New Delhi, Nov 25 (UNI) The Supreme Court on Monday directed the Commission for Air Quality Management (CAQM) to review the decision on the closure of schools in the national capital region, particularly for classes 10 to 12.
A Bench Comprising Justice Abhay S Oka and Justice Augustine George Masih said the decision be reviewed as many of the students are losing access to mid-day meals and do not have air purifiers at home.
The Court directed that the decision be taken either today or tomorrow.
This was after an application was moved by parents of some students for the opening of schools.
The Court was hearing the parties to decide on the issue of whether or not to continue with emergency measures under Stage 4 of the Graded Response Action Plan (GRAP) to deal with air pollution in Delhi.
Senior Advocate Gopal Sankarnarayanan told the court that right now the AQI numbers are at 600.
The Bench asked the Senior Advocate to show the commissioner’s report.
GNCTD Counsel said, there are 10 points in the report.
The Court said, “Without seeing the report we can say that there are no checkpoints still”.
Justice Oka said, “We wanted to know if there are check posts which prohibited the entry of such trucks.”
Commissioner counsel said, “There was no personnel from Delhi government transportation wing ..check was happening but how effective it was had to be seen..we saw all 83 checkpoints and all had some definition of check posts.
They were jumping in the middle of the road to stop trucks, police would have died, no barricading as well.
He further said that the trucks were being checked by private operators and then no separate police force was entrusted for this work.
Justice Oka said, show us the Delhi Government’s order which issued teams for such manning of points.
Municipal workers, civil defence workers and Delhi police officials manned the exit points.
The Bench asked, “So from 18th to 23rd November the Delhi Govt violated the grap IV guidelines and allowed the entry of such trucks..show us direction to the police.. if there is no such direction how will they work.
Senior Advocate Shadan Farasat appearing on behalf of the Delhi Government said. “let me check.”
Justice Oka said we will direct section 14 prosecution against all such Delhi Government officers who violated it.
The bench asked, “What steps did the Delhi govt take to inform the people that trucks will not be allowed entry from the 13 entry points?
Additional Solicitor General (ASG) Aishwarya Bhati said, “ I have got instructions that written order was issued to all such 23 points by the CAQM when GRAP 4 was implemented.. it was on all 23 points.
The bench asked, were the posting of police at the 23 points and not others was negligence.
Justice Oka said, “Okay we will direct prosecution against the commissioner of Delhi then!
ASG Bhati said, “These are not new entry points at all MCD checkpoints there.
Justice Oka asked whether every entry point was covered under GRAP IV. We will ask the commission to issue show-cause notices to all the agencies mentioned here and prosecute them. Anyway show us AQI figures, the Court said.
Senior Advocate Gopal Sankarnarayanan said, “It was above 500 today morning.
ASG Bhati said these are CPCB manned figures, even handheld devices give data but that cannot be relied upon!
Sankarnarayanan said dilution of any measures should not take place now.
Justice Oka asked, but what about children who do not have internet?
Sankarnarayanan said it is the same as with cleaners and others who do not have access to the internet.
The bench said, “You are arguing as if we are relaxing all norms and trucks will be allowed entry now. We need AQI figures by the day after tomorrow and then compare them with last year. After we examine, schools can re-open then.
The bench said, “As far as education is concerned, let the stage resume.. as it was in GRAP III.
Sankarnarayanan said, “ I thought the court would wait for a few more days and then so many buses, vans etc.. plying children.. we did it in covid etc..
The Court said Covid was different. if we had data we could have ordered physical classes for those schools that cannot hold online classes.
Justice Oka asked, “What we propose to do is as far as education is concerned.”
Sankarnarayanan said, “The impact of sending several students via public transport, private transport etc is something to be considered. If all of us will not make sacrifices the situation will not improve. ”
Amicus Curie said, “There are many children who would have a problem with reopening. Maybe they have respiratory problems and the parents are not playing etc. If there is an option for hybrid classes so those children may be permitted to join virtually they have the infrastructure.
Senior Advocate Menaka Guruswamy said, “For primary schools, 56% of Delhi’s reliant on those schemes. There are children under either RTE or go to government schools. 20 lakh government school children, 6.5 lakh RTE students. They go to the school, access the infrastructure, get access to air purifiers and have that mid-day meal.
Guruswamy said that even if there is no member from the education sector in the CAQM they can still regulate the education sector.
The Court appreciated the role of the 13 members of the bar who were appointed as Commissioners for the work they had done.
“Their appointment as Commissioner will continue and they will have to continue their visits to various entry points and keep on submitting the reports to the court,” the bench said.
“It is apparent that the authorities which are mentioned against item numbers 1, 2 and 3 of stage 4 of GRAP have made no earnest effort to implement the action in terms of clauses 1 – 3,” The Court said.
“Some police teams were deputed at a few entry points that also without any specific instruction. In fact, the report of the court commissioner indicates that at most of the entry points the police were posted after the order of this court of November 23, the court noted.
There is a serious lapse on the authorities mentioned against clauses 1 – 3, “ The Court said.
The Bench said, “We therefore direct the Commission to immediately initiate action in terms of section 14 of the CAQM Act 2021.”
The Bench directed, “Let all 13 court commissioners continue to work… it is apparent that authorities mentioned in GRAP IV clauses 1 to 3 have not made any earnest effort to implement action under clauses 1 to 3. Commissioners have noted that police were only deployed on November 23 and thus a serious lapse on the part of authorities in clauses 1 to 3. Thus we direct commission to initiate action under section 14 of CAQM Act 2021.
The Bench said, “Unless the court is satisfied that there is a consistent downward trend of AQI we cannot order to go below stage 3 or stage 2.
The Bench also directed 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, the bench directed.
The bench noted that several sections of the society are adversely affected due to GRAP IV and the commission has all the powers under the act to issue directions to various authorities to ensure that persons in the category of labourers and daily wagers do not suffer, thus we direct commission to take several mitigating measures under section 12 of the act.”
The Bench said, “A chart on AQI in NCR region has been submitted by ASG and it shows AQI from November 20 to 23 ranges from 300 to 419. We direct the commission to place the updated data on the next date so that the court can take steps on grade 4 measures.
The Court said, “We direct the commission to consider relaxation in terms of clause 5 and clause 8 concerning educational institutions as well as clause 11 of grade 3 measures.
“The commission will have to consider relaxing norms as a large number of students cannot avail mid-day meals and a large number of children cannot access air purifiers and not much difference in the air outside and inside the place.”
Let the commission take a decision at the earliest even without a copy of the order and the ASG can inform the same, the court said.
“The commission shall also decide on the continuation of physical classes for 10th and 12th.”
The Bench further said, “We are leaving it to the commission to decide the norms which are otherwise applicable under stage 3 and stage which can be otherwise relaxed or exceptions be carved. we expect a decision to be taken latest by today or tomorrow morning.
The bench said that the actions under stage 4 relating to Delhi concern the entire territory of the national capital territory of Delhi.
Schools in Delhi NCR may reopen, the Supreme Court said and allowed the CAQM to consider allowing offline schools.
The court listed the matter for further hearing at 3.30 pm on Thursday.
