[Online Class] Surge in children taken to psychiatrists during COVID; Education authorities need to be sympathetic to students: Madras High Court

Education authorities should show more sympathy and understanding in dealing with students, particularly during the era of online classes amid the COVID-19 pandemic, the Madras High Court recently observed (D Suresh Kumar v. The Director, The Directorate of School Education and ors)..Children studying in schools are facing a new challenge, wherein they have been asked to attend online classes, the Court noted. .Justice N Anand Venkatesh went on to express concern that there has been a surge in cases of children being taken to psychiatrists for counselling during the pandemic and that, over the past year, children have been losing their energy upon being confined to their homes. ."The education authorities need to show more sympathy and understanding, while dealing with the students, particularly during this pandemic period. There is already a surge in the number of cases before the Psychiatrists to whom children are taken for counselling during this pandemic period. The children are facing a new problem and their energy is getting dissipated by confining them inside the house. This has been going on for more than one year and the society needs to attend to this problem by being more kind with the children and not to add more pressure on them", stated the order..The Court made the observation while granting relief to a 10th standard student who was not allowed to pass citing his failure to properly attend classes during the academic year 2020-2021. .Earlier, the student's name was not included in a list of students submitted by the school to the State authorities so that they may be "passed" in the academic year 2019-2020 in line with the State's Government Order. By the said GO, the State had informed of a policy decision to allow all 10th standard students to pass. .As the school omitted the student's name in its list, he was not able to take advantage of the State's GO for the year 2019-2020. .A similar GO was issued on February 25, this year as well, wherein the government decided to allow all students in the 9th, 10th and 11th standards to pass in the academic year 2020-2021. The student hoped to avail this GO. .His school also informed the District Educational Officer that the student's name was earlier left out of the list of students to be declared passed by virtue of the earlier GO. Later, the student's father also addressed a representation on the issue to the authorities on March 10, 2021. .After these representations failed to evoke any response, the student's father moved the High Court for relief. .In an earlier order, the Court directed the concerned authorities to take a decision in the matter in line with the February 25, 2021 GO within a three-week period. .However, on May 4, the Director, Directorate of Government Examinations rejected the request made to pass the student on the ground that he had not attended classes during the academic year 2020-2021. As such, the authority held that the student is not entitled to avail the benefit of the February 25, 2021 GO..The student's father, therefore, moved the High Court again for relief. Justice Anand Venkatesh, in turn, pointed out that the authority had erred in rejecting the student's claim to be "passed" in line with the February 25 GO. .A careful reading of the GO shows that the only requirement was that the student must be enrolled with the school concerned, the Court pointed out. In this case, there was sufficient material to show that the petitioner's son was studying in the school concerned, the Judge found. .The Court, therefore, said it has absolutely no hesitation in quashing the rejection of the student's claim by the Directorate of Government Examinations.."The Government order does not anywhere stipulate that the benefit will accrue to a student only if he fulfils the attendance requirement. It is not known from where the second respondent gathered such a requirement in the Government order. The second respondent cannot add something to the Government order, when it is not available in the Government order. Therefore, the ground raised by the second respondent for rejecting the request made by the petitioner is unsustainable," the order stated..The Court further ordered the Directorate of Government Examinations to declare the student as having "passed" the 10th standard exam for the academic year 2020-2021 within two weeks time. .Advocate M Jerin Mathew appeared for the petitioner. Special Government Pleader J Gunaseelan Muthiah and Government Counsel M Lingadurai appeared for the respondents..[Read Order]