Citizen questioning govt SOP for online edu acting against nation: HC

NAGPUR: Disposing of a challenge to Maharashtra government’s Standard Operating Procedure (SOP) of June 15 for regulating e-learning in schools, the Nagpur bench of Bombay high court tersely observed that if it encourages online education, any citizen questioning its intentions and purposes, would only be acting against the interests and well-being of his own country.
“A citizen of India may come across some issues in SOP’s effective implementation.But his duty would be to point out those to the concerned authority, so that necessary corrective measures are taken,” a division bench comprising justices Sunil Shukre and Shreeram Modak said.
Contending that the SOP has created a digital divide between students in urban and rural areas, petitioner Imran Israel Sheikh through counsel Sumeet Bodhalkar charged the government with miserably failing to consider multiple factors, including difficulty faced by students from weaker sections.
He said it’s a known fact that corporation schools as well as those situated in rural areas lack infrastructure in terms of access to internet and digital literacy among teachers as well as students.
Refusing his prayers, the judges, however, clarified that they’re of prima facie impression that the plea represents only a regressive step in the field of education.
“The petition doesn’t point out any inherent contradictions, defects and lacunae in SOP, so as to term it arbitrary, irrational or unreasonable and hence amenable to interference by HC on the ground of violation of any fundamental right to education. All the issues attempted to be raised, basically relate to SOP’s implementation. If there are any difficulties, they could be sorted out by the state, and if required also by the centre, provided they are appropriately pointed out.”
The bench further pointed out that the petitioner hasn’t approached any government for removal of the lacunae. “Today, we’re in 21st century where the world is being governed digitally in a greater way. Therefore, the SOP which prescribes e-learning and promotes digital and virtual methods of learning can be hailed as a big progressive measure by the government in making digital position of India stronger and firmer in the Comity of Nations.”
Adding that the difficulties pointed out by petitioner are factors external to policy, the judges said when those can be corrected, it can’t be termed as defective or unconstitutional. “It’s only when there are inherent defects or lacunae in the policy or the external factors are of nature which are irremovable or beyond repairs, then only it could be blamed as the one inherently defective and hence, adversely affecting the fundamental right to education.”
WHAT HC SAID
* Today, we’re in 21st century, where world is being governed digitally in a greater way
* SOP can be hailed as big progressive measure in making digital position of India stronger & firmer
* Citizen’s duty is to point out discrepancies to authorities, so that corrective measures are taken
* Prima facie impression is petition represents only a regressive step in field of education
* It doesn’t point out any inherent contradictions, defects & lacunae in SOP of June 15
* Petitioner should first approach concerned authorities for what he sees as defects or lacunae