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In a setback to the state government, the Karnataka High Court on Wednesday stayed the initial ban and the subsequent restrictions imposed on schools against conducting online classes from pre-primary to Class X.
As the 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 Sreenivas Oka has observed that the ban on online learning violates Article 21A of the Constitution of India, which states that right to education is a fundamental right.
"Prima facie we are of the view that both orders of June 15 and June 27, encroached upon the Fundamental Right conferred by Article 21 and 21A of the Constitution of India,” Live Law quoted Chief Justice Oka as saying.
Chief Justice Oka has said that all the students are not able to attend the online classes because all the students are not having the online facilities to attend the online classes so the facilities should be makes like this each and every students can attend online classes and right to education is not violated of any children.
The state government had submitted to the court that online classes were banned as the National Institute of Mental Health and Neuro Sciences had submitted a report, which had discouraged online education of LKG and UKG students. The High Court observed that it is difficult to support the government’s decision to ban online education based on NIMHANS’s report as the report itself does not call for a ban.
Even it was mentioned that many students are there who are not able to take online classes and they are forced to take but those students are not having that source to take online classes and here those children are in the loss they are not even able to study and have to pay the full fees to the school because school is taking classes and blaming you that you are not attending.
As per the statistics given to the court by the government, around 1.45 crore students are enrolled in a government school, 13.60lakh in private aided schools and around 45 lakh students are studying in private unaided schools. Among them, 58.61 lakh students are in urban areas and 45.88 lakh students are in rural areas.
The bench has further added that the order should not be construed to mean that the 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.
Further, it was explained well and said by the court that if the 10 students are there in which 8 are taking classes and two are deprived of it is wrong with those two students and they are not getting there fundamental right which is the basic right of every citizen. So, it has been concluded by taking into effect that the state government informs Karnataka HC that it has modified it's June 15. The new order will allow conducting classes for the limited period as an interim arrangement till expert committee files report.
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