A bench of Justices AK Sikri and UU Lalit, while refusing to stay Delhi HC order allowing Anti- Corruption Bureau of Delhi to take action against officials in corruption cases, clarified that observation made by the High Court on Ministry of Home Affairs notification of May 21 was tentative in nature and it would not be binding.
Apex Court described as tentative a high court observation that the central government’s May 21 order giving Delhi’s lieutenant governor (Najeeb Jung) the final say in posting and transfers of bureaucrats was ‘suspect’, even as it issued notice to the city government on the issue. While saying that observation in paragraph 66 of the high court judgment holding notification suspect as tentative, the apex court said that in respect of other paragraphs it will a call only after receiving reply from the Delhi government.
The apex court issued notice to Arvind Kejriwal Government on Centre petition and asked it to file response within three weeks. The court also said that dispute arising out of power tussle between Delhi Government and Centre should be decided by the Supreme Court and asked the AAP government to take a decision whether it wants the case to decided in Supreme Court or Delhi high court.
In a big blow to the Aam Aadmi Party Government in Delhi, the Supreme Court has stayed the Delhi High Court’s observations on Delhi Government’s notification which said that the Lieutenant Governor has no power in posting and transfer of bureaucrats. The Supreme Court further observed that the High Court observations will not have any bearing on the case filed by the Delhi government challenging the Home Ministry notification.
A bench of Justices AK Sikri and UU Lalit of the Apex Court while, refusing to stay Delhi HC order allowing Anti- Corruption Bureau of Delhi to take action against officials in corruption cases, clarified that observation made by the High Court on Ministry of Home Affairs notification of May 21 was tentative in nature and it would not be binding.
Justice Manmohan of the Delhi High Court, disposing of the writ petitions moved by the groups representing the schools and parents, set aside the Lieutenant Governor’s previous guidelines issued in this regard and held that the administrative autonomy of schools could not be restricted by official orders and upheld the Ganguly Committee’s recommendations and allowed private unaided schools to set their own guidelines for nursery admissions and evolve point systems to suit their requirements.
The notification issued by the Lieutenant Governor had created a 100 point system for nursery admission of general category students and done away with the management quota.
Court said that, private unaided schools should have administrative autonomy to decide on admissions. Also it was observed that, the “Administrative autonomy of private unaided schools cannot be restrained by way of office orders“. The high court also said the power to decide the school of a child should lie with the parents. “Position on map cannot decide which school a child should go to,” it added.
It was also observed that the practice of administering the process of school admissions through circulars, notifications and office orders creates uncertainty and added that consistency; certainty and incorporation of popular will could only be done by the Legislature revisiting the issue of nursery admissions.
Court, earlier restrained the Delhi government from issuing fresh notification for nursery admissions for the next academic session, said the children should have the option to go to a neighbourhood school, but their choice could not be restricted to a school situated in their locality.
However, while reserving his verdict, Justice Manmohan had also restrained Delhi government from issuing fresh notification for nursery admission for the upcoming academic year in the national capital on a plea challenging last year’s guidelines.
The verdict has come as a major relief for private unaided schools, as it will be applicable to the admissions for the year 2015-16.