The Supreme Court on Wednesday refused to interfere with the Delhi government’s decision to suspend physical classes for students up to Class 5 from December 15, citing hazardous air quality in the national capital. Observing that the measure was temporary and that schools were anyway set to close for winter vacations shortly, the Court left the issue to be examined by the Commission for Air Quality Management (CAQM).
A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was hearing applications challenging the Delhi government’s order suspending physical classes from Nursery to Class 5. The Bench noted that it was not inclined to interfere with what appeared to be a short-term administrative decision taken in response to an emergent public health situation.
Senior Advocate Menaka Guruswamy, appearing for a group of parents, contended that the closure of schools disproportionately affected children from economically weaker backgrounds. She pointed out that many such children relied on schools for midday meals and questioned the logic of suspending classes when young children were not contributors to air pollution. Guruswamy argued that parents from poorer households continued to work outdoors despite the pollution and asked whether the air quality inside their homes was any better than in classrooms.
She further reminded the Court that it had earlier indicated that a hybrid mode of schooling could be considered, submitting that the present arrangement effectively favoured families who could afford to keep children at home.
Responding to these submissions, the Chief Justice Kant remarked that courts could not function as “super specialists” by second-guessing decisions taken by expert authorities. CJI also noted that the suspension was for a limited duration and that winter vacations were scheduled to begin the following week.
Senior Advocate Siddharth Luthra, appearing for another set of parents seeking a hybrid option, highlighted that pollution levels were particularly severe in the early mornings when children were required to travel to school.
The CJI, however, cautioned that a hybrid system could itself create inequities, observing that those with access to digital resources would be better placed to protect themselves, while others would remain exposed.
Senior advocate and amicus curiae Aparajita Singh informed the Court that while GRAP-IV measures issued by the CAQM envisaged hybrid learning, the Delhi government had chosen to suspend physical classes entirely for younger children. She explained that the hybrid model was designed as a balancing mechanism.
Additional Solicitor General Aishwarya Bhati, representing the Delhi government, said the decision was taken on December 15 after the city was engulfed in thick smog, with the Air Quality Index reaching alarming levels. She submitted that the move was aimed at safeguarding children’s health and would also help ease traffic congestion.