Plea in Delhi HC seeks return of teachers to schools, relief from Covid duty

New Delhi [India], October 4 : A petition has been moved in the Delhi High Court seeking to relieve all Directorate of Education (DoE) and Municipal Corporation of Delhi (MCD) school teachers from COVID duty and immediately posting them back to respective schools to impart education to students.
Social Jurist, a Lawyer Group through the petition seeking direction to respondents including Delhi Government and all civic bodies to ensure that all District Magistrates relieve all teachers including TGT, PGT, PRT, Miscellaneous, Teachers deployed in name of COVID elsewhere posted back to their respective schools for imparting education to students.
The inaction on the part of respondents violate the fundamental Right to Education of over 26 lakh students studying in Delhi Government and MCD run schools, goes contrary to the letter and spirit of Delhi High Court earlier order passed in 2001, according to which teachers are required to be present in schools to teach students.
The Petitioner states that Delhi Disaster Management Authority (DDMA) by order dated August 30 has allowed physical classes for classes IX to XII with practical and project work in the laboratory has already been started w.e.f September 1.
The plea submitted that CBSE first term examination for classes X and XII is likely to take place in the month of November 2021.
As such services of teachers for classes IX to XII is crucial at the juncture for preparing students for Mid-term, Pre-Board and Board Examination. However, over 70 per cent of teachers of relevant classes are working with the Delhi government Administration on COVID duty and not in schools which is affecting the academic activity and Board preparation of students. This may adversely impact the result and future of students.
Petitioner seeks contempt action against respondents and alleges willful disobedience of the order dated December 20, 2001, passed by the Division Bench whereby the Court had directed the respondents to adhere to the time schedule for recruitment of teachers for the years 2003 and thereafter every year as stated in the order.
"The petitioner submits that the objective, intent and purpose of 2001 passed was to ensure zero vacancies at the commencement of the academic year. However, due to willful negligence and disobedience of the aforesaid order of the Court by the respondents, such a situation is elusive," the plea said.
"The longer the children are out of school, the more difficult it would be for them to return and learn. The decision to open the schools was a warm welcome. Children are mostly asymptomatic and are less likely to spread the virus when compared to adults. Schools are more safer place for children. Due to the Coronavirus pandemic, schools were shut for more than a year and a half since April 2020. Children could not meet their friends, suffered mental illness, some faced violence, missed critical development and has now turned into acute child rights crisis. Online learning is not a proper substitute for in-person learning. Many children have been excluded due to digital device," the plea read.