Telangana HC: No child can be compelled to attend school physically

On 24th August, 2021 a memo was issued by the Government directing all private and government schools to commence classes physically from 1st September, 2021. A petition was moved in the High Court of Telangana challenging the said memo.

The High Court observed that there is no vaccine invented as yet for use on children below 18 years and complete vaccination of all adults above 18 years has not happened as yet in the country. In light of these, the High Court directed-

  1. No child studying in any class in any school (other than Govt. Residential Schools, Social Welfare and Tribal Welfare schools with hostel facility) in this State shall be compelled by any school management to physically attend offline classes if his/her parent is not inclined to send the child to school.

  2. No private school management shall be subjected to any penal consequences of any nature if they do not comply with the Memo

  3. No school-going child admitted in any private or govt. school or his/her parent shall be subjected to any penalty of any nature by the school to which he/she is admitted if the child does not attend school for off-line classes.

  4. Any undertakings obtained from parents by any school management absolving the school of any liability if the child gets infected with virus while in school, shall not have any legal effect, and shall be construed as having been given under duress and as contrary to public policy.

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