Delhi High Court Commend Government Over Successful Distribution Of School Textbooks

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Synopsis

The court had previously reprimanded the AAP government for failing to provide textbooks to students, accusing it of prioritizing personal interests over national interests.

The Delhi High Court, on Thursday, commended the Delhi Government for its effective distribution of textbooks throughout all government schools. The court highlighted the proactive measures undertaken by the Directorate of Education, affirming the maxim, ‘When there is a will, there is a way’.

This commendation, delivered by the bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, underscores the principle that determined efforts yield positive outcomes.

In an order dated 29 April 2024, the bench castigated the MCD for its apparent disregard towards the plight of students studying without proper classrooms, textbooks, and uniforms. It also directed the MCD to expeditiously allocate funds for the procurement of textbooks, writing materials, and uniforms for students attending MCD schools, notwithstanding the budgetary cap of Rs. Five crores. However, it stipulated that all expenditures incurred in this regard must undergo a statutory audit.

The genesis of these judicial observations stemmed from a Public Interest Litigation (PIL) filed by an NGO, Social Jurist, which brought to light the challenges faced by students enrolled in MCD schools. The PIL highlighted that over 200,000 students had been deprived of textbooks, necessitating them to study in temporary structures due to administrative delays within the civic body.

The court had expounded that the provision of free textbooks, writing materials, and uniforms to schoolchildren is not merely a statutory obligation under the Right to Education (RTE) Act and its accompanying Rules, but also forms an integral part of their fundamental rights enshrined under Article 21A of the Constitution.

Additionally, the bench emphasized the pivotal role of the Chief Minister, emphasizing that the office demands continuous availability to address crises. It elucidated that the Chief Minister’s role transcends ceremonial duties, requiring vigilance and immediate response to exigencies such as natural disasters and public emergencies.

The court critically evaluated the MCD's conduct, rebuking its prolonged administrative lapses as contrary to national interests. It underscored the essentiality of prompt governmental action in resolving public grievances and addressing urgent needs. 

Case Title: Social Jurist v Government of NCT