Delhi Air Pollution - Supreme Court Directs CAQM To Consider Allowing Physical Classes In Schools/Colleges

The Supreme Court on Monday (November 25) directed the Commission for Air Quality Management (CAQM) to consider relaxing the restrictions on physical classes of schools, colleges and educational institutions in Delhi-NCR, which were imposed last week due to severe air pollution.

A bench comprising Justice Abhay S Oka and Justice Augustine George Masih directed the CAQM to consider relaxation of action in terms of clause 5 and clause 8 (only in relation to educational institutions) of GRAP-IV as well as clause 11 of GRAP III measures.

As per clause 5 of GRAP (Graded Response Action Plan) Stage IV, NCR states were recommended to consider the suspension of physical classes for classes VI-IX, XI. As per clause 8 of GRAP-IV, the closure of colleges was proposed. Clause 11 of GRAP III required the suspension of physical classes for standards I to V. Following the CAQM directions, the Delhi Government ordered the closure of schools and colleges.

Today, the bench asked the CAQM to reconsider the restrictions, in view of the following factors :

1. Some students are being deprived of the facility of midday meals 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.

The Court left it to the Commission to decide on the continuation of the ban on conducting physical classes of 10th and 12th standards.

The Court ordered that a decision be taken by the CAQM in this regard by tomorrow.

The Court left it open to the CAQM to provide for exceptions. "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," the Court suggested.

Last Friday, an application was filed by the parents of children belonging to marginalised sections and special needs seeking the resumption of physical classes. They pointed out that many families belonging to the lower strata of society do not have access to the internet and electronic gadgets, depriving them of online education.

Senior Advocate Menaka Guruswamy appeared for the parents who sought the resumption of classes. Senior Advocate Gopal Sankaranarayanan, appearing for another intervenor, opposed the plea, saying that the impact on the health of students must outweigh other considerations.  

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