Don't forget lessons learnt during pandemic, virtual mode opens up possibilities: Madras High Court

The Madras High Court on Thursday noted that the virtual mode of operation, whether in Court hearings or for conducting educational classes, necessitated by the COVID-19 pandemic, has had various advantages that can be utilised in the future as well. (Nervazhi Iyakkam Trust v. Union of India).The Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu also appealed to nodal organisations such as the University Grants Commission (UGC) and the All India Council for Technical Education (AICTE) to not be unnecessarily rigid when it comes to permitting the conduct of educational courses through the virtual mode. ."Papers have been filed by both UGC and the AICTE indicating how several courses are permitted online while others are not. It may do well for all these nodal bodies to revist the matter without being unnecessarily rigid so that education may be more accessible ... ", the Court said. .Save for when practical exercises need to be conducted or such like consideration calls for the physical conduct of classes, virtual classes can be conducted, Chief Justice Banerjee observed during the hearing. .He added that virtual classes can open up a world of opportunities for students, especially persons with disabilities who face locomotor challenges or those who cannot afford residential accommodation or when they are unwell . This new mode (virtual) has come to stay and it must be availed as far as possible, the Chief Justice orally opined. .If virtual classes are offered, students can be thereby offered a choice to attend classes either virually or physically, subject to the relevant rules and regulations put in place, the Court said. .As far as court hearings are concerned, the Bench noted that lawyers and litigants have stood to benefit in several ways with the introduction of virtual hearings. ."One of the side effects of the pandemic was the conduct of several activities - not the least of them, court hearings - on the virtual mode. While it is still stressful for virtual hearings to be conducted or primarily because of the quality of connectivity at times, if the quality of the connection is appropriate, it opens up a lot of possibilities. Litigants who would have found it incovenentient to attend Court proceedings because of the possible period of waiting can now log on at the time when their matters is taken up and observe the proceedings without taking the trouble of coming to court and having to waste the day in the process. Similarly, lawyers dont need to travel long distances and have the convenience of their chambers to participate in the virtual hearings. If nothing else, a lot of resources involved in travelling, not to speak of, time, saved", the Court observed, in its order. .The Court made these observations while disposing of a public interest litigation (PIL) petition filed earlier this year seeking directions for the formulation of a scheme to vaccinate students, teachers and non-teaching staff in higher eduction institutions amid the COVID-19 pandemic. .The scope of the case was expanded with the Court aiming to stir some thought or interest in the virtual mode of operations has to be resorted to in the wake of the pandemic.."The idea of the Court was to initiate a discussion to continue some form of education on the virtual mode, whether as a substitute for the pshycial mode or in addition to the physical mode or as a combination, as in the hybrid form of hearings undertaken in courts", the Court said. .The matter was disposed of today after the Court noted that most students involved in higher education together with teaching and non-teaching staff have largely been vaccinated or given an opportunity to do so..On a parting note, the Court expressed hope that life can return to normal while the lessons learnt from the pandemic, in terms of conducting business or education, are not forgotten "so that the virtual mode of operation can go hand in hand with the physical mode.".Advocate Sricharan Rangarajan appeared for the petitioner, advocate V Sudha appeared for the UGC, advocate Subha Ranjani appeared for the National Medical Commission, advocate K Srinivasamurthy appeared for the Union of India, advocate R Anitha appeared for the State authorities, advocate SR Ragunathan appeared for the Bar Council of India, advocate Rabu Manohar appeared for the AICTE, and advocate MT Arunan appeared for the Pharmacy Council of India..[Read Order]