SC stays HC order asking govt to pay for gadgets, internet to poor students

New Delhi: The Supreme Court Wednesday stayed a Delhi High Court order which directed the Delhi government to reimburse costs incurred by private unaided as well as government schools like Kendriya Vidyalayas' to provide gadgets and internet packages to students from economically weaker section (EWS) or disadvantaged group for online classes during the pandemic.

A bench led by the Chief Justice of India stayed the direction on a plea by the Delhi government, which argued that the judgment practically "rewrote the Right to Education Act". The top court issued notices to the relevant parties, including the NGO Justice for All, on whose petition the Delhi High Court had passed the order on September 18 last year.

A division bench of the high court had directed that cost of gadgets and internet package are not a part of tuition fee and have to be provided free of cost to these students by the schools, subject to the right of private unaided schools to claim reimbursement from the state in accordance with provision of the Right of Children to Free and Compulsory Education Act, 2009.

Senior advocate Vikas Singh, appearing for Delhi government, told the bench that additional burden has been put on the state by the high court verdict. "We are already spending a lot on the education front," Singh told the bench.

The bench, while observing that the apex court had earlier delivered a verdict on a similar issue in a case arising out of Himachal Pradesh, asked Singh to place that judgement before it.

While issuing notice, the CJI orally remarked that courts cannot create additional burden on the state.

The Delhi High Court had said that to separate EWS and DG students from others in the same class due to non-availability of a gadget or a device would generate "a feeling of inferiority" that may "affect their hearts and minds unlikely ever to be undone". It pointed out the pitfalls of the digital divide as well.

The court had said that, "Segregation in education is a denial of equal protection of the laws under Article 14 of the Constitution and in particular the Right to Education (RTE) Act, 2009."

The high court had said that section 12(1)(c) of RTE Act requires private unaided schools to provide free and compulsory elementary education to 25 per cent EWS/DG students and that means "education sans financial barrier".

The high court had also directed constitution of a three-member committee, comprising education secretary from the Centre or his nominee, Delhi government's education secretary or his nominee and a representative of the private schools, to expedite and streamline the process of identifying and supplying the gadgets to poor and disadvantaged students.

It had said the committee shall also frame standard operating procedures (SOPs) for identifying the standard of the equipment and internet package to be supplied to the poor and disadvantaged students.