Students can’t be forced to attend offline classes: Telangana HC

Asks schools to continue online classes along with physical classes in hybrid mode

Hyderabad: The Telangana High Court on Tuesday stayed the physical reopening of all government residential schools in the State for now but left the choice of holding physical classes in day schools, both government and private, to the respective managements. It asked the State government to place before it a report on the steps taken by it to prevent the spread of Covid-19.

A two-judge panel, comprising Acting Chief Justice MS Ramchandra Rao and Justice T Vinod Kumar, issued a series of directions on the August 24 Government Order pertaining to reopening of all schools in the State from September 1. It gave the schools the choice of holding physical or virtual classes, or a combination of the two modes. The panel was dealing with a writ plea filed by B Krishna Mandapati challenging the GO.

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After considering all the pleas, the panel issued directions stating that no schoolchildren, either private or government, shall be compelled to attend the school physically. Further, no school should impose any kind of penalty on children for not attending the physical mode of classes. Similarly, the government should also not penalise any school for not conducting physical classes. The panel also directed the schools not to insist on any undertaking from the parents, and if any such undertaking is taken, it will not be valid.

The bench further directed all the schools to take all precautions to run physical classes and also continue online classes along with them in hybrid mode. It directed the State to draft and implement guidelines for schools that should be followed strictly by the educational institutions. The government was also asked to file its counter along with all the data and steps taken by it towards infrastructure created for children, particularly paediatric care.

The panel also sought clarification as to whether all the textbooks for students had been printed and distributed to them besides directing the Expert Advisory Committee under the Disaster Management Act to place before the bench its advisory report for reopening of schools. The matter was adjourned to October 4.

Senior Counsel L Ravichander, appearing for the petitioner, pointed out to the panel various difficulties, including the manner in which the government passed the present memo without putting in place any SOPs for the schools. It was also pointed out to the panel that it would be difficult for students, particularly primary and pre-primary children, to maintain physical distance and wear mask.

A question was also raised that schools do not have adequate infrastructure, particularly extra classrooms and related infrastructure to divide the class into two sections to maintain physical distancing, and adequate nursing staff for any emergency medical help.

BS Prasad, Advocate General for the State, informed the panel that the State, after going through several rounds of discussions with various committees and a request from the Unicef, had issued the memo. He further informed that the State is supervising all the schools to ensure that all the protocols are followed.

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