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Karnataka HC partly stays governmental ban put on online classes for primary students
The Karnataka High Court stayed a part of the state government orders dated June 15 and June 27 which had forced a restriction on conducting of online classes for school students from LKG to Class 10.
The order passed by a Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Natraj Rangaswamy reads,
"That part of the orders dated June 14 and June 27 which impose ban/embargo on conduct of online classes by the schools from LKG to Class 10 will remain stayed."
Karnataka High Court
The interim order was passed in a cluster of pleas challenging the government's move to boycott online classes for elementary school students. However, the Court explained that school authorities reserve no right to make online class mandatory for students or charge any additional expense for the same. The Bench held,
"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."
Also, the Bench expressed that what could be concluded was that the right to education via online mode of instruction for primary students was totally removed by the June 27 order. It observed,
"Prima facie, we find that both the government orders have encroached upon fundamental rights under 21 and 21A of the Constitution."
The Court noticed that the academic term during the current year had just started, and with schools being shut, the main method of bestowing education was by giving effect to the office of web based instructing.
Furthermore, the Court said that in any event, assuming that both state government orders were passed under Article 163 of the Constitution, and still, after all that, the same cannot shorten crucial rights ensured under Articles 21 and 21A of the Constitution.
On the purpose of Pragyata Guidelines depended upon by the express, the Court right off the bat noticed that limitations put in the June 27 order were legitimately extracted from clause 3.1.3 of the said rules.
In such manner, the High Court opined that when the said rules are perused all in all, it doesn't expect to put a ban on web based learning, particularly considering schools being closed till July 31.
The Court likewise said that it would not meddle with the proposals of the board of specialists named by the state government on conduct of online classes.
