Read Time: 06 minutes
The bench instructed the MCD to promptly allocate funds for purchasing textbooks, writing materials, and uniforms for students of MCD schools, without considering the budget limit of Rs. Five crores. Nevertheless, the court mandated that the expenses incurred shall undergo a statutory audit.
The Delhi High Court, on Monday, chastized the Kejriwal government for its perceived indifference towards the plight of 200,000 children. Accusing the government of neglect, the court underscored its dissatisfaction with the handling of the issue.
These observations were made in a PIL, which highlighted the plight of students attending MCD schools. Per the PIL, over 2 lakh students had not received their textbooks and were forced to study in temporary tin sheds because of administrative delays within the civic authority.
"However, it does not mean that if the Chief Minister is not available, the Fundamental Rights of young children would be trampled upon and they would go through the first term (1st April to 10th May) without free text books, writing material and uniform", the Bench headed by Acting Chief Justice Manmohan and Justice Manmeet PS Arora held.
The Court highlighted that providing free textbooks, writing materials, and uniforms to schoolchildren is not only a legal requirement under the RTE Act and RTE Rules but also a part of their fundamental rights under Article 21A of the Constitution.
Furthermore, the Bench emphasized that the role of a Chief Minister is not merely ceremonial but demands constant availability to address crises. The bench held, “A Chief Minister’s post in any State, leave alone a buzzing capital city like Delhi is not a ceremonial post. It is a post where the office holder (when in office) has to be virtually available 24 x 7 to deal with any crisis or natural disaster like flooding, fire, disease etc. National interest and public interest demands that no person who holds this post is incommunicado or absent for a long stretch of time or for an uncertain period time”.
The Court criticized the MCD, asserting that the absence of a Chief Minister for an extended period was contrary to the national interest. It emphasized the vital role of a Chief Minister in promptly addressing crises and serving the public interest.
The MCD Commissioner disclosed the plight of students lacking bank accounts and basic amenities due to administrative deadlock. The Court stressed the need to delegate financial authority in the absence of the standing committee and reprimanded the AAP government for failing to provide textbooks to students, accusing it of prioritizing personal interests over national interests.
The court instructed the MCD commissioner to allocate funds immediately to fulfill obligations. The court mandated the MCD to promptly address all outstanding government responsibilities. Additionally, it removed the restricted budget of 5 crores and subjected the MCD's actions to statutory audit.
In the previous court session, the bench criticized the MCD for turning a blind eye to the plight of these students who have been studying a term without proper classrooms, textbooks, and uniforms.
Accordingly, the court listed the matter for May 15 for a review of the status report.
Case Title: Social Jurist v Government of NCT
Please Login or Register
