A Division Bench of Acting Chief Manmohan and Justice Manmeet Pritam Singh Arora said that fundamental rights of young children cannot be trampled upon merely because the Chief Minister is not available.
“Consequently, this Court is of the view that non-availability of 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 text books, writing material and uniform forthwith,” the Court said.
Hence, it proceeded to direct the following:
“Consequently, 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, this Court directs the Commissioner, MCD to incur the expenditure required for fulfilling the said obligations forthwith without being constrained by the expenditure limit of Rs. Five crores. However, the expenditure incurred by the Commissioner, MCD shall be subject to statutory audit.”
The Delhi government had earlier told the Court that the standing committee of MCD is empowered to take decision as regards the finances of the MCD but the constitution of standing committee is under dispute which is pending before the Supreme Court.
It had further stated that regarding the delegation of such powers regarding finance to the MCD Commissioner, the Chief Minister’s approval would be required and since the Delhi CM is lodged in jail in a money laundering case, the same is yet to be obtained.
Source: Barandbench
