Lawstreet Journal

Karnataka High Court stays govt order to ban online classes up to Class 5; says it violates Fundamental Right to Education

Lawstreet Journal 9 Jul 2020 6:49pm

Image courtesy: Lawstreet Journal Judiciary Karnataka High Court stays govt order to ban online classes up to Class 5; says it violates Fundamental Right to Education

The Karnataka High Court on July 8, 2020, expressed the prima facie view that the state govt. orders banning online classes encroached upon Fundamental Right to Life and Education conferred in Article 21 and 21 A of the Indian Constitution.

“Prima facie we are of the view that both orders of June 15 and 27, encroached upon fundamental right conferred by Article 21 and 21 A of The Constitution of India”, observed a division bench comprising Chief Justice Abhay Srinivas Oka and Justice Natraj Rangaswamy.

The Karnataka High Court in its interim order stated that online classes cannot be banned for students between LKG and Class 5. The High Court stayed the government’s orders dated June 15 and June 27, which embargoed online learning on Wednesday. The Karnataka government had earlier in June banned online classes for children up to Class 5, stating that it is awaiting an expert committee’s report on the same. 

The High Court also ordered that schools cannot make online education compulsory and cannot charge extra fees for online classes. “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 can start education,” Chief Justice of Karnataka High Court Abhay Srinivas Oka observed.

A petition was filed in the High Court by Anumita Sharma and several others earlier in June seeking to revoke the ban on online classes. While reading out the interim order, Chief Justice Abhay Srinivas Oka observed that… Continue Reading...


Tagged: Karnataka High Court  
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