Online school case BEFORE THE HONOURABLE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P. No: of 2019 Mr.M.A.Vimal Mohan —M/S J.RAVINDRAN (745/1997) M.SNEHA (688/1997) V.DINESH RAJA (1922 /2014) Counsel for the Petitioner
(Under Art. 226 of the Constitution of India)
BEFORE THE HONOURABLE HIGH COURT OF JUDICATURE
AT MADRAS
(Special Original Jurisdiction)
W.P. No: of 2019
Mr.M.A.Vimal Mohan
S/o Late Mr.M.Ananda Mohan
9/15, KKD Nagar,
Kodungaiyur,
Chennai – 600 118 …Petitioner
Vs.
The State of Tamil Nadu
Represented by its Secretary
Department of Education
Fort St.George
Chennai
The Director of School Education
DPI Campus, Chennai
Union of India
Represented by its Secretary
Ministry of Education
127- C Shastri Bhawan,
New Delhi
The Chairperson
CBSE Head Office
Shiksha Kendra
2, Community Centre, Preet Vihar,
Delhi – 110 092
CBSE Regional Office
New No:3, Old No: 1630A,
6th Avenue, Near Sridevi Hospital
Anna Nagar West, J Block
Chennai – 600 040 …Respondents
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AFFIDAVIT OF Mr.M.A.VIMAL MOHAN
I M.A.Vimal Mohan S/o Late Mr.M.Ananda Mohan, aged about 36 years residing at No:9/15, KKD Nagar, Kodungaiyur, Chennai – 600 118 do hereby solemnly affirm and sincerely state as follows:I submit that, I am the petitioner herein as such I am well aware and acquainted with the facts of the case from the available records and information.
I submit that, I am filing this writ petition as bonafidePublic Interest Litigation as a parent for the welfare of the student community and taking into consideration the plight of parents of students community. There is no personal or vested interest but purely in the interest and wellbeing of student community. I am ready to bear all other costs that I might have to pay if directed at a later stage. I have not filed any other writ anywhere else on the same cause of action seeking the same relief. I am an Income Tax Assessee and my PAN No:AUVPV2249P and my Aadhar Card No: 744749990326. I am an advocate practising in the High Court of Madras for the past 12 years and my enrolment No: 1822/2008. My source of income arises out of my legal profession only which is about Rs.5,00,000/- (Rupees five lakhs only) per annum.
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I submit that, due to the spread of pandemic COVID 19 the normal life of every individual has come to a startling halt, more so of the student community. Due to the outbreak of the pandemic, the educational institutions were closed from 20.03.2020, even before the academic year came to an end. The Government of Tamil Nadu, taking into consideration the safety and wellbeing of the students had cancelled the annual exams and had declared all students having been promoted to the next class. The Government of Tamil Nadu keeping into consideration the utmost safety and wellbeing had even cancelled the tenth board exams. The said act of the Government is indeed a laudable one which had brought great relief among the panic stricken society.
I submit that, on the one hand the Government of Tamil Nadu true to it being a welfare one had taken all measures to ensure the safety of the students, but on the other hand for reasons best known have failed to continue to ensure the same. All educational institutions under the guise of imparting education even during this pandemic at the ease of home, in the name of online classes are pushing young students to great mental and physical suffering.
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I submit that, due to the schools commencing online classes for all standards (Std 1 to 12), parents are forced to expose the children to smart phones and other similar gadgets with uninterrupted internet connectivity. The said exposure of young mind to smartphone and internet connectivity is hazardous to their physical health and also mental development.
I submit that for access to online classes one should be equipped either with laptop or with smartphones. Laptops are pricey and not every household can afford to each of their children, so the other only option is smartphone. It is well established by ophthalmologistand doctors world wide that continuous viewing of mobile phones is hazardous to the eyes as a result of which there is every possibility of individual that too young growing children to have impaired vision. The blue light which emanates from the mobile phones and laptops have the tendency to kill the cells in the retina which ultimately leads to blindness.
It’s no secret that blue light harms our vision by damaging the eye’s retina” said Ajith Karunarathne, PhD, assistant professor at the University of Toledo’s department of chemistry and biochemistry in a released statement
The professor and his team have conducted elaborate study and have come to a conclusion that any cells exposed to blue light for
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continuous period die. The truth being so, exposing the kids for 6 hours continuous viewing of smartphones in the guise of on line classes for 6 days a week and thereafter viewing of mobile phones to complete the task assigned to them by the school is nothing but knowingly pushing the children to a world of blindness. We being a welfare state and the future of the nation depends on the classrooms, one cannot be a silent spectator, especially the Government, to such kind of hazards to the young people who are the future vision of the nation becoming visionless. In this regard I have annexed various reports of leading ophthalmologist based on various studies and experiments conducted by them, which may be treated as part and parcel of this affidavit.
