‘Kejriwal may continue as CM, but why should students suffer’: HC

The High Court in its judgement said it is a post where the office holder has to be virtually available 24 x 7 to deal with any crisis.

In a significant judgement the Delhi High Court on Monday said Kejriwal’s absence cannot allow students to go through the first term without free text books, writing material and uniform in MCD schools. The high court further observed that the decision of Arvind Kejriwal to continue as the Chief Minister after his arrest is “personal” but it does not mean that the fundamental rights of school-going children would be trampled upon.

The high court in its judgement also said that “A Chief Minister’s post in any State, leave alone a buzzing capital city like Delhi is not a ceremonial post. It is a post where the office holder (when in office) has to be virtually available 24 x 7 to deal with any crisis or natural disaster like flooding, fire, disease etc. National interest and public interest demands that no person who holds this post is incommunicado or absent for a long stretch of time or for an uncertain period time, it added.

A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said “to say that no important decision can be taken during a model code of conduct is a misnomer.

Undoubtedly, no new policy decision can be taken but holders of Constitutional posts have to everyday take important as well as urgent decisions. For instance, issuance of free text books, writing material and uniform as well as replacement of broken chairs and tables in accordance with the existing policies in the MCD schools is an urgent and immediate decision which brooks no delay and which is not prohibited during the model code of conduct, the court added.

The high court said as the students of MCD schools are entitled for free text books, writing material and uniform in accordance with their constitutional and statutory rights, and the schools are going to close for summer vacations shortly, the MCD Commissioner is directed to incur the expenditure required for fulfilling the obligations forthwith without being constrained by the expenditure limit of Rs 5 crore.

The court was hearing a PIL by NGO Social Jurist, highlighting the non-supply of educational material and other statutory benefits to students in the MCD schools even after the commencement of the new academic session.