FPJ Legal: Supreme Court stays conduct of offline Class XI exams in Kerala due concerns over surge in COVID-19 cases

FPJ Legal: Supreme Court stays conduct of offline Class XI exams in Kerala due concerns over surge in COVID-19 cases

The bench was hearing an appeal against the Kerala High court order refusing to interfere with the decision to hold offline exams

FPJ Web DeskUpdated: Friday, September 03, 2021, 04:53 PM IST
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The appeal filed by one Rasoolshan A stated that holding physical exams when the COVID-19 cases are at their peak in the state was a huge risk, especially since the children are not vaccinated | Pic for representation | PTI

New Delhi: The Supreme Court, on Friday in an interim order, stayed the Kerala government's decision to hold the Class XI exam physically from September 6 amid rising cases of COVID-19 in the state. The next hearing is on September 13.

A bench headed by Justice AM Khanwilkar said that situation in Kerala is alarming because of the continuing rise in COVID-19 cases and children of tender age cannot be exposed to risk while noting that around 35,000 cases are being reported daily from the state.

The Bench observed, "There is alarming situation in Kerala. It accounts for more than 70 per cent of cases of the country, with around 35, 000 daily cases. Children of tender age can't be exposed to risk."

In its order, the apex court stated, "We grant interim relief staying offline exam for till next date of hearing. List this matter on September 13." The bench was hearing an appeal against the Kerala High court order refusing to interfere with the decision to hold offline exams.

The appeal filed by one Rasoolshan A stated that holding physical exams when the COVID-19 cases are at their peak in the state was a huge risk, especially since the children are not vaccinated.

Around three lakh students will take the exam scheduled to be held from September 6 and as the students pursuing class XI are largely unvaccinated, they are very vulnerable to the virus, argued advocate Prashant Padmanabhan appearing for Rasoolshan.

During the hearing, advocate CK Sasi, appearing for the Kerala government, defended the state government's decision to hold the exams offline and submitted that all safety protocols have already been taken care of.

"Assure us that no student will be infected. These are children of tender age. Even one case reported for a student, we will hold you accountable," the bench told Kerala government's counsel.

Apex court says

The apex court said that the Kerala government may think of alternate forms of assessment and inform it on the next date, September 13.

The Kerala High Court while observing that conducting Plus One examination was a matter of government policy and that much deliberation had gone into the same, refused to interfere in the matter.

The High Court's order had come on the plea of some students who had approached the court against the Kerala government decision to hold the Class XI exam offline. They had said that the decision was taken without considering the gravity of the COVID-19 pandemic situation prevalent in the State.

COVID-19 in Kerala

One in every five samples tested for Covid-19 in the southern state is turning out to be positive, a rise from one in eight samples until early August. The state alone accounts for over 60% of daily fresh cases in India.

Many have blamed the state government for creating a fertile ground for transmission by relaxing restrictions during the festival season. An uptick in cases began in July, when the number of new cases rose from about one lakh in the week before Bakri-Eid to 1.22 lakh new cases in the week after. A month later came Onam. From 1.34 lakh cases in a week leading to the festival, the case tally rose to 1.73 lakh in the week after.

Dr Rajeev Jayadevan, who is involved with treating COVID-19 patients and in research into the spread of COVID-19, has said Kerala is doing everything right in handling the present situation – except for contact tracing.

In an interview to The Wire, he explained that contact tracing has dropped in Kerala for two reasons: the healthcare workers who should be doing it have been diverted to vaccination (Kerala has among of the highest vaccination rates in the country), and they are also fatigued after 18 months of COVID-19 in the state.

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