New Delhi: The Supreme Court on Wednesday declined to interfere with the Delhi government’s decision to move students up to Class V from a hybrid learning system to fully online classes, citing serious health risks posed by rising air pollution and holding that such policy decisions are best left to the executive.
A bench headed by Chief Justice of India Surya Kant observed that despite repeated judicial interventions, most measures taken to control air pollution in the Delhi-NCR region appeared to have failed. In view of the extreme situation and the approaching winter break for schools, the bench, also comprising Justices Joymalya Bagchi and Vipul M Pancholi, said there was no reason to disturb what it termed a temporary arrangement.
The court remarked that with schools already nearing their winter vacation, the shift to online classes could be treated as an early break if it helped shield young children from the adverse effects of polluted air. It added that the focus should instead be on ensuring more effective preventive measures in the future.
The bench was hearing petitions challenging the Delhi government’s December 15 directive mandating fully online classes for students from nursery to Class V, issued amid a sharp deterioration in air quality and the enforcement of Stage IV restrictions under the Graded Response Action Plan.
Senior advocate Menaka Gurusamy, appearing for parents opposing the decision, argued that the move disproportionately impacted children from economically weaker sections. She submitted that while parents continued to commute in polluted conditions, many children were confined to homes lacking clean air, adequate space or access to air purifiers. She also highlighted that school closures deprived several children of mid-day meals, which for some constituted their only nutritious food intake.
The court, however, was not persuaded, stressing that it could not act as a “super-specialist” in matters involving public health and governance. The bench questioned whether it could be reasonably assumed that daily travel to and from schools posed no health risk to young children, and reiterated that such temporary measures in extreme situations should be left to policymakers.
Amicus curiae and senior counsel Aparajita Singh pointed out that the GRAP framework itself envisaged a hybrid model and suggested giving parents the option to choose. The bench expressed concern that such an approach could lead to inequity, with some children exposed to health risks while others, whose families could afford safeguards, remained protected. It questioned whether such differential exposure would amount to discrimination once the state had acknowledged a serious health threat.
Senior advocate Sidharth Luthra, representing another group of parents seeking a hybrid option, also failed to convince the court to issue uniform guidelines or intervene in the matter. The bench reiterated that the decision was neither permanent nor arbitrary and was meant to operate only for a limited period.
Appearing for the Delhi government, Additional Solicitor General Aishwarya Bhati told the court that the decision was taken after air quality levels worsened sharply over the weekend. She assured the bench that the order would be reviewed and modified as soon as there was an improvement in pollution levels.
Addressing concerns over the impact on poorer children, the court cautioned against viewing the issue purely through an economic lens. It emphasised that the immediate need was to adopt pragmatic measures and prioritise the health and safety of children.
In its order, the Supreme Court held that no interference was warranted at this stage, particularly with the winter break close at hand. It disposed of the applications while leaving it open to the Commission for Air Quality Management to consider, in future, whether schools should be closed, operate in hybrid mode or function with or without parental choice, depending on prevailing conditions.
The Delhi government’s latest directive marked a tightening of its earlier position. While a December 13 circular had allowed schools to operate in a hybrid mode for students up to Class IX and Class XI, worsening air quality led authorities to mandate fully online classes for younger children, citing their heightened vulnerability to pollution.
