Karnataka HC stays state Government’s order banning online classes, says it is in violation of Right to Education under Article 21A

Team SoOLEGAL 13 Jul 2020 5:07pm

Karnataka HC stays state Government’s order banning online classes, says it is in violation of Right to Education under Article 21A

The High Court of Karnataka on 8th July, 2020 has stayed the order by the state government banning online classes. The bench had a prima facie view that the order banning online classes encroaches upon the Right to Education under Article 21A of Indian Constitution.

The state government had issued orders on June 15th and June 27th, 2020 imposing the ban on conducting online classes by the schools from LKG to class X.

However the court has also clarified that the stay order should not be misinterpreted by the school authorities and online classes must not become a mandate for each student or come at an extra monetary cost. In this regard the order has stated, “Our order should not be construed to mean that students who do not opt for online education should be deprived of their normal education as and when the schools are able to start education”.

The state government in its defence has stated that the order banning online classes was simply an interim injunction. It was given in order to traverse through various methods to ensure that no student is deprived of education merely on account of lack of internet connection. The state government also contended that a high percentage of students in the state are living in rural areas where having an internet connection is a luxury.

Advocate General Prabhuling Navadgi, who was appearing for state submitted, “The students between 0-6 years is a more delicate subject which needs to be dealt with not only from the point of view of education or fundamental rights but also child psychology. How Children are going to react to online classes? Because kindergarten is not only about schooling but more about parenting.

On the other hand, Senior Advocate Uday Holla and Advocate Pradeep Nayak, who were representing the petitioners, stated that the said orders issued by the Government were in violation of the Right to Education as imparted in the Constitution of India.

Tagged: Karnataka HC   online classes   violation   Right to Education   Article 21A   state government   Indian Constitution   Advocate Uday Holla   Advocate Pradeep Nayak  
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