[COVID-19] "Cannot ignore ground realities:" Karnataka High Court refuses to direct State govt to fix date for reopening physical classes

The Karnataka High Court on Monday refused to direct the State government to fix a date for reopening physical classes in schools amid the COVID-19 pandemic..A Division Bench of Justices BV Nagarathna and E Hanchate Sanjeevkumar observed that it cannot ignore the ground realities in this regard. .“We cannot ask State government to come out with a date for reopening physical classes unless the COVID-19 pandemic subsides…We cannot ignore the realities…We cannot forecast anything,” the Court said. The Court was hearing a petition filed by one Radha M seeking directions to the State to provide mid-day meals to students of classes from Standard 6 to 8 as regular schools have re-opened in the State.Senior Advocate Jayna Kothari appearing for the petitioner submitted that the State could place at least place tentative dates for reopening schools for the benefit of the children.However, the Court did not find substance in this argument."We are not passing any directions today. State will place its decision on record. We are simply going to say to list it on June 8."Accordingly, the matter was listed for next hearing on June 8.If you are opening schools allowing congregation, then why can't you start mid-day meals? Karnataka High Court to State.Previously, the Court had questioned the logic of the State government in reopening schools thereby allowing congregation but at the same time withholding mid-day meals citing COVID-19..We would wait till the next matter is called out and the file is opened: Justice Nagarathna as an advocate.During the hearing, the Court noted that the counsel appearing for the government was unavailable. "The government counsel has already disappeared after serial no 11 (the previous matter). That was not the case when we (Judges) were there practicing in Court. We would wait till the next matter is called out and the file is opened. We were taught this by our seniors. That is not the case now."As Justice Nagarathna made this comment, Justice Sanjeevkumar was seen, nodding in agreement.