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The check in progress set by honourable State government, High Court of Karnataka on Wednesday stayed initial ban and subsequent restriction imposed towards schools for conducting an online classes from pre-primary level to class 10.
Prima facie ban and curbs imposed in conducting online classes violate Articles 21 and 21A of Constitution, which guarantees fundamental right to education only way for continue studies is online mode which only available present for impart education to students in view closure of regular schools due to COVID-19 pandemic, the court said.
The Bench said , that government lacked his powers under the Karnataka Education Act, 1983 for imposing subsequent ban/restrictions towards online education.
Court’s clarification
However, Bench made it cleared that order should not be construed as if schools have right to make online education compulsory and can charge any fees to impart education in form of online mode. Also, it should not forced students who cannot opt or avail. online classes nor deprives for education whenever an regular classes started, the court justified.
Not being able to give online education to some sections of schools, including government schools, then it also not ground to stop other schools forgiving online education, the Bench said while focusing to government’s disagreement towards petitions filed by “elite” schools and parents for sending children to such schools, and many children and schools cannot pursue online education.
Noticing, Union government, COVID-19 guidelines had favoured most of encouraging online education in regular schools and ordered need to be closed till July 31, Bench observed that considering situation that created by pandemic, also not having an expectation that schools will be opens immediately afterwards July 31.
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