Supreme Court refuses to entertain plea seeking reopening of schools, leaves it to govt

The Supreme Court on Monday declined to entertain a public interest litigation petition moved by a Delhi-based class 12 student has moved seeking re-opening of schools across the country which were shut during the COVID-19 pandemic (Amar Prem Prakash v. Union of India)..A Bench headed by Justice DY Chandrachud said that it is an issue which falls within the policy domain of executive and is not an area for courts to venture into."I don't think these are issues where courts should issue general directions. Complexity of governance is an issue in which court cannot issue directions," the Court remarked.We cannot by judicial diktat, send them to school disregarding the possibility of a third wave, the Bench added. "Governments are answerable and conscious of the need of children o go back to school," the Court said..The plea filed by Amar Prem Prakash said that on account of indecision and vacillation on part of the Centre and several State governments and Union Territories including Delhi government, resumption of physical classes has not happened till date.The petitioner student sought directions to be issued to Centre and States to take a holistic, equitable, and speedy decision, with regard to the re-opening of schools to enable the student community to attend physical classes with adequate safeguards.The petitioner stated that he is echoing the sentiments and feelings of a large body of the student community of the country particularly the underprivileged and voiceless children, in raising this very vital issue.It was submitted that non-opening of schools have had ill-effects both psychological and physical on students..When the case was taken up for hearing, Justice Chandrachud remarked that the plea is misplaced."I am not saying this is a publicity gimmick but that is why children should not be involved in this. You should advise your client to study and instead of pursuing these constitutional remedies," he said.Advocate Ravi Prakash Mehrotra, appearing for the petitioner, submitted that malls and restaurants have opened while seeking to highlight the mental and psychological fall out of schools remaining closed. He also said that schools remaining shut is leading to students missing out on mid-day meals..The Court, however, maintained that these are issues which need to be considered depending on various localised factors."Let us leave it to the democratic way of life citizens have adopted and leave it to the government to take a call and the local authority to check where there is spike and where there are rising figures," the Bench remarked.These issues are fraught with grave complexity. we don't think we should enter here by judicial mandates, it added. The petitioner then proceeded to withdraw the plea..[Read Order]