Supreme Court Refuses To Consider Pleas Against Suspension Of Physical Classes Upto Std 5 In Delhi Due To Air Pollution

The Supreme Court on Wednesday refused to consider applications challenging the Delhi Government's order to suspend physical classes till the 5th standard from December 15, owing to the severely deteriorated air quality in the national capital.

The Court said that it was not inclined to intervene as the suspension of classes was only a temporary measure and that the winter break for the schools was commencing next week. However, the Court has left the matter for the consideration of the CAQM.

Senior Advocate Menaka Guruswamy told the bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi that the closure of the schools was affecting the poor people the most, as their children would be deprived of midday meals. She also questioned the rationale behind the decision, asking how school children were contributing to pollution.  Guruswamy said she was appearing for poor parents who continue to work outdoors despite the pollution, parking cars and working on the streets. She questioned whether the air inside their homes was any better than in classrooms and pointed out that the Supreme Court had earlier indicated that a hybrid option should be made available to parents. According to her, the current arrangement benefited only wealthy parents who could afford to keep children at home.

During the hearing, the CJI observed that the Courts cannot act as "super specialists" and sit in judgment over the decisions taken by the experts. The CJI also observed that the closure is only for a few days, as the schools are anyway closing next week for winter vacations.

Senior Advocate Siddharth Luthra appeared for parents who were seeking a hybrid option. CJI Kant observed that this can lead to discrimination, as "those who can afford (digital devices) will safeguard themselves and those who cannot will expose themselves." Luthra pointed out that people were anyway reluctant to step out before noon due to pollution levels, while school children were required to leave home early in the morning

Senior Advocate Aparajita Singh, the amicus curiae in the matter, informed the bench that while under the GRAP-IV measures imposed by the CAQM, hybrid classes are contemplated, the Delhi Government went beyond it and ordered the suspension of classes till the 5th standard. She said the idea of hybrid learning was meant to strike a balance. 

Additional Solicitor General Aishwarya Bhati, for the Government of the National Capital Territory of Delhi, said that the decision was taken on December 15 when the city got covered by a thick smog layer, causing the Air Quality Index worsen to alarming levels. She said that the decision was taken to safeguard the health of young children. Also, the suspension of classes will ease the traffic as well, the ASG added. Guruswamy replied that poor school children were not contributing to pollution at all, as they go to school by walking.

The amicus curiae told the bench that in the past, when such applications were filed, they were forwarded to the CAQM for their consideration.  

The bench however chose to decline interference. "We have heard the ld Sr Counsel regarding the direction sought for closure of schools and holding it online. We are informed that schools for children upto age of Nursery to class 5 are closed temporarily, and the winter break will start soon. Hence, there is no need for this court to intervene," the bench observed in the order.

Case Title – MC Mehta v. Union of India WP (C) 13029/1985