I submit that, when the reports and studies clearly show that prolong exposure to the blue light emanating from laptops and mobile phones leads to the death of cells in the retina resulting in blindness, the government by permitting educational institutions to conduct online classes for all standards that too for more than six hours a day is nothing but leading the nation to a visionless future.
I submit that, the above concern is the most important factor that has to be considered by the Government in permitting the educational institutions to carry online classes. Apart from it, there lies financial difficulty of families in providing smart phones and internet facilities to their children. There are innumerable
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families in the State who inspite of they earn their livings by daily wages and by being domestic help, who would send their children to private schools with a hope that the kids would lead a better life in future when compared to them. In those families affording smart phones and internet connections, that too in the present pandemic when all daily wages have no work, is nothing but a nightmare. There are homes where there are two or more school going kids, in such cases the situation is still worse. This causes great mental pressure to the parents as well as the kids which drives the parents and the children to untold misery and hardship wherein inequality in education steps in, people who can afford and people who cannot which is against the right to education guaranteed under our Constitution.
I submit that, it is pertinent to note here that the education in our State is uniform and known as SamacheerKalvi. The conducting of online classes only by private educational institutions and not by Government Schools is against the concept of SamacheerKalvi. The students who are studying in Government schools will be left behind in the academics when compared to the private institutions which is against the concept of equality and welfare state. The State can never permit such injustice to take place to students studying in Government Schools. This clearly brings in the taboo of differentiating the haves and have nots that too in the field of education.
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I submit that, apart from the above difficulties, by way of online classes the young students are exposed to various internet hazards. Internet facilities in the hands of very young children is nothing but inviting trouble to the family and society at large which will lead to polluting the young minds. The scenario worsens when both parents are forced to work and the children are left in the care of grand parents, who have no knowledge of technology and supervision of kids becomes a nightmare.
I submit that, it is pertinent to state at this juncture that the Government has constituted a committee of teachers, to look into the possibility of reducing the syllabus for students for the academic year 2020 – 2021. When the committee is working on it, the commencing of online classes is unwarranted and uncalled for. Moreover the Government of Karnataka had banned all online classes taking into the above consideration in the interest and welfare of the student community.
I submit that, our State being the pioneer of taking into consideration first the welfare of the society, should not permit online classes wherein the students are exposed to various hazards, health hazard being primary, and thereby put the students life and future at jeopardy.
I submit that, the situation is similar with the Central Board Education also. The students are exposed to online classes
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for more than 6 hours a day. I wish to bring to light before this Honourable court, that the Ministry of Human Resources Development are in the process of finalising norms of digital education in schools. In fact draft rules suggestions have also been made. When neither the Centre nor the State have framed any rules or guidelines pertaining to the conduct of online classes commencement of the same is arbitrary for the above stated reasons. Neither the Centre nor the State have granted permission to conduct online classes and have neither banned it. It is true that “Online classes are to become the new normal” but in the absence of any rules or guidelines framed on the advise of the educationalist, doctors and child welfare department continuing of online schools is nothing but voluntarily exposing the young students to physical and mental vulnerability which is hazardous to the student community and the society at large. Hence this writ petition in the interest of student community.
I pray that this Honourable court may be pleased to permit me to raise additional grounds in future if need arises.
It is therefore prayed that this Honourable court may be pleased to pass an order of interim injunction restraining the respondents their men and agents from permitting the conducting of online classes to standard 1 to V in all educational institutions all over the State till the disposal of the main writ petition and thus render justice.
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It is therefore prayed that this Honourable court may be pleased to pass an order of interim injunction restraining the respondents their men and agents from permitting the conducting of online classes to standard VI to XII for not more than two hours a day with intermittent break every 40 mts in all educational institutions all over the State till the disposal of the main writ petition and thus render justice
I therefore pray that this Honourable court may be pleased to direct the respondents to file a report obtained from renowned ophthalmologist with regard to the hazards caused in viewing smart phones and other gadgets emanating blue lights to the retina of the eye till the disposal of the writ petition and thus render justice.
For the reasons stated above it is respectfully prayed that this Honourable court may be pleased to issue a writ of Mandamus or any other writ or direction in the nature of writ directing the respondents to restrain all educational institutions all over Tamil Nadu from conducting online classes for not more than two hours with intervals till uniform rules and guidelines are framed in consultation with the expert bodies for conducting of online
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classes and pass any further similar other orders as this Honourable court may deem fit and proper in the circumstances of the case and thus render justice.
Solemnly affirmed and sincerely
stated at Chennai this the 18th
day of June 2020 and signed his name
in my presence.
Before – me
Advocate - ChennaiPg.No: 10& last
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MEMORANDUM OF WRIT PETITION
(Filed Under Article 226 of Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P (PIL) . No OF 2020
AFFIDAVIT
M/S J.RAVINDRAN (745/1997)
M.SNEHA (688/1997)
V.DINESH RAJA (1922 /2014)
Counsel for the Petitioner
9841123118
