In a recent clarification, the Supreme Court announced on Monday, October 30, that its previous order, dated 20 July 2023, which declined to stay the Delhi ordinance on services, should not hinder the Delhi High Court from examining a petition. This petition, filed by 437 consultants appointed by the Delhi government, challenges the termination of their services by Lieutenant Governor VK Saxena in July.
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The matter came to light when the bench, consisting of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, was informed of potential misunderstandings stemming from the Supreme Court’s July order. This order had directed a 5-judge Constitution Bench to review a petition by the Delhi Government.
The petition contested the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023, introduced by the Centre, which aimed to remove “services” from the purview of the Delhi government. Concurrently, the court had rejected an Intervention Application (IA) that requested interim reliefs, including a stay on the NCT Ordinance.
This IA had also highlighted the termination of appointments of specialists, fellows, and consultants by the Lieutenant Governor. In its July verdict, the Supreme Court declared,
“IA No.130505 of 2023 seeking a stay of the NCT Ordinance is dismissed.”
However, the Apex Court has now clarified its stance. While the IA was technically dismissed, the order mainly addressed the request for a stay on the ordinance. The validity of the termination of the appointments was not assessed. As a result, the Delhi High Court remains free to evaluate a petition challenging this termination.
CJI Chandrachud emphasized that the court’s primary concern was the principle that a statute cannot typically be stayed. The issue of appointment termination was not taken into account. The bench further clarified,
“The correctness of the order of letter of termination was not considered. We clarify that the order of this court shall not come in the way of the High Court of Delhi where a Writ Petition has been filed challenging the same.”
The case in question is titled: Government Of National Capital Territory Of Delhi v. Union Of India And Ors. W.P.(C) No. 678/2023.
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