A review petition has been filed in the Supreme Court, seeking a reevaluation of its earlier decision not to compel the Delhi Lieutenant Governor to either approve or return the Delhi School Education (Amendment) Bill, 2015. This bill, aimed at banning the screening of children for nursery admissions, has been a subject of contention and delay, as highlighted by the NGO Social Jurist in their petition.
Also read-Supreme Court To Hear Maharashtra’s Curative Plea On Maratha Quota (lawchakra.in)
The NGO’s plea gains significance in the context of recent Supreme Court judgments that have expressed displeasure over the delays by governors in assenting to bills passed by state legislatures. The petition refers to the apex court’s observation that state governors must act in accordance with Article 200 of the Constitution, which outlines the process for a bill passed by a state’s legislative assembly to be presented to the governor for assent.
The Supreme Court, in its ruling on October 13, had dismissed the NGO’s plea, stating,
“Can there be a mandamus to enact a law? Can we direct the government to introduce the bill? Supreme Court can’t be the panacea for everything.”
This statement underscored the Court’s stance on its inability to direct legislative actions.
The Delhi High Court had previously dismissed a PIL filed by the NGO, stating that it could not interfere with the legislative process or direct the Lieutenant Governor to act on the bill. The High Court’s division bench had noted,
“It is not proper for a high court while exercising its jurisdiction under Article 226 of the Constitution to direct a governor, who is a constitutional authority, to set a time frame in matters which come purely within his domain.”
The Court had further added,
“Even though the bill has been passed by the House, it is always open to the governor to agree or to send the bill back to the House and this court ought not pass a writ of mandamus directing the governor to act.”
Also read-President Murmu Enacts Landmark Criminal Law Reforms (lawchakra.in)
Advocate Ashok Agarwal, representing the NGO, contended that the child-friendly bill, which has been pending between the central and Delhi governments for over seven years without justification, is against public interest and policy. The petition highlighted that over 1.5 lakh admissions take place annually at the nursery level in private schools in Delhi, where children above three years are subjected to screening, contrary to the Right to Education Act, 2009. This Act provides for free and compulsory education to all children in the age group of 6 to 14 years as a fundamental right.
The NGO, in its appeal, stressed the urgency of finalizing the bill, stating that the delay defeats the very objective and purpose of the 2015 bill, which is to protect children from exploitation and unjust discrimination in nursery admissions in private schools. The petition also referenced a 2013 decision of the Delhi High Court, which suggested that the government consider making necessary amendments to ensure that children seeking admission to nursery classes also benefit from the Right to Education Act.
In summary, the review petition filed in the Supreme Court seeks to address the prolonged delay in the enactment of a bill crucial for safeguarding the rights of young children during nursery admissions. It underscores the need for prompt action to align the admission processes with the principles of the Right to Education Act.
Also read-Gujarat High Court Affirms Dismissal Of Judge For Unauthorized Leave And Misconduct (lawchakra.in)
