The Delhi High Court on Thursday refused to pass an interim order extending the tenure of the last presiding officer of the Delhi School Tribunal and granted time to the AAP government to state its stand on a plea seeking expeditious appointment to the currently vacant post.
Delhi government counsel Santosh Kumar Tripathi told the court that the rules for appointment have been changed and are pending approval before the Lieutenant Governor and a “temporary arrangement” has been put in place until a regular selection is done. “Learned counsel for state government states that the rules have been changed for appointment of the presiding officer of the Delhi School Tribunal and the same is pending approval before the hon’ble LG,” noted a bench headed by Chief Justice Satish Chandra Sharma.
The court granted four weeks’ time to the Delhi government to file a status report on the public interest litigation which submitted that the presiding officer of Delhi School Tribunal also holds the additional charge of State Transport Appellate Authority under the Motor Vehicles (MV) Act and both the tribunals have been non-functional since June 21 following the expiry of the tenure of the last officer.
The petitioner urged the court to pass an order on his interim application for extending the tenure of the last presiding officer for the meantime. “We are very sorry. We are not the appointing authority. It is a lengthy process,” responded the bench also comprising Justice Subramonium Prasad. “The Principal Secretary, Law and Justice has been made as the temporary arrangement till regular selection is made,” Tripathi said.
Petitioner Mohit Mudgal, a lawyer, stated in his plea the tenure of the last presiding officer expired on June 6 and since then the school tribunal and the appellate authority under the MV Act has become non-functional, which is causing a delay in disposal of the pending pleas there as well as public inconvenience. The petition claimed that till date no steps have been taken by the authorities for making fresh a appointment or extending the tenure of the earlier officer.
“The non-functioning of the School Tribunal and the appellate authority under the MV Act is actually causing avoidable delay in the administration of justice as well as the disposal of the pending matters in both the above Tribunal/ Authority. Due to non-functioning of the aforesaid School Tribunal and the Appellate Authority under the MV Act the aggrieved parties are unable to avail the appropriate remedy provided under law,” the petition said.
“The appointment of the new Presiding Officer of the School Tribunal ought to be made at least for a period of three years to ensure the continuity in the working of the Tribunal or till the time the selection of the successor is made as per the proposed amendment of the provisions of the Education Act & Rules,” it added. The matter would be heard next on February 10.
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