Supreme Court rejects plea seeking resumption of schools

A bench of justices Dhananjaya Y Chandrachud and BV Nagarathna said the reopening of schools depended on several factors peculiar to each state that only governments could factor in before making a decision.

The Supreme Court on Monday refused to entertain a plea filed by a Class XII student from Delhi seeking directions for the resumption of in-person classes in schools across the country, observing that the court “cannot take over governance” nor can it “issue a judicial diktat for sending all children to schools, oblivious of dangers it may pose”.

The bench said the Constitution puts education in the concurrent list that empowers both the Centre and states to regulate it. (HT Photo)

A bench of justices Dhananjaya Y Chandrachud and BV Nagarathna said the reopening of schools depended on several factors peculiar to each state that only governments could factor in before making a decision. “The governments are answerable to people and they are also conscious that children will have to be ultimately sent to schools. We cannot by judicial diktat say you shall send all children to schools, oblivious of the danger that may be there. The complexities of governance immediately make this a matter where the court should not start issuing directions,” the bench told advocate Ravi Prakash Mehrotra appearing for the student, Amar Prem Prakash.

“Sending children to schools is the most fundamental duty of the local authorities and they are very well aware of it. Let us leave something to the government. The Supreme Court cannot take over governance...,” the court said.

The bench said the Constitution puts education in the concurrent list that empowers both the Centre and states to regulate it. “You ask this child to focus on his education and not involve himself in seeking constitutional remedies...,” it said.