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regular-article-logo Sunday, 13 October 2024

SC stays Kerala govt’s decision to conduct offline Class XI exams

The bench observed that the Covid-19 situation was 'alarming' in the state

Our Legal Correspondent New Delhi Published 04.09.21, 12:57 AM
The court observed that the earlier exams were conducted before April, after which the second wave exacerbated the situation and Kerala continues to witness a rapid surge of cases.

The court observed that the earlier exams were conducted before April, after which the second wave exacerbated the situation and Kerala continues to witness a rapid surge of cases. File picture

The Supreme Court on Friday stayed for a week the Kerala government’s decision to conduct offline Class XI exams, observing that the Covid-19 situation was “alarming” in the state.

“There is an alarming situation in Kerala. It accounts for more than 70 per cent cases of the country, with around 35,000 daily cases. Children of tender age can’t be exposed to this risk,” Justice A.M. Khanwilkar, heading a three-judge bench, told the state’s counsel C.K. Sasi.

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The bench also comprising Justices Hrishikesh Roy and C.T. Ravi Kumar rejected the argument of the counsel that there was no apprehension of any spread of Covid-19 on account of the offline exams scheduled from September 6 as according to him the state had successfully conducted offline exams for Classes X and XII.

The court observed that the earlier exams were conducted before April, after which the second wave exacerbated the situation and Kerala continues to witness a rapid surge of cases.

“…We find force in the submission made by the counsel for the petitioner that the state government has not seriously considered the prevailing situation before having physical exam proposed to be conducted from September 6. As we were unable to get a satisfactory response from counsel for the state in this regard, we grant interim relief staying offline exam for till next date of hearing…” the bench said, while posting the matter for hearing on September 13.

The bench passed the order after specifically asking the counsel whether the state was willing to give an assurance that not a single child would be affected if the court permits the government to go ahead with the exams and receiving a negative response.

Justice Roy said as he was earlier the Chief Justice of Kerala High Court, he knew the state has one of the best health facilities, but yet it failed to contain the rapid surge of Covid cases.

Justice Kumar, who hails from Kerala High Court, also endorsed the view.

Earlier, P. Padmanabham, counsel for the petitioner Rasoolshan, assailed the state’s decision to conduct the offline exam for Class XI despite the fact that Kerala was accounting for 70 per cent of the total Covid caseload in the country.

The petitioner moved the apex court by way of a special leave petition after Kerala High Court declined to interfere with the state government’s decision to go ahead with the exams.

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