"Governments are answerable too," Supreme Court refuses to hear plea seeking physical opening of schools

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The Supreme Court today refused to hear a petition filed by a Class 12 student seeking direction for the authorities to take a decision in regards to re-opening of schools.

A divisional bench of Justice DY Chandrachud and Justice BV Nagarathna noted, "We cannot pass a judicial diktat that you necessarily send your children to the school. Governments are taking decisions, schools are opening but this is not the way."

The petition filed through Advocate Ravi Prakash Mehrotra said, "The relentless and never ending deprivation of regular schooling and teaching in the congenial and academic environment of a student's educational institution, is leaving an indelible mark on the psyche of the student community and taking a heavy toll on their wellness and psychological mental framework, leading at times to depression and social reclusiveness."

The plea further sought direction for the state and the central governments to take a time-bound decision on the re-opening of schools in their territories, with adequate safeguards, and depending on the conditions and severity of Covid-19 in their respective areas.

However, Justice Chandrachud said, "Ask your child to concentrate on studies, see this prayer, seeking opening of physical operation of schools - I'm not saying that it is a publicity interest litigation, but the governments are answerable too."

Justice Chandrachud further added that we also read newspapers, we know what had happened to countries who opened schools earlier, we should be aware of all this. This is too sensitive in terms of social policy and scientific data."

The bench while allowing the counsel to withdraw the petition said that we do not have any data, we don't know how it will affect us.

Case Title: Amer Prem Prakash Vs. Union of India and Ors.