Why every dispute between Delhi Govt & LG should come to apex court, asks SC, tells DCPCR to move HC
DCPCR approached Supreme Court over alleged freezing of its funds
New Delhi, Dec 15: Why should "every dispute" between the Delhi government and the Lieutenant Governor (LG) land in the apex court, the Supreme Court observed on Friday and asked the Delhi Commission for Protection of Child Rights (DCPCR) to approach the high court with its grievance.
The DCPCR had approached the Supreme Court over alleged freezing of its funds.
"What is happening is, every dispute, all and sundry, between the Government of the NCT of Delhi and the Lieutenant Governor is coming here as a (Article) 226 petition," a bench headed by Chief Justice D Y Chandrachud said.
Article 226 of the Constitution deals with power of the high courts to issue certain writs.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, observed on Thursday, it dealt with a plea by Delhi government challenging LG V K Saxena's decision to terminate the services of all civil defence volunteers working as marshals in DTC buses.
"Go to the Delhi High Court. Why should we entertain a petition under (Article) 32 here," the bench told senior advocate Gopal Sankaranarayanan, appearing for the DCPCR.
Sankaranarayanan said the plea filed by the commission was a little different from other disputes between the Delhi government and the LG which have landed before the apex court so far.
"This is a commission and the commission's money has been frozen," he said.
The CJI told him that the apex court has entertained pleas dealing with broader constitutional issues.
"Now go to the high court," Justice Chandrachud said.
Sankaranarayanan, while putting forth his argument, said the funds of the commission cannot be frozen. "How can six million children of the state be told that not a penny is going to come to the commission," he said.
"That is why high courts are there," the bench told him and asked "Why are you bucking the Delhi High Court?"
"Everything between the Delhi government and the Lieutenant Governor is coming here every two days. Bus marshal scheme was discontinued and we got a petition under (Article) 32," the CJI said.
Sankaranarayanan said the DCPCR is an independent commission and the tenure of its members have come to an end. He said at present, the commission was not in a position to approach the high court afresh.
"Considering the nature of the grievance which is being addressed before this court by the DCPCR, we are of the considered view that a petition under Article 226 would be the appropriate remedy," the bench observed.
Referring to Sankaranarayanan's submission about the end of the tenure of the members of the commission, the bench directed the apex court registry to transfer these proceedings to the Delhi High Court.
While disposing of the petition, it said the plea shall be re-numbered as a petition under Article 226 of the Constitution.
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Bihar: Over 150 children fall ill after consuming 'mid-day meal' in Saharsa
Saharsa (PTI): More than 150 children were taken ill after allegedly consuming food that was part of the mid-day meal in a school in Bihar’s Saharsa district, a senior official said on Thursday.
The incident occurred at a middle school in Baluaha village of the district.
The official said that 115 children were undergoing treatment at the Sadar Hospital, while around 50 students were admitted to Mahishi Public Health Centre.
“We received information that several children fell ill after consuming the mid-day meal in Baluaha. The children were initially treated at the primary health centre, but later, many were referred to the Sadar Hospital,” Saharsa District Magistrate Deepesh Kumar told reporters.
“According to doctors, the health condition of the children has improved, but they will be kept under observation for some time. There is no need to panic. Some kids are having mild fever. They are being treated accordingly,” Kumar said.
Meanwhile, family members of some children claimed that a snake was found in the container in which cooked pulses was stored at the school.
Of the 545 students present in the school, 200 had already eaten their meals by the time the snake was spotted, and later complained of stomach ache and vomiting, they said.
Regarding the claims, the DM said food samples have been collected from the school.
“We will be able to comment on this only after the results of the tested samples arrive,” he said.
