Frame Rules To Ensure Execution Of Delhi School Tribunal Orders: High Court To Delhi Govt

The Delhi High Court on Wednesday asked the Delhi Government to take steps and frame appropriate Rules to ensure that the Delhi School Tribunal is vested with appropriate legal authority to get its orders executed.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that in case any such proposal is made or amendment is suggested, the Central Government shall attend yo the same and consider approving it at the earliest.

“We hope and expect that the need for having an execution mechanism shall be considered by the appropriate authorities and adequate steps shall be taken to provide for such a mechanism,” the Court said.

“We hope appropriate decision and action warranted will be completed as early as possible preferably within three months from today,” it added.

The Bench disposed of a plea filed by NGO Justice For All alleging failure on the part of the Delhi Government to frame and notify the necessary rules for the effective functioning of the Delhi School Tribunal established under the Delhi School Education Act, 1973.

The plea said that despite the enactment of the Act in 1973, the procedural framework required for the effective implementation of the Tribunal's orders.

It added that the Tribunal's overall functioning remains conspicuously absent due to the failure of the authorities to frame the requisite rules.

The plea contended that the absence of the rules has left thousands of teachers and school employees without an effective and efficacious remedy, directly infringing upon their fundamental rights to equality, speedy justice, and a life with

dignity under Articles 14 and 21 of the Constitution of India.

“That this legislative and procedural vacuum was judicially noticed by a Full Bench of this Hon'ble Court in its judgment dated 27.08.2010 in the case of Presiding Officer Delhi School Tribunal v. Govt. of NCT of Delhi, wherein the Hon'ble Court strongly suggested that a set of rules should be framed as expeditiously as possible to ensure that the orders passed by the Ld. Tribunal are executed effectively,” the plea said.

Title: JUSTICE FOR ALL v. HON'BLE LIEUTENANT GOVERNOR GOVT. OF NCT OF DELHI & ANR