Karnataka HC stays govt order banning online classes

The Karnataka High Court on Wednesday stayed the order of the state government banning online classes. A division bench comprising Chief Justice Abhay S Oka and Justice Nataraj Rangaswamy held that the state government’s decision violated fundamental rights under the Constitution.

“The orders of the state government dated June 15 and June 27, 2020 which impose ban on conduct of online classes or coaching by the schools from LKG to class 5 will remain stayed. Prima facie both the orders couldn’t stand the test of legality. When we pass this interim order we make it clear that this order does not construe to mean that the authority of the schools have the right to make online education compulsory or charge extra or construe that the students who do not opt for online training should be deprived of normal education as and when the schools are ready to start academic session,’’ the bench held.

On June 15, the state government banned online classes for children from KG to class 5. Subsequently, in the second order issued on June 27, the state fixed hours in a day for online teaching for students from class 6 to 10 and also stated that only parents of pre-primary children appear online to take instructions from the teachers. The state government had relied upon a letter from the Director of Nimhans to ban online classes from KG to class 5. Similarly, the state had quoted the guidelines issued by the Union Ministry of Human Resource Development - Pragyata - to fix hours of online teaching for class 6 to 10.

The bench in its interim order observed that while Pragyata guidelines called upon the states to encourage online learning, the letter by Nimhans Director stated that children below the age of six years should use the screens only for less than one to one and half hours.

On the state government’s argument that it was only the elite schools that are demanding online teaching, the bench said that the state should take steps to create infrastructure in rural schools.

“As per order dated 29-06-2020 all schools, whether government or private, are closed till July 31, 2020. Considering the situation created by the pandemic there is no expectation that there will be immediate resumption of normal functioning of the schools. In fact, going by the rights conferred by Article 21 and 21A state should take care that students, especially in schools run by the government, are not deprived of their right of education. The state will have to take appropriate steps to create infrastructure to impart education to students even in rural areas. State being not able to extend education is no ground to say that even the so-called elite schools should not provide online teaching,’’ the bench said.