W.P.(C) 2993/2020 Page 1 of 21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 24^th April, 2020

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W.P.(C) 2993/2020

NARESH KUMAR

..... Petitioner

Through:

Dr. N. Pradeep Sharma, Adv.

versus

DIRECTOR OF EDUCATION & ANR.

..... Respondents

Through:

Mr. Ramesh Singh, Standing

Counsel for GNCTD.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE C. HARI SHANKAR

D. N. PATEL, Chief Justice

2.

Consequent on the global devastation wrought by the

n-COVID-2019 pandemic, to which India is no exception, the

executive administration in this country has had to take certain hard-

hitting decisions, and to put in place a slew of curbs, restraints, and

containments, so as to minimise, to the extent possible, the societal

effect of the viral pandemic. Many establishments and offices, save

and except those which render essential services, or trade in essential

goods and commodities, have had to be shut down, and a near

complete lockdown imposed, on a national scale, completely

1.

The Court is convened through Video Conferencing.

2020:DHC:1816-DB

W.P.(C) 2993/2020 Page 2 of 21

prohibiting movement of the public in open spaces. This,

unfortunately, has resulted in hardship – albeit unavoidable – to

various persons engaged in their daily professions and occupations.

Alive to these considerations, the executive administration, both at the

Centre and in various States, including the Government of National

capital Territory of Delhi (GNCTD) have issued orders, instructions

and notifications, almost on a daily basis, aimed at mitigating the

difficulties faced by the common man.

3.

The situation, in which we are placed today, is one which the

country – and, indeed, the world – has not witnessed earlier and,

hopefully, would not have to witness again. It is incumbent, on every

member of the populace, to be aware of the forbidding nature of the

struggle, between man and microbe, in which each one of us is a

participant, willing or unwilling. A joint, cohesive and concerted

effort, alone, can result in success in this struggle. This would involve,

in its wake, certain sacrifices, which, within the peripheries of the law,

each one of us has to make. We cannot afford, in such a situation, to

balk at inconveniences.

4.

With this backdrop, we may turn to the Order, dated 17^th April,

2020, issued by the Directorate of Education (DoE), GNCTD, forming

subject matter of challenge in this writ petition. It is necessary, in view

of the nature of the controversy, to reproduce this order, in extenso,

thus:

“DIRECTORATE OF EDUCATION

GOVT. OF NCT OF DELHI

OFFICE OF THE DIRECTOR OF EDUCATION

2020:DHC:1816-DB

W.P.(C) 2993/2020 Page 3 of 21

OLD SECRETARIAT, NEW DELHI – 110054

F. No. PS/DE/2020/54

Dated:- 17/04/2020

Whereas, in such a situation, when all sections of

society are contributing their best to help out those in need, it

has been brought to the notice of the undersigned that some

ORDER

Whereas, the Disaster Management Act, 2005 and the

Delhi Epidemic Diseases, COVID-19 Regulations, 2020

under the Epidemic Diseases Act, 1897 for Prevention and

Containment of COVID-19 are in force in NCT of Delhi at

present. Hence all are required to comply with the provisions

of the same.

Whereas, everyone is aware that the outbreak of Novel

Corona Virus (COVID-19) has been declared as Pandemic by

WHO and at present, it is a major threat to life and, therefore,

a grave matter of concern in the country, being social

emergency life situation including Delhi. India is under a 21-

day Lockdown with effect from March, 24 2020 and people

are under strict directions to restrain from goin