SC upholds stay order against ban on online teacher training
Teaching is one of the fields with the highest number of students pursuing higher education in Maldives.
By
Fathmath Ahmed Shareef
The Supreme Court on Wednesday ruled that the High Court was right to issue an interim order staying the ban on online courses in the teaching sector pending a decision in the High Court case against the ban on conducting online courses in certain fields.
The former Higher Education Ministry banned online courses in certain fields under the 'Earning Guidelines' issued by the Qualifications Authority last year. Teaching is among the courses banned from being offered online under the guidelines.
The Male High Pvt Ltd, which runs Mandhoo College, filed a constitutional case against the state in the High Court on March 21, alleging that some of the provisions of the rule were outside the powers of the Qualification Authority and deprived of constitutional freedoms and rights. The college also sought an interim order to suspend the ban on online teaching until a decision is taken.
The High Court on May 17 issued an interim order suspending the prohibition on teaching through e-learning modality until a decision is taken on the matter.
The prosecution appealed against the interim order in the Supreme Court. The Supreme Court on Wednesday ruled that the order was issued properly and there was no room for change.
The Supreme Court said:
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Teacher training through e-learning has been widespread in the past, but was stopped by the Qualifications Authority's rules
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The potential damage to the state from not following that part of the guidelines is not stated
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The damage to the appellant Mandhoo College is no less than the damage to the state for not getting the interim relief granted by the High Court order
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If the High Court does not issue the interim order until the case is resolved, students attending teaching courses through the e-learning modality may lose the opportunity
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It has the potential to harm a large number of students who want to study teaching online
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Granting this interim order is also a necessary remedy to maintain the public interest
The High Court had also cited as the main reason for granting the interim order that there were students who would be more affected if the interim order was not granted than the two parties involved in the case at court. If the interim order is not granted, the damage to the state and the college will be greater than the damage to the students studying teaching and those who wish to study in such online courses.
Teaching is one of the fields with the highest number of students pursuing higher education in Maldives. A large number of teachers who are already working as teachers in rural schools are studying online. There are many teachers who study online while working in their islands.
