Delhi HC in MCD textbooks case: Can't trample children's fundamental rights because Delhi CM in jail [Read Judgment]

NEW DELHI: The Delhi High Court has recently stated that Arvind Kejriwal's choice to remain as Chief Minister despite his arrest is a personal decision. However, this should not hinder the distribution of free textbooks, writing materials, and uniforms to young children studying in MCD schools.

The court said that national interest and public interest demand that no person who holds this post is incommunicado or absent for a long stretch of time or for an uncertain period of time.

The court while hearing a writ petition filed by Social Jurist, a civil rights group has castigated the Delhi Government for its failure to provide statutory benefits to the students in a timely manner hence violating the Fundamental Right of Education guaranteed to the students under Article 21-A of the Constitution.

“This Court is of the view that receipt of free textbooks, writing material and uniform by school-going children is not only a legal right under the RTE Act and RTE Rules but is a part of the Fundamental Right under Article 21A of the Constitution,” the Court held.

The Court also took a strong opinion on the statement made by Minister of Urban Development, Mr. Saurabh Bhardwaj that any increase in the financial power of the Commissioner, MCD shall require the Chief Minister’s approval and observed that such statement from a minister of the Delhi Government amounts to an admission that the Delhi Government, due to the absence of the Chief Minister is at a standstill.

The court also said that the argument presented by the Delhi Government that the Commissioner, MCD at his initiative should not award the contracts for free textbooks, writing material, and uniforms as it is beyond Rs. Five crores are nothing but the core issue revolves around power dynamics, control over decision-making, in certain areas, and determining who gets credit for these decisions.

However, it should be noted that only the Standing Committee has the power and jurisdiction to award contracts worth more than INR Five crores and these contracts are in excess of the said financial limit. The Court expressed its strong opinion on the non-constitution of the Standing Committee of MCD since 2023 as undesirable and sorry state of affairs

Further, the Court has also directed the Commissioner, MCD to incur the expenditure required for fulfilling the said obligations and to file a fresh status report on 14th May 2024.

FACTS

A PIL has been filed by a civil rights group Social Jurist, against GNCTD and MCD. The plea sought direction to ensure that all the students have operational bank accounts and that the benefits that they are entitled to under the Right of Children to Free and Compulsory Education Act, 2009 (‘RTE Act’) read with Delhi School Education Act, 1973 and Delhi Right of Children to Free and Compulsory Education Rules, 2011 (‘RTE Rules’). be provided to them. 
The plea also highlights the plight of students as they are being deprived of statutory benefits like uniforms, writing materials, textbooks, stationery items, school bags, scholarships, etc.

ARGUMENTS

The NGO argued that, the MCD can forthwith provide the statutory benefits ‘in kind’ to its students instead of cash so that they are provided the statutory guaranteed uniforms, note books, stationery items, school bags, etc. for the current academic session of 2024-2025 so that the Fundamental Rights of the students are protected.

Further they argued that until the resolution of the issue of opening of bank accounts is pending, the MCD can forthwith provide the statutory benefits ‘in kind’ to its students instead of cash so that they are provided the statutory guaranteed uniforms, note books, stationery items, school bags, etc. for the current academic session, so that the Fundamental Rights of the students are protected.

The Commissioner, MCD, further apprised this Court that the statutory benefits for the academic session 2023-2024 could not be provided ‘in kind’ to the students as he as the Commissioner does not have the requisite financial power to award contracts for the procurement of these statutory items and that the Standing Committee of MCD, which has the requisite financial power, is non-functional.

DECISION

After hearing both the parties, the Court directed the Commissioner, MCD to incur the expenditure required for fulfilling the said obligations and to file a fresh status report on 14th May 2024 and further list the matter on 15th May 2024.

Further, the court also held that the replacement of broken chairs and tables in the MCD schools is an urgent and immediate decision that is not prohibited during the model code of conduct.

In conclusion, the court noted that the rights of students cannot be trampled upon due to the inefficiency of the government and it exhibited its indifference towards the plight of the students enrolled in MCD.
 

[Read Judgment]