In an application seeking direction to respondents that teachers may be allowed to take classes through virtual mode till the pandemic is over or direct the authorities to make arrangements for the connectivity in Schools through multimedia.
A Division Bench of J&K High Court Comprising Chief Justice Gita Mittal and Justice Puneet Gupta after hearing counsel for the applicant issued notice to Education Department which was accepted by Sr. AAG NH Shah.
DB also directed Sr. AAG inform this Court about the measures being taken to ensure compliance with the Standard Operating Procedures (SOPs) and the Covid guidelines on the issue of reopening of Schools at this stage. In view of the seriousness of the issue as stated in the application, the reply shall be positively filed within one week from today.
In the application petitioner seeks direction to the Principal Secretary to Government, School Education Department, J&K, may be directed to continue with the virtual mode teaching process to the students’ community and the teaching staff of the School Education may be allowed to conduct the teaching process as per the virtual mode from the respective residences as the same is beneficial to the students in contrast to the physical attendance in Schools.
It has been also submitted that if at all the Schools are resolved to be opened, the same may be done in consonance with the SOPs and guidelines issued by the Government of India as well as the Government of Union Territories of Jammu & Kashmir and Ladakh.
It has further seek direction to Director School Education to publicize the restrictions on the opening of schools or attendance of staff within containment zones in furtherance to the standing SOPs and guidelines. Wide Publicity of such restriction may be conveyed through print and electronic media and the Director School Education Departments Jammu / Kashmir may be directed to provide the list of Schools within the containment zones of Kashmir Province that have recorded the attendance of teachers after the impugned administrative
instructions to facilitate the action for the breach of Disaster Management Act and all others directions having force of law.
The teachers may be allowed to take classes through virtual mode till the pandemic is over or direct the authorities to make arrangements for the connectivity in Schools through multimedia.
It has been further sought direction to the Chairmen, District Disaster Management Authorities of Jammu & Kashmir may to implement the provisions of Disaster Management Act, 2005 and see as to whether the Covid-19 SOPs laid down are being fulfilled by the authorities of School Education Department, J&K and publicize the list of the containment zones / restrict zones / red zones to
the general public more particularly to the student community as well as the teacher community and furnish a list whosoever have violated it to this Court. JNF