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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Social Jurist, A Civil Rights Group – Appellant
Versus
Government of NCT of Delhi – Respondent
JUDGMENT
Satish Chandra Sharma, C.J. >The Petitioner, Social Jurist, A Civil Rights Group, is an organisation of lawyers and social activists has approached this Court by filing the instant Public Interest Litigation (PIL) for issuance of appropriate writ, order or direction directing the Respondents to expedite the finalization of Delhi School Education (Amendment) Bill, 2015, (hereinafter referred to as 'the Bill') which prescribes for prohibition of screening procedure in the matter of admission of children at pre-primary level (nursery/pre-primary) in schools.
2. It is stated that the Bill banning screening procedure in nursery admissions in schools, was prepared in the year 2015 and for the last seven years without any justification and against public interest, the Bill is hanging between Central Government and Delhi Government and is not being passed by the Respondents. It is stated that the delay in proceeding further acts contrary to the interest of children in the matter of admission to nursery/pre-primary in private schools and has resulted in arbitrary procedure being adopted by different schools in matters of admission of children at pre-primary level.
3. The Petitione
Courts cannot direct the Governor to grant assent to a Bill, as it is within the Governor's discretion.
The Governor holds discretionary power under Article 200 and is not mandated to adhere to a set timeframe for assenting bills.
The constitutional significance of the expression 'as soon as possible' in Article 200 and the impact on the actions of constitutional authorities.
The Governor must act on the advice of the Council of Ministers under Article 171(5), with judicial review permitted in cases of ultra vires actions or mala fides.
The Governor's nominations under Article 171(5) require adherence to constitutional procedures, with judicial review available for actions deemed ultra vires or in bad faith.
The Amendment Rules exempting private unaided schools from admitting 25% disadvantaged children based on proximity to government schools violate the RTE Act and Article 21-A, as they impose condition....
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