education of children who may have lost their parents due to Covid-19 in aided or government established schools.

Justice Yashwant Varma also sought response of competent authority in the Ministry of Women and Child Development explaining in detail the steps that have been taken for ensuring the continued education of such children and also further measures that may have been adopted for the purposes of ensuring that their studies are not disrupted.

"Let the affidavits be filed by respondents Nos. 1 and 2 in light of the directions set forth above on or before the next date fixed," the Court said while posting the matter for further hearing on November 4, 2022.

The Court was hearing a petition filed by Yasmin & Ruben Kataria, minors who lost their sole bread-earning parent to Covid-19 allegedly due to deficient supply of oxygen at Jaipur Golden Hospital in the national capital. The plea was filed though their mother.

The minors had sought the announcement and expeditious implementation of schemes for fully-State-funded education for children like them, who are studying in private schools and have lost the sole bread earning member of the family due to shortage in oxygen supply, or due to Covid-19. The plea har also prayed for the government to ensure that there is no prejudice to their right to education on account of non-payment of school fees.

Advocate Bharat Malhotra appeared for the petitioners.

The development came after the Court noted that the Centre, in it's previous affidavit, had made reference to a letter of 16 June 2021 carrying directives to authorities dealing with the subject of continuing the education of children who may have lost one or more of their parents due to Covid-19.

"Considering the nature of issues which stand raised here, the Union respondents is directed to place that D.O. letter on record," the Court said at the outset.

The Court also noted that the Delhi Government in its affidavit had essentially referred to the Scheme as framed by the Centre and states that it had duly implemented the provisions of that Scheme in its entirety.

Last year, the Court had expressed reservation over compelling the Government to pay private school fees for children, orphaned during Covid-19 pandemic. It had opined that such children may be shifted to a Government school instead, for availing free education under Article 21-A of the Constitution.

The children state in their petition that they have been studying at the Air Force Golden Jubilee Institute since getting admission there in 2013 and 2019 respectively. After he tested positive for Covid-19, and his health condition started worsening, their father was admitted to the Jaipur Golden Hospital, on Apr 18, on the assurance of the best treatment and resources being available with the Private Healthcare Institute - to provide him advanced care required due to oxygen deficiency.

The petitioners state that while it had come to their knowledge that several compensation schemes were being floated by the Delhi, the Centre, the DCPCR and the NCPCR to families like theirs, the same have not been implemented till date to the petitioners' knowledge.

Case Title: Yasmin Kataria & Anr v GNCTD & Ors

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