Lawstreet Journal

Supreme Court Rejects Delhi Student’s Writ Petition To Start Physical School

Lawstreet Journal 21 Sep 2021 8:38pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Rejects Delhi Student’s Writ Petition To Start Physical School

On Monday (September 19, 2021), the Supreme Court rejected the writ petition of a Delhi based school student asking the Court to direct the State and Center for providing a speedy decision in regard to starting physical classes with appropriate safeguards. 

OBSERVATION  OF THE JUDGES 

The matter was brought in front of the Bench of Justices D. Y. Chandrachud and B. V. Nagarathna who commented that the student should discuss the matter of physical reopening of schools with the state in which he is based, i.e. Delhi. 

Furthermore, the judges the counsel told the counsel that their client should focus on his studies instead of filing for constitutional remedies. He mentioned that the petition was misplaced and children must not get involved in such matters while emphasizing the fact that he is aware that the said petition is not a public gimmick. He also pointed to the fact that the situations in different states are different and therefore, this decision varies from state to state. 

RATIONALE BEHIND THE OBSERVATION 

The judge emphasized the provisions of the constitutional scheme which provided that as per entry 25 of list 3 deals with education. Entry 25 of list 3 deals with education. Entries 63, 64, 65 and 66 deal with ‘institutions of national importance', ‘Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institution of national importance’, ‘'Union agencies and institutions for professional, vocational or technical training,… Continue Reading...


Tagged: Supreme Court of India  
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