High Court: Those who question the Intention / Motive of Standard Operating Procedure (SOP) that is a boon for E-Learning are against the Country’s wellbeing [Read Order]

On July 9, 2020, the Bombay High Court was dealing with the case Imran Israel Sheikh v. Union of India and Others and ordered that the SOP promotes Digital Learning and no one shall act against it as it will be against the Country’s interest.

The Petition questioned the intention/purpose of the SOP in the field of Virtual Learning. The Petitioner shall have approached the Government first but it did not do so, and for the same, it was criticized by the Court.

The Nagpur Bench of Justice SB Shukre and SM Modal held opined that “ if the Standard Operating Procedure encourages e-book learning,  any citizen of India questioning its intentions and purposes would only be acting against interest and we’ll being of his own country. A citizen of India,  however,  may come across some issues in effective implementation of the Standard Operating Procedure but for that matter, his duty would be to point out the same to the concerned authority so that necessary corrective measures are taken by the authority “.

The Court is of the view that the problems were implementation-oriented in the working of the SOP. There was no infringement of the fundamental right to  Education and so the Court will not interfere in the matter.

The Petitioner is directed to approach the Government authorities with all the adequate facts and proofs rather than surmises or imaginary facts. However, the Petitioner is free to knock the doors of the Court again if the Government is satisfied with the grievances of the Petitioner.

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