Millennium Post

Baijal asks CM to reconsider special Assembly decision

NEW DELHI: The AAP government is likely to convene an special session of Delhi Assembly to introduce Bill in the House regarding regularisation of 15,000 guest teachers under Sarva Siksha Abhiyan working at Delhi government schools here.
A day before start of Assembly Session, Lieutenant-Governor Anil Baijal has written a letter to Chief Minister Arvind Kejriwal, in which, he requested to reconsider the cabinet decision for introduction of regularisation of services of guest teachers and teachers engaged under the Sarv Shiksha Abhiyan Bill, 2017.
On September 27, Delhi cabinet had approved draft proposal to introduce Bill 2017. Lieutenant-Governor Secretariat has observed that as per the aforesaid Cabinet Decision, a Bill on Regularization of Services of Guest Teachers and Teachers engaged under the 'Sarv Shiksha Abhiyan' is to be introduced in the Legislative Assembly of Delhi.
There is a detailed procedure under Transaction of Business of the Government of National Capital Territory of Delhi, Rules, 1993 for initiating and processing legislative proposals and introducing Bills, including mandatory consultation with Law Department as to the competence of the Legislature of the Capital to enact the measures proposed.
LG has noted that this issue is important as the subject matter of the Bill relates to 'Services', and as clarified by MHA Notification No. S.O.1368(E) DATED 21ST May 2015 and affirmed by High Court of Delhi in its judgment dated 04.08.2016 in WP (C) No. 5888/2015 and other connected matters, the matter relating to 'services' falls beyond the legislative competence of the Legislative Assembly of NCT of Delhi.
It may be noted that the High Court had decided: "Hence, all services under NCT of Delhi which is a Union Territory are governed by Entry 70 of List I alone and thus fall beyond the legislative competence of Legislative Assembly of NCT of Delhi. The executive power being co-extensive with the legislative power, it goes without saying that the Government of NCT of Delhi cannot claim any executive power in relation to matters with respect to "services". Consequently, as proved under Section 41 of the NCT of Delhi Act 1991, 'services' is a matter in respect of which the Lt. Governor is required to act in his discretion."

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