Delhi HC dismisses PIL challenging full reopening of school

Delhi High Court refused to hear a plea against the full reopening of schools while saying that the petition possessed no merit.

Observing that there is nothing to prove that the right to life of children will be endangered in the absence of data that children are at a high risk, the Delhi High Court refused to admit public interest litigation against the full physical reopening of Delhi schools considering concerns about the spread of Covid-19.

The High Court bench which was led by Acting Chief Justice Vipin Sanghi remarked that a balance needs to be struck while adding that children were losing more due to not attending school.

Dismissing the petition by lawyer Anand Kumar Pandey, the High Court Bench said that a plea lacking expert opinion cannot be entertained based simply on the petitioner’s apprehension.

The petitioner contended that since children under the age of 14 have not been vaccinated against Covid-19, they cannot be forced to attend their schools physically.

He had stated further that without any preparation or vaccination, permitting physical classes for students in the age groups of 4-12 and 12-4 will cause ‘catastrophic spread’ of Covid-19 infection in children.

Through his petition, the lawyer sought a direction to the Delhi government to recall the decision of full school reopening from April 1, till the vaccination of school-going children is complete.

The High Court told the petitioner, “The point is that there has to be a balance. Children are losing more by not attending school. There is no data to say that children are at a high risk of either contracting Covid-19 or getting severe Covid.”