The Supreme Court has today, on September 20, rejected a petition seeking directions to the central and state governments on reopening the schools across the country.
The bench of Justices DY Chandrachud and BV Nagarathna heard the petition by a class 12 student of Delhi. “It is not a matter where judicial directions can be issued. These are matters where we may leave for the Govt to decide,” the bench said.
“Let the states find out where the spike is taking place, which are those areas within the state – there maybe states with 75 districts, 52 districts, states with high density of population in some districts and other districts with less density- these are matters which we should leave to the government to decide,” the bench added.
Advocate Ravi Prakash Mehrotra for the petitioner informed the apex court that because of the prolonged period of the schools being shut, mid day meals, mental health, etc., were affected.
Acknowledging the concern, the bench said: “Govts have taken a decision for phased reopening of school. These are plans that should be left to the Govt. We don’t have any data. They need to go to school. That’s of course imp. We can’t issue judicial mandates with regards to the same. Teachers have to be vaccinated. Do these in local areas.”
The Supreme Court also advised the advocate appearing for the petitioner to “ask your client to focus on studies in school and not involve himself in seeking constitutional remedies.” The bench remarked the petition as ‘misplaced’. Thereafter, the petitioner’s counsel sought permission to withdraw the petition. It was then dismissed as withdrawn.
The Uttar Pradesh government has already reopened schools for all classes from September 1. The Haryana government has reopened schools, both government and private, for classes 1 to 3 from today September 20. Classes 4 and 5 reopened on September 1; classes 6 to 8 from July 23; and classes 9 to 12 reopened from July 16.
The Kerala government has also decided to reopen schools for classes 1 to 7 and classes 10 and 12 from November 1. Schools for all classes will reopen from November 15.
