Bom HC | “If SOP encourages e-learning, any citizen questioning its intentions would only be acting against interest of his own country”

Bombay High Court: A Division Bench of Sunil B. Shukre and S.M. Modak, JJ., while addressing a matter with regard to Standard Operating Procedure in regard to e-learning/ digital methods for education, held that,

If the Standard Operating Procedure encourages e-learning, any citizen of India questioning its intentions and purposes would only be acting against interest and well being of his own country.

Bench on considering the present petition, observed that prima facie the petition represents only a regressive step in the field of education.

Petition does not point out any inherent contradictions, defects and lacunae in the Standard Operating Procedure dated 15th June, 2020 so as to term it arbitrary, irrational or unreasonable and hence amenable to interference by this Court on the ground of violation of any fundamental right to education.

Further the court stated that if there are any difficulties in implementation of Standard Operating Procedure, they could be sorted out by the State Government and if required also by the Union Government provided they are appropriately pointed out.

“…We are in the 21st century where the world is being governed digitally in a greater way and therefore, the SOP which prescribes e-learning and promotes digital and virtual methods of learning cannot but be hailed as a big progressive measure taken by the Government in making digital position of India stronger and firmer in the Comity of Nations.”

Further the Court added that some issues with the effective implementation can come up and as the difficulties raised by the petitioner, they are external factors to the policy and when the same can be corrected, policy cannot be unconstitutional or defective.

Hence, Court asked the petitioner to approach the authorities concerned with regard to the defects in the implementation of the SOP. [Imran Israel Sheikh v. Union of India, 2020 SCC OnLine Bom 766 , decided on 06-07-2020]

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