The Supreme Court has stayed an order issued by the Delhi High Court directing private unaided schools and government schools including Kendriya Vidyalayas to provide gadgets and internet packages to students from Economically Weaker Sections or disadvantaged group for the online classes being conducted due to the COVID-19 pandemic.
The Supreme Court bench headed by Chief Justice SA Bobde along with Justices AS Bopanna and V RRamasubramanian, according to reports, have agreed to hear the plea filed by the Delhi Government challenging the High Court judgement issued on September 18, 2020. A stay will be applicable to the operation of the order issued by the High Court.
Costs of gadget and internet not a part of tuition fee
A division bench of Delhi High Court had directed that the costs of gadgets and internet packages are not a part of the tuition fee and must be provided free for the students by the schools. This however is subjected to the right of private unaided schools to claim reimbursement from the state as per the provision of the Right of Children to Free and Compulsory Education Act 2009.
The supreme court while putting a stay on the order also issued notices to NGO Justice for All based on whose petition the Delhi High Court has delivered the judgement and others on the plea filed by the Delhi Government. The counsel appearing for the Delhi State Government while stating the case also pointed out that additional burden has been put on the state by the high court verdict and a lot is already spent by the state on education.
Plea filed by NGO
Delhi High Court had delivered the judgement on a plea filed by the NGO asking for the centre and Delhi state government to provide free laptops, tablets or mobile phones to poor students so that they can attend classes online during the COVID-19 lockdown.
The high court in this matter had stated that separating such students from the other in a class due to unavailability of a gadget or a device will create a sense of inferiority which may affect the students which can never be undone further adding that to a school decided to provide face to face real-time online education as a method of teaching it must be ensured that the students from economically weaker section or disadvantaged groups also have access to the classes.
The High Court bench pointed out the RTE Act Section 12 (1)(C) which required private unaided schools to provide free and compulsory elementary education to 25 per cent EWS/DG students which means education without financial barrier.
Three-member committee to be formed
The High Court order also specified that a three-member committee must be formed including the Education Secretary from the Centre or nominee, Delhi Government Education Secretary or Nominee and a representative of private schools to streamline the process of identifying and supplying the gadget to poor and disadvantaged students.
Standard Operating Procedures are also to be framed by the committee to identify standards of the equipment and internet package which are to be supplied to the poor and disadvantaged students.
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