Islamabad High Court dismisses plea for reopening schools

Says it can’t interfere in executive matters; minister dismisses news of schools remaining closed till Oct


​ Our Correspondents September 04, 2020
Islamabad High Court. PHOTO: FILE

ISLAMABAD:

The Islamabad High Court (IHC) has dismissed another petition for immediate reopening of educational institutions across the country and noted that opening or closing of educational institutions is an executive decision.

The petitioner, owner of a private school, had contended that he made several representations to the Ministry of Education for reopening educational institutions in view of decline in coronavirus cases but these representations were not considered.

He contended that public functionaries are under an obligation to decide applications and representations within a reasonable time and requested the court to order the government to reopen schools and other educational institutions.

An IHC single-judge bench comprising Chief Justice Athar Minallah on Friday, however, dismissed the petition noting that it would be unreasonable for the court to assume that the federal government is oblivious of the rights of the stakeholders associated with private educational institutions.

In a two-page order, he said it cannot be assumed that those who formulate policies may be indifferent to the interests of the stakeholders.

“Covid-19 has given rise to an extraordinary situation and the policymaking decisions to deal with the crisis falls within the exclusive domain of the executive.

“The policies are formulated by the chosen representatives of the people and, therefore, it cannot be assumed that they are ignoring the interest of the people. It is a settled law that courts do not interfere in the policy matters of the executive,” the court noted.

Meanwhile, the Federal Minister for Education Shafqat Mahmood on Friday took to Twitter to reject “fake news” that claimed that the government has decided not to reopen schools and other educational institutions till October in view of the coronavirus pandemic.

He said a meeting among the federal and all provincial education ministers on September 7 will decide the likelihood of reopening schools in a phased manner from September 15.

Later addressing a press conference at the National Command and Operation Center (NCOC), he said different suggestions are being considered for stage-wise reopening of educational institutions on September 15 under strict Standard Operating Procedures (SOPs).

“The final decision to this effect will be taken on September 7 at the Inter Provincial Education Ministers' Conference (IPEMC).  After taking the final decision at the IPEMC, initially the educational institutions (providing instruction from 9th and above) will be opened.

“After reviewing the pandemic situation for one week, 6th to 8th grade  classes will also be opened.”

He said if the coronavirus related indicators remained normal then the primary classes would also be started. He said the government would not take any step that would affect children's health.

The education minister laid stress on ensuring implementation of the SOPs devised for the purpose.

He said NCOC has also asked the provinces to ensure health guidelines and the SOPs at schools and other educational institutions after recommencement of classes and increase contact tracing and quarantining of affected people.

The NCOC meeting presided by Federal Minister for Planning Asad Umar via video link discussed preparations for opening of schools including hand washing arrangements, update on sentinel testing and micro smart lockdowns (SLDs) and update on educational institutions' planned testing.

The federal government on Wednesday issued the SOPs for avoiding spread of contagious coronavirus disease among students after possible reopening of educational institutions.

According to the new SOPs, no assembly of students will be held in school in the morning and the students will go to their classes directly. The guideline also recommends parents not to rely on public transport to drop their children to school.

The SOPs also make it mandatory for students to wear masks, wash their hands and keep social distancing. It also asks educational institutions to ensure screening of students at their entry to schools and not to allow students suffering from fever, cough and cold.

Schools are asked to divide each class into two sections and to teach each section separately in different shifts of 4-hour each. The break or half-time will also be observed in shifts.

On Friday, Sindh Education Minister Saeed Ghanu said the provincial government has also prepared its own SOPs and recommendations for reopening schools.

WITH ADDITIONAL INPUT FROM APP AND NEWS DESK

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