Bombay HC refuses to interfere with restrictions on online classes

The Bombay high court (HC) on Monday refused to interfere with the restrictions imposed by the Maharashtra school education department on the duration of daily online classes for pre-primary to junior college students.

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“We are judges. We are not educationists with degrees in child psychology; how can we decide as to what should be the duration of online classes,” said the bench of chief justice Dipankar Datta and justice Girish Kulkarni.

The bench allowed the petitioner, Parent Teachers Association United Forum, which filed the petition challenging the government resolution (GR) issued by the school education department on July 22, to make a representation to the department. The department, in turn, is directed to decide on the representation, if so filed, as expeditiously as possible.

The July 22 GR restricts online classes for pre-primary to junior colleges for five days a week from Monday to Friday. It allows just one session of maximum 30 minutes every day, in the form of more interaction with parents, for pre-primary section. For Class 1 and 2, it allows two daily sessions of 30 minutes including interaction with parents. For Classes 3 to 8, it allows daily two sessions of 45 minutes each, and four such sessions for junior college students.

Counsel for the petitioner, senior advocate Mihir Desai, submitted that the Right of Children to Free and Compulsory Education Act, 2009 requires certain minimum hours of schooling every day, and the duration of the online classes is one such area which the state government cannot touch.

The state government had no power to restrict schools in such a manner, Desai submitted, adding that the parents want their children to learn more.

Judges, however, said that online classes were required to be held because of the peculiar circumstances created by the Covid-19 pandemic and also noted that the GR was issued after parents approached the department complaining about unreasonably long duration of online classes and lack of schedule for the online classes. The bench held that the petitioner should approach the government and make a representation.