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A bench of Justices Abhay S Oka and Augustine George Masih noted that the students were being deprived of mid-day meals and lacked wherewithal to attend virtual classes.
The restrictions on physical classes of schools and colleges were imposed recently due to severe air pollution. (File image)
The Schools across Delhi-NCR are expected to reopen in a day or two after the Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) to consider resuming physical classes in the region which were discontinued due to high air pollution levels.
A bench of Justices Abhay S Oka and Augustine George Masih noted that the students were being deprived of mid-day meals and lacked wherewithal to attend virtual classes. The bench further observed that a significant number of students do not have air purifiers at home, suggesting there may be little difference in air quality exposure whether children stay at home or attend school.
“The CAQM is expected to take a decision during the course of the day or latest by tomorrow morning so that it can be implemented from Wednesday,” the bench said.
Since last week, schools in the region have shifted to online classes after the suspension of physical classes due to implementation of Graded Response Action Plan (GRAP) IV restrictions amid severe air pollution levels.
The schools in the national capital along with in other NCR districts of Noida, Ghaziabad, Faridabad and Gurugram remained closed and operated online till Monday. The decision to keep the schools closed till November 25 was taken independently by the respective authorities after Delhi’s AQI remained in Very Poor category.
Meanwhile, the Gautam Buddh Nagar district Inspector of Schools issued an order stating the suspension of physical classes and continuation of online classes from pre-primary to class 12 till Tuesday, November 26 due to the deteriorating air quality levels in the district.
The court also observed that that due to the implementation of GRAP 4 rules, many sections of society, including the daily wage labourers, have been adversely affected. the bench said all states must use funds collected as labour cess to provide subsistence to them.
“We direct all the states to use funds collected as labour cess to provide subsistence to construction workers when such work is prohibited and all states shall comply with the same. Action should be taken immediately,” it observed.
The top court slammed the authorities for failing to implement measures related to curbs on construction and entry of polluting vehicles into Delhi-NCR, and ordered the CAQM to initiate action against the officials of Delhi government and Delhi police for a “serious lapse” on their part.
“It is apparent that the authorities mentioned in GRAP-IV clauses 1, 2 and 3 have made no earnest effort to implement action under clauses 1 to 3. Some police teams were deputed at few entry points that also without any specific instructions. (Court) commissioners have noted that police were only deployed as on November 23 and thus a serious lapse on part of authorities. We, therefore, direct commission to immediately initiate action under Section 14 of CAQM Act 2021,” the bench underscored.
However, the court declined to relax anti-pollution GRAP-4 restrictions in the region, stating that it would consider reducing the curbs only if there was a consistent improvement in the Air Quality Index (AQI).
The national capital, which has been enveloped in a toxic smog for weeks, is battling adverse air pollution levels. Earlier in the day, however, there was marginal improvement as the air quality index (AQI) turned from ‘very poor’ to ‘poor’, as per data from the Central Pollution Control Board (CPCB).
An AQI between zero and 50 is considered ‘good’, 51 and 100 ‘satisfactory’, 101 and 200 ‘moderate’, 201 and 300 ‘poor’, 301 and 400 ‘very poor’, and 401 and 500 ‘severe’.
(With inputs from agencies)
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