The Karnataka high court passed the order of banning online classes in the state. The bench said that online classes violate the right to education under Article 21.
On Wednesday the Karnatka HC stayed with the state government’s order and banned online classes from pre-primary level to class 10th. Meanwhile, the court said that the administrative orders passed by the government under Article 162 of the constitution can’t curb the fundamental rights under article 21 and 21A.
By enacting a law reasonable restrictions are imposed on the exercise of fundamental rights. But the Karnataka Education Act, 1983, cannot be the law which permits the state government to do that.
An observation from the bench consisting of Chief Justice Abhay Srinivas Oka and Justice Nataraj Rangaswamy, “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 India.
The court said The bench emphasized on the fact that there was no rational basis for passing the order on banning online education.
No Right to charge extra fees for online education: HC
Also, the court has clarified that the school authorities have no right to make the online education mandatory for students or charge extra fees in this regard. The court also said that no student should be deprived of education after the schools start operating normally.
The court affirmed that “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”.
Students should not be deprived of education: HC
As per the statistics, approx. 1.45 crore students are there in the state. Out of which 44 lakh students are enrolled in government schools, 13.60 lakh in private aided schools. And around 45.88 lakh students in private unaided schools. Among them, 58.61 lakh students are located in urban areas 45.88 lakh students in rural areas.
Consider this the court further added saying the state government will have to ensure that the students not studying in elite schools but who are in government schools should not be deprived of education in this pandemic situation. The government will have to build the infrastructure to provide education in such types of schools during this period.
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