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2020 Supreme(Mad) 572
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.M. SUNDRESH, R. HEMALATHA, JJ.
R. Bharaneeswaran – Appellant
Versus
The Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Chennai & Others – Respondents
W.P. Nos. 8446, 7976, 7982, 8477, 8639, 8804 of 2020 & W.P(MD) No. 6645 of 2020 & W.M.P.(MD)Nos. 5993 & 5995 of 2020 & W.M.P. Nos. 9414, 9423, 10224 to 10226, 10168 of 2020
Decided on : 09-09-2020
For the Appellant :S. Prabakaran, A. Syed Kaleesha, P.J. Rishikesh, C.M. Arumugam, R. Krishna Kumar, J. Ravindran, Leo Valam Leonard, Ajay Francis Inigo Loyola, Advocates.
For the Respondents:Vijay Narayan, assisted by G.K. Muthukumar, Spl GP, V. Jayaprakash Narayanan, Narmadha Sampath, Addl. Advocate General assisted by C. Munusamy, Spl. GP (Education), R. Sankaranarayanan, Addl. Solicitor General assisted by Venkataswamy Babu, L.J. Venkatesh, T. Gowthaman, Advocates.
The main legal point established in the judgment is that the guidelines for digital education should be treated as mandatory and must be strictly complied with by all stakeholders, particularly the schools.
Headnote:
Education - Online Classes - G.O.(Ms) No.199 dated 20.04.2020 - PRAGYATA Guidelines for Digital Education - [SUMMARY OF ACT SECTIONS]
Fact of the Case:
The court addressed concerns regarding the usage of online classes for school students, emphasizing the importance of education in character formation and the role of teachers. The court considered the guidelines issued by the Central Government and the State Government, focusing on the well-being of students and the implementation of digital education.
Finding of the Court:
The court found that the guidelines for digital education should be treated as mandatory and must be adopted and followed by all stakeholders, particularly the schools. It emphasized the need for strict adherence to time limits for online classes and the blocking of obscene content. The court also directed the establishment of monitoring committees at the district level to ensure compliance with the guidelines.
Issues: The court addressed concerns related to the implementation of online education guidelines, including the prevention of obscene content, time limits for classes, and the availability of devices for students. It also considered the need for end-to-end encryption and the translation of guidelines into local languages.
Ratio Decidendi: The court held that the guidelines for digital education should be treated as mandatory and must be strictly complied with by all stakeholders. It emphasized the importance of addressing the challenges faced by students and parents in accessing online education, and the need for monitoring and supervision at the district level.
Final Decision: The court issued specific directions to ensure the proper implementation of the guidelines, including measures to block obscene content, strict adherence to time limits for classes, and the establishment of monitoring committees at the district level. The court also allowed for future applications to be filed by the parties in response to the evolving stand of the State and Central Government.
ORDER :
M.M. Sundresh, J.
(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing respondents 1 to 3 to prohibit online classes for School Students through video conferencing or any other online platforms and ensure strict adherence and compliance to the implementation of G.O.(Ms) No.199 dated 20.04.2020.)
1. The purpose and object of education has been misunderstood by us for quite sometime along with the role to be played by the teachers. Education is not mere imparting of knowledge. A mere knowledge in literacy, as we understand in common parlance, can never be termed as education. It is one’s own growth of wisdom, compassion, character followed by conversion into action that would constitute education. A great nation is built on a character of its own citizens. It transforms into the character of the nation leading to its progress achieved through a value system. The great Swami Vivekananda describes the said concept as under:
“We want the education by which character is formed, strength of mind is increased, the intellect is expanded, and by which one can stand on one’s own feet.”
2. The Greek philosopher Plato succinctly explains education through his beautiful words “not as it were to fill an empty vessel but to turn the eye of the soul towards light.”
3. Dr.Sarvepalli Radhakrishnan explains education through the following statement “Education is the means by which we can tidy up our minds, acquire information, as well as a sense of values. Education should give us not only elements of general knowledge or technical skills but also impart to us that bent of mind, that attitude of reason, that spirit of democracy which will make us responsible citizens of our country.”
4. A man is both a creator and destroyer. Therefore, he is his own future. A better future can only be secured through the younger generation, existing and awaiting. As observed by Dr.Sarvepalli Radhakrishnan, who himself is a great and acclaimed Teacher, a mental decay, degradation and decadence is far more dangerous than the physical. The only way to remove and eradicate the same is by way of Education. Today, we have problems galloped. The process of creating a good citizen has got multiple roadblocks created by various factors. Thus, Education will have to address this seminal issue without deviating towards more literacy in imparting knowledge without character.
5. For building a great nation, the role of a Teacher is singularly important. With the onslaught of information pouring through the technology, it is imperative to make sure that the children are groomed in the right way. As we know, technology as such cannot be faulted but only its wrong usage. We are concerned in these batch of cases on the right use of technology in imparting education which by the definition mentioned earlier would only be construed as “growth of wisdom”.
6. We have heard the learned counsel appearing for the parties. Due publication is also made giving information of the pending cases enabling the schools to participate.
7. All these writ petitions have been filed expressing concerns on the usage of online classes hastened by the pandemic. It has become one of necessity than option, as schools are yet to re-open having found that the children will be more vulnerable to the dreaded disease.
8. There are many questions that pop-up for consideration. These questions would involve the problems in the usage of technology qua online classes, the roles to be played by all the stakeholders, namely, the instrumentalities of the State, Schools and the Parents. Another important factor is on the social divide which unfortunately gets widened through imparting of the present education between the rich and the poor through varied curriculum, methodology and facilities. Thus, education does in a way create more imbalance instead of reducing it. We may also note the rightful step that has been taken by the Union of India in this regard
