Delhi High Court today(on 29th April),ensures uninterrupted distribution of school textbooks amidst Chief Minister Arvind Kejriwal’s arrest concerns. Allows Municipal Corporation of Delhi to oversee expenses for student educational materials.
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NEW DELHI: The Delhi High Court, today(on 29th April), emphasized that the arrest of Chief Minister Arvind Kejriwal should not hinder the distribution of school textbooks to students. This declaration came as the court allowed the Commissioner of the Municipal Corporation of Delhi (MCD) to manage the necessary expenses for distributing educational materials to students.
Presided over by a Division Bench consisting of Acting Chief Manmohan and Justice Manmeet Pritam Singh Arora, the court stressed the importance of upholding the fundamental rights of children, which cannot be compromised simply because the Chief Minister is unavailable.
The court articulated-
Therefore, the Court believes that issues such as the absence of a Chief Minister, the absence of a Standing Committee, disputes over the appointment of aldermen by the Hon’ble LG, delays in court judgments, or non-compliance with certain provisions of the Delhi Municipal Corporation Act should not hinder the immediate provision of free textbooks, writing materials, and uniforms to school children.
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Moving forward with a decisive directive, the court mandated-
Therefore, since students of MCD schools have a constitutional and statutory entitlement to free textbooks, writing materials, and uniforms, and considering that schools will soon close for summer vacations, the Court instructs the MCD Commissioner to immediately fulfill these obligations without being restricted by the expenditure limit of Rs. Five crores. However, the expenses incurred by the Commissioner will be subject to statutory audit.
Previously, the Delhi government had informed the court that the MCD’s standing committee, which typically handles financial decisions, was currently inoperative due to disputes pending before the Supreme Court. Furthermore, any financial delegation to the MCD Commissioner would require approval from the Chief Minister, which has been delayed as Kejriwal is currently detained on charges related to a money laundering case.
The court expressed its dissatisfaction with the government’s stance, emphasizing that prolonged absence of a Chief Minister severely impacts governance, especially in a crucial area like Delhi.
The court remarked-
This implies an acknowledgment that the Delhi Government is at a standstill due to the absence of the Chief Minister. The position of Chief Minister, particularly in a dynamic capital city like Delhi, is not merely ceremonial. It requires the office holder to be virtually accessible round the clock to address crises such as floods, fires, diseases, and more. National and public interests dictate that individuals holding this position remain accessible and present, avoiding prolonged or indefinite absences.
The ruling was part of a larger public interest litigation (PIL) initiated by the organization Social Jurist, which argued that students in MCD schools were not only lacking textbooks but were also studying in inadequate conditions due to the ongoing administrative deadlock.
In an earlier session, the MCD Commissioner disclosed that approximately 200,000 students lacked bank accounts, uniforms, and consequently, stationery reimbursements were not processed, attributing these issues to the absence of a functional Standing Committee.
The court’s frustration with the AAP government’s inefficiencies was palpable as it noted the government’s greater focus on power consolidation rather than addressing urgent educational needs. The bench commented on the government’s apparent negligence, stating that the arrest of Chief Minister Arvind Kejriwal should not result in a governance vacuum and criticized Urban Development Minister Saurabh Bhardwaj for ignoring the dire situation of students.
The court that the Chief Minister’s decision to remain in office despite his arrest is a personal one, but it must not infringe upon the fundamental rights of children. The court thus ordered the MCD Commissioner to expedite the purchase of necessary educational materials, marking a significant step towards safeguarding the educational rights of children in Delhi.
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Representing the petitioner, advocates Ashok Agarwal, Manoj Kumar, and Ashna Khan were present, while the Delhi Government was represented by Additional Standing Counsel Shadan Farasat and advocates Hrishika Jain. The MCD was represented by Standing Counsel Sanjeev Sagar and Additional Standing Counsel Shivangi Kumar.
Case Title:
Social Jurist v. Government of NCT of Delhi & Ors.
