Courts cannot direct the Governor to grant assent to a Bill, as it is within the Governor's discretion.

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 Petitioner seeks to rely on the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as `the RTE Act') to contend that in order to implement the provisions of the RTE Act, it was felt necessary to do away with the screening procedure for admission of children to nursery/pre-primary classes. It is stated that the Bill attempts to ensure that there is no discrimination amongst children in the matter of admission to the pre-primary classes and also endeavours to check commercialisation of education at the stage of admission of children to the schools.

4. The Petitioner states that in a reply dated 11.04.2023 from Respondent No.2 to a query under the Right to Information Act, 2005, it has been revealed that the Bill is pending between the State Government and the Central Government. The Petitioner also places reliance on a judgment of the Division Bench of this Court in Social Jurist, A Civil Rights Group v. Govt. of NCT of Delhi & Anr., 2013(134) DRJ 529 (DB), wherein Division Bench of this Court has held that the Government must consider the applicability of the Right to Education Act to nursery classes as well.

5. The Petitioner also states that the Apex Court vide its Order dated 24.04.2023 in W.P.(C) 333/2023 has held that the Governor must give assent to any Bill that is placed before him or return the Bill if it is not a Money Bill together with a message for re-consideration to the House or the Houses of the State Legislature and the expression given "as soon as possible" in Article 200 of the Constitution of India has a significant constitutional content and must be borne in mind by the constitutional authorities.

6. Heard learned Counsel for the parties and perused the material on record.

7. Article 196 to 201 of the Constitution of India deals with the legislative procedures regarding passing of Bills. Article 197 to 199 of the Constitution of India deals with Money Bills, which is not the subject matter of the present writ petition.

8. Article 200 of the Constitution of India deals with assent of bills, which reads as under:

"200. Assent to Bills.-When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:

Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions the