News Analysis India

Tag: Delhi Government

  • Arvind Kejriwal: AAP to cite Subrata Roy precedent to give Arvind Kejriwal access to facilities to run govt

    The Aam Aadmi Party plans to plead in court that a part of the Tihar Central Jail complex be declared as ‘prison’ to allow Delhi chief minister Arvind Kejriwal to gain access to video conferencing and other office facilities essential to run the Delhi government.

    According to AAP insiders, the party’s legal team is doing spadework to petition the court citing precedents when undertrials were allowed to operate their offices from inside Tihar jail.

    “The most high-profile precedent is that of Sahara group’s Subrata Roy who got permission from court to use office facility inside Tihar jail to negotiate sale of his luxury hotels in New York and London to raise his bail money. In 2014, the special court complex inside Tihar was declared ‘jail’ by director-general (prisons),” a senior AAP functionary, who did not wish to be identified, told ET.The functionary said that Unitech promoters Sanjay Chandra and Ajay Chandra were also found to be illegally operating an office from Tihar jail. “If those who have swindled money of the people can run their offices, the court should not have a problem to grant the request of an elected chief minister for similar facilities.” Under the Prisons Act, the director-general (prisons) or the lieutenant-governor have the powers to declare any facility as a “prison” for security reasons or for ease of operation.

    With Kejriwal remanded to jail and refusing to quit as CM, an unprecedented situation has emerged for the first time in history, of a CM insisting on running the government from behind bars. As per Rule 1349 of the Jail Manual, only 10 facilities are extended to an undertrial prisoner – legal defence, interviews with lawyers or family members (for legal purposes), signing vakalatnamas, delegation of power of attorney, execution of will, essential religious necessities as per rules, applications to courts for legal aid at government cost as per provisions of law, other applications to courts, application to legal aid societies for free legal aid and such other facilities as are sanctioned by the government. These do not include video conferencing facilities or signatures on files.

  • Liquor scam case: CM Kejriwal in Tihar, what happens to Delhi govt, AAP – The Economic Times Video

    Delhi CM Arvind Kejriwal’s arrest poses a leadership question before the Aam Aadmi Party. In this video, Nidhi Sharma, The Economic Times, explains the liquor scam case involving CM Kejriwal, his judicial custody in Tihar jail, and what happens to the Delhi government and AAP. Can AAP continue to govern effectively? Watch!

  • Atishi declares order of appointing Delhi govt standing counsel on interim basis ‘invalid’

    NEW DELHI: Delhi Law Minister Atishi has declared as “invalid” an order issued by the principal secretary (Law) appointing another lawyer as standing counsel to represent Delhi government before the Delhi High Court on interim basis instead of standing counsel (civil) Santosh Kumar Tripathi.

    The minister, in an order issued on February 15, said “Tripathi will continue to handle the responsibilities of standing counsel (civil), Delhi High Court, GNCTD”.

    A copy of the order has also been sent to the registrar general of the high court.Earlier this month, Delhi Lieutenant Governor V K Saxena had said that government counsel have made “misleading” statements before the high court related to a report on the opening of liquor vends in conforming and non-conforming wards while implementing the now-rescinded excise policy in the national capital, officials had said.

    Later on February 14, the principal secretary (Law) issued an order stating, “As an interim arrangement and to ensure proper representation of GNCTD of Delhi before Hon’ble High Court of Delhi, Shri Anupam Srivastava, Additional Standing Counsel (Civil) is hereby appointed Standing Counsel (Civil), Delhi High Court NCT of Delhi till further orders. He will perform all the duties of Standing Counsel (Civil), Delhi High Court, GNCT of Delhi and conduct the cases presently handled by Shri Santosh Kumar Tripathi.”

    Taking note of this, the next day Atishi issued an order saying that the principal secretary (Law) had issued the order on the directions of the LG and the Chief Secretary and the appointment of the standing counsel is a transferred subject and is a decision taken by the Council of Ministers of the Delhi government.”Removal or appointment of a standing counsel (whether in a permanent or interim manner) is outside the, purview of the Hon’ble LG. Neither is this covered under the GNCTD Amendment Act 2023,” she said in the order.”The impugned order has been issued by principal secretary (Law) without the approval of the minister in-charge and is therefore without basis in law, and is in violation of Allocation of Business Rules, Transaction of Business Rules, GNCTD Act and Article 239AA of the Constitution. Therefore, the impugned order is ab initio null and void, and therefore declared invalid,” she said.

    The principal secretary (Law) on the instructions of LG, had also asked Tripathi not to appear on behalf of Delhi government before any court of law till further orders and till the decision is taken in the matter by the competent authority.

    A similar order was also issued to advocate Arun Panwar, who is also a panel counsel of Delhi government.

    Earlier, Raj Niwas officials had said the proposal of the Excise Commissioner to submit the report of the committee — set up on the orders of the Delhi High Court regarding conforming and non-conforming wards — to the court was moved for LG’s approval on August 18, 2022.

    However, it was stalled by the then minister twice, officials had said.

    “All this while the government kept telling on record in HC, that the report was pending with LG. It prompted the court to request the LG thrice to clear the file for submission of the report expeditiously, despite the fact that the file was not with LG.

    “The proposal was cleared by Atishi (Delhi minister) who sent it for further recommendation to Chief Minister Arvind Kejriwal, who cleared it on January 16 this year and sent it to LG,” an official had said.

    In a file noting to Kejriwal, Saxena noted that the file relating to the approval of the report was received at the LG Secretariat on January 16 this year — after a lapse of one year and five months since it was first moved for LG’s approval on August 18, 2022, the official had said.

    Saxena had noted in the file that the case is a “sad reflection on the manner in which the state government counsels made false and misleading statements” before the court, showing the Lieutenant Governor and his office in poor light in the eyes of the court.

    (You can now subscribe to our Economic Times WhatsApp channel)

  • Centre to introduce Delhi services bill in Lok Sabha on August 1

    By PTI

    NEW DELHI: The Delhi services bill which seeks to replace an ordinance that mandated the creation of an authority for transfers and postings of senior officers in the Delhi government is listed for introduction in the Lok Sabha on Tuesday.

    According to the revised list of business for Tuesday, Home Minister Amit Shah will introduce the bill while his deputy Nityanand Rai will make a statement on the reasons for bringing “immediate legislation” by promulgating the ordinance.

    The ordinance has become a rallying point for opposition parties against the BJP-led NDA.

    According to The Government of National Capital Territory of Delhi (Amendment) Bill, all transfers and postings of senior officers in the Delhi government will be done by a three-member committee headed by the Delhi chief minister.

    The Delhi ordinance was promulgated by the central government a week after the Supreme Court handed over the control of services in Delhi, excluding police, public order and land, to the elected government headed by Chief Minister Arvind Kejriwal.

    “With a view to give effect to the intent and purpose behind the provisions of Article 239AA of the Constitution, a permanent authority, headed by the Chief Minister of Delhi along with the Chief Secretary, Government of National Capital Territory of Delhi and the Principal Secretary, Home, Government of National Capital Territory of Delhi, is being constituted to make recommendations to the Lieutenant Governor regarding matters concerning transfer postings, vigilance and other matters, according to the statement of objects and reasons of the bill.

    The National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all Group ‘A’ officers (IAS) and officers of Delhi Andaman and Nicobar Islands Civil Service (DANICS) officer (DANICS) serving in the Delhi government.

    It says that this would balance the interest of the nation with the interest of the Union territory of Delhi in the administration of the capital to the manifestation of the will of the people reposed in the central government as well as the government of the National Capital Territory of Delhi.

    Justifying the move to bring the bill, the statement of objects and reasons says several important national and international institutions and authorities like the President, the Parliament, the Supreme Court, various constitutional functionaries, foreign diplomatic missions, international agencies, etc are located in Delhi and high dignitaries from other nations pay official visits to Delhi.

    The highest possible standards are required to be maintained in the administration and governance of the National Capital Territory of Delhi, it said.

    ALSO READ | Amid Parliament gridlock, Centre aims to pass contentious Delhi services ordinance bill this week

    It said that any decision taken in respect of Delhi not only affects the residents of the city but the entire country and shall have the potential of putting the national reputation, image, credibility and prestige at stake in the international global spectrum and therefore, the entire nation is vitally interested in the governance of the National Capital Territory of Delhi.

    Chief Minister Arvind Kejriwal’s Aam Aadmi Party had opposed the ordinance saying the Centre had “deceived” the people of Delhi.

    “This is a deception committed by the Supreme Court and the people of Delhi who have chosen Kejriwal thrice as the chief minister.

    He doesn’t have any powers but the LG, who has not even been chosen but forced upon people, will have powers and through him, the Centre will keep tabs on the work happening in Delhi.

    This is contempt of court,” AAP chief spokesperson and Services Minister Saurabh Bharadwaj had said.

    Kejriwal himself, along with party-ruled Punjab’s Chief Minister Bhagwant Mann, had visited most non-BJP-ruled states and met opposition leaders seeking their support to oppose the legislation.

    NEW DELHI: The Delhi services bill which seeks to replace an ordinance that mandated the creation of an authority for transfers and postings of senior officers in the Delhi government is listed for introduction in the Lok Sabha on Tuesday.

    According to the revised list of business for Tuesday, Home Minister Amit Shah will introduce the bill while his deputy Nityanand Rai will make a statement on the reasons for bringing “immediate legislation” by promulgating the ordinance.

    The ordinance has become a rallying point for opposition parties against the BJP-led NDA.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    According to The Government of National Capital Territory of Delhi (Amendment) Bill, all transfers and postings of senior officers in the Delhi government will be done by a three-member committee headed by the Delhi chief minister.

    The Delhi ordinance was promulgated by the central government a week after the Supreme Court handed over the control of services in Delhi, excluding police, public order and land, to the elected government headed by Chief Minister Arvind Kejriwal.

    “With a view to give effect to the intent and purpose behind the provisions of Article 239AA of the Constitution, a permanent authority, headed by the Chief Minister of Delhi along with the Chief Secretary, Government of National Capital Territory of Delhi and the Principal Secretary, Home, Government of National Capital Territory of Delhi, is being constituted to make recommendations to the Lieutenant Governor regarding matters concerning transfer postings, vigilance and other matters, according to the statement of objects and reasons of the bill.

    The National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all Group ‘A’ officers (IAS) and officers of Delhi Andaman and Nicobar Islands Civil Service (DANICS) officer (DANICS) serving in the Delhi government.

    It says that this would balance the interest of the nation with the interest of the Union territory of Delhi in the administration of the capital to the manifestation of the will of the people reposed in the central government as well as the government of the National Capital Territory of Delhi.

    Justifying the move to bring the bill, the statement of objects and reasons says several important national and international institutions and authorities like the President, the Parliament, the Supreme Court, various constitutional functionaries, foreign diplomatic missions, international agencies, etc are located in Delhi and high dignitaries from other nations pay official visits to Delhi.

    The highest possible standards are required to be maintained in the administration and governance of the National Capital Territory of Delhi, it said.

    ALSO READ | Amid Parliament gridlock, Centre aims to pass contentious Delhi services ordinance bill this week

    It said that any decision taken in respect of Delhi not only affects the residents of the city but the entire country and shall have the potential of putting the national reputation, image, credibility and prestige at stake in the international global spectrum and therefore, the entire nation is vitally interested in the governance of the National Capital Territory of Delhi.

    Chief Minister Arvind Kejriwal’s Aam Aadmi Party had opposed the ordinance saying the Centre had “deceived” the people of Delhi.

    “This is a deception committed by the Supreme Court and the people of Delhi who have chosen Kejriwal thrice as the chief minister.

    He doesn’t have any powers but the LG, who has not even been chosen but forced upon people, will have powers and through him, the Centre will keep tabs on the work happening in Delhi.

    This is contempt of court,” AAP chief spokesperson and Services Minister Saurabh Bharadwaj had said.

    Kejriwal himself, along with party-ruled Punjab’s Chief Minister Bhagwant Mann, had visited most non-BJP-ruled states and met opposition leaders seeking their support to oppose the legislation.

  • Centre moves SC seeking review of judgement granting AAP govt power over services

    Express News Service

    NEW DELHI: Hours after centre promulgating GNCTD Amendment Ordinance, 2023 restoring to itself the power over “services”, centre has approached the Supreme Court seeking review of its May 11 verdict that granted NCTD the legislative and executive power over all the services except the matters relating to land, public order and police which are with the centre. 

    The power was granted by the five-judge bench of CJI DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha while ruling unanimously that L-G is bound by aid and advice of the NCT government except the matters relating to land, public order & police and it is ideal to hold that a democratically elected government shall have control over its officers. 

    Laying emphasis on the triple chain of command connecting civil servants with people of country at large or any of its federal units, CJI DY Chandrachud in 105 page verdict authored by him had said that principle of collective responsibility extends to the responsibility of officers, who in turn report to the ministers and the principle of collective responsibility would be effected in case of officers not reporting or failing to abide by the directions.

    “If a democratically elected government is not provided with the power to control the officers posted within its domain, then the principle underlying the triple-chain of collective responsibility would become redundant. That is to say, if the government is not able to control and hold to account the officers posted in its service, then its responsibility towards the legislature, as well as the public, is diluted. The principle of collective responsibility extends to the responsibility of officers, who in turn report to the ministers. If the officers stop reporting to the ministers or do not abide by their directions, the entire principle of collective responsibility is affected. A democratically elected government can perform, only when there is an awareness on the part of officers of the consequences which may ensue if they do not perform. If the officers feel that they are insulated from the control of the elected government which they are serving, then they become unaccountable or may not show commitment towards their performance,” the bench said. 

    Although the centre has sought review of the verdict, the new ordinance introduced a new chapter in the GNCTD Act, Part IVA, wherein a new service commission has been created for Delhi the first time. The move makes the LG the final authority who can act on his ‘sole discretion’ in deciding the matters relating to transfer and posting of bureaucrats.

    NEW DELHI: Hours after centre promulgating GNCTD Amendment Ordinance, 2023 restoring to itself the power over “services”, centre has approached the Supreme Court seeking review of its May 11 verdict that granted NCTD the legislative and executive power over all the services except the matters relating to land, public order and police which are with the centre. 

    The power was granted by the five-judge bench of CJI DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha while ruling unanimously that L-G is bound by aid and advice of the NCT government except the matters relating to land, public order & police and it is ideal to hold that a democratically elected government shall have control over its officers. 

    Laying emphasis on the triple chain of command connecting civil servants with people of country at large or any of its federal units, CJI DY Chandrachud in 105 page verdict authored by him had said that principle of collective responsibility extends to the responsibility of officers, who in turn report to the ministers and the principle of collective responsibility would be effected in case of officers not reporting or failing to abide by the directions.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    “If a democratically elected government is not provided with the power to control the officers posted within its domain, then the principle underlying the triple-chain of collective responsibility would become redundant. That is to say, if the government is not able to control and hold to account the officers posted in its service, then its responsibility towards the legislature, as well as the public, is diluted. The principle of collective responsibility extends to the responsibility of officers, who in turn report to the ministers. If the officers stop reporting to the ministers or do not abide by their directions, the entire principle of collective responsibility is affected. A democratically elected government can perform, only when there is an awareness on the part of officers of the consequences which may ensue if they do not perform. If the officers feel that they are insulated from the control of the elected government which they are serving, then they become unaccountable or may not show commitment towards their performance,” the bench said. 

    Although the centre has sought review of the verdict, the new ordinance introduced a new chapter in the GNCTD Act, Part IVA, wherein a new service commission has been created for Delhi the first time. The move makes the LG the final authority who can act on his ‘sole discretion’ in deciding the matters relating to transfer and posting of bureaucrats.

  • Sisodia quits Delhi govt after SC rejects his bail plea, Jain follows suit

    Express News Service

    NEW DELHI:  Hours after the Supreme Court refused to entertain Delhi Deputy Chief Minister Manish Sisodia’s petition challenging his arrest by the CBI in the liquor policy scam, he and other incarcerated colleague Satyendar Jain resigned as ministers in the AAP government. 

    Chief Minister Arvind Kejriwal accepted the resignations. In a late-night announcement, Revenue Minister Kailash Gahlot was given additional charge of finance, PWD, power and home held by Sisodia. The outgoing deputy CM’s other portfolios like education, health and services were allotted to Social Welfare Minister Raaj Kumar Anand as additional charge.

    “The work of Delhi should not be interrupted, so Kejriwal accepted the resignations,” said AAP’s Rajya Sabha MP Sanjay Singh. Sisodia’s resignation came a couple of days after his arrest while Jain put in his papers almost eight months after his arrest by the Enforcement Directorate (ED) in a case related to money laundering.

    Sisodia was handling 18 of the total 33 departments of the Delhi government. He was directly monitoring several critical government projects, including streetscaping and traffic decongestion plans, ahead of the G20 summit. He was also the administrative face of the government.

    In the SC, when counsel A M Singhvi mentioned the matter before a bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha, they said Sisodia has alternative remedies for getting the FIR quashed under Section 482 CrPC. He can also apply for bail in a lower court, the bench said. “Just because an incident happens in Delhi doesn’t mean we are approached. It will set a very wrong precedent,” Justice Narasimha said.

    Singhvi argued that “The allegation is that there was policy decision taken where he (Sisodia) was one rung out of the seven, including the L-G. Power of arrest does not mean compulsion to arrest.”

    Blow to AAP national expansion? Sisodia’s arrest and resignation could affect the AAP’s national expansion plans ahead of the 2024 LS polls. The BJP hopes it will tie down Kejriwal to Delhi and Punjab

    NEW DELHI:  Hours after the Supreme Court refused to entertain Delhi Deputy Chief Minister Manish Sisodia’s petition challenging his arrest by the CBI in the liquor policy scam, he and other incarcerated colleague Satyendar Jain resigned as ministers in the AAP government. 

    Chief Minister Arvind Kejriwal accepted the resignations. In a late-night announcement, Revenue Minister Kailash Gahlot was given additional charge of finance, PWD, power and home held by Sisodia. The outgoing deputy CM’s other portfolios like education, health and services were allotted to Social Welfare Minister Raaj Kumar Anand as additional charge.

    “The work of Delhi should not be interrupted, so Kejriwal accepted the resignations,” said AAP’s Rajya Sabha MP Sanjay Singh. Sisodia’s resignation came a couple of days after his arrest while Jain put in his papers almost eight months after his arrest by the Enforcement Directorate (ED) in a case related to money laundering.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    Sisodia was handling 18 of the total 33 departments of the Delhi government. He was directly monitoring several critical government projects, including streetscaping and traffic decongestion plans, ahead of the G20 summit. He was also the administrative face of the government.

    In the SC, when counsel A M Singhvi mentioned the matter before a bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha, they said Sisodia has alternative remedies for getting the FIR quashed under Section 482 CrPC. He can also apply for bail in a lower court, the bench said. “Just because an incident happens in Delhi doesn’t mean we are approached. It will set a very wrong precedent,” Justice Narasimha said.

    Singhvi argued that “The allegation is that there was policy decision taken where he (Sisodia) was one rung out of the seven, including the L-G. Power of arrest does not mean compulsion to arrest.”

    Blow to AAP national expansion? 
    Sisodia’s arrest and resignation could affect the AAP’s national expansion plans ahead of the 2024 LS polls. The BJP hopes it will tