Karnataka High Court stays governmentt ban on online classes

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The Karnataka High Court on Wednesday (July 8) stayed the government orders banning online classes for students between LKG and Class 5.

 

The Karnataka High Court on Wednesday (July 8) stayed the government orders banning online classes for students between LKG and Class 5.

The government had in June banned online classes, stating that it is awaiting an expert committee’s report on the same. The court passed the interim order with the observation that the government orders encroached upon the Fundamental Right conferred by Article 21 and 21A of the Constitution of India.

The court also held that that schools cannot make online education compulsory and 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 are able to start education,” the News Minute quoted Chief Justice Abhay Sreenivas Oka as saying.

The order came on a petition filed by Anumita Sharma and several others earlier in June seeking to revoke the ban on online classes. While reading out the interim order, the Chief Justice observed that the ban on online learning violates Article 21 of the Constitution of India, which states that right to education is a fundamental right.

The court said that the state government would have to make infrastructural arrangements so that students from all sections of the society can attend online classes.

“The fact that the state is not able to extend online education to a certain category of schools is not grounds for so-called elite schools to not extend online education to its students. In fact, the state government will have to take appropriate steps to create infrastructure and facility so that online education can be extended to students in rural areas,” Chief Justice said.

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.

 

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