Remaining CM is Kejriwal’s ‘personal decision’, should not deprive MCD school students of benefits: Delhi HC
On Monday, the Delhi High Court said that on post where the office holder has to be available 24×7. His absence cannot deprive children of their free textbooks, writing materials, and uniforms.
The remark came as Urban Development Minister Saurabh Bharadwaj submitted that any increase in the financial power of the MCD Commissioner shall require the approval of CM Kejriwal.
The court held that the admission of Saurabh Bhardwaj that any increase in the financial power of the MCD commissioner shall require approval of Kejriwal – amounts to an admission that “Delhi government has come to a standstill” after the Chief Minister’s arrest.
“National interest and public interest demands that no person who holds this post is incommunicado or absent for a long stretch or for an uncertain period of time,” said the bench.
The observation is being viewed as another major setback for the AAP which has said that CM Kejriwal would maintain his role in government affairs while incarcerated.
The court was hearing a PIL alleging a dire state of education in MCD-run schools. The court earlier said that nearly two lakh students lacked basic amenities due to administrative hurdles.
During the proceedings, the court said that CM Kejriwal’s decision to continue as CM despite his arrest is his personal decision but that does not mean that because the CM is not available, “fundamental rights of young children will be trampled upon and they will go through the first term of school without textbooks, writing material and uniforms.”
The court said that receipt of free textbooks, writing material, and uniforms by schoolchildren is not only a legal right under the Right to Education Act and its rules, but is a part of the Fundamental Rights under Article 21A of the Constitution.
It noted that the real issue in the matter is of “power”, “control”, “turf dominance” and “who takes the credit”.
During the hearing on April 26, the High Court came down heavily on Kejriwal, the Delhi government, and the civic body for their failure to provide textbooks. Kejriwal’s insistence on holding the post even after his arrest in the Delhi liquor policy case puts political interest over national interest, the judges had said.
The Bench had said that children are not commodities for trading as it criticized the government’s admission of failure in multiple aspects under the MCD’s jurisdiction.
On Monday, the Bench ordered the MCD Commissioner to incur the expense of providing textbooks and other materials to students without being constrained by the ₹5 crore expenditure limit.
It said, “Consequently, this court is of the view that non-availability of the Chief Minister or non-formation of a Standing Committee or disputes pertaining to appointment of an aldermen by the Hon’ble LG or non-delivery of judgment by a competent court or non-compliance of certain provisions of Delhi Municipal Corporation Act cannot come in the way of the school-going children receiving their free textbooks, writing material and uniform forthwith.”
Last time, the court had pointed out CM Kejriwal’s failure to resign despite facing arrest on alleged money laundering charges, accusing him of placing personal interests above national interests.
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HC & SC forgot that Killjiwaal is beyond & above Law !!
HC & SC both are obsessed with Killjiwaal petitions, bail application,….etc..
Stop the tamasha HC & SC. Get into business immediately.
Sue-moto cognizance and priorities is very selective. The HC is there to rule and not pass comments or observations which lack enforceability. After all these comments/observations one wonders what prevents the courts from passing an order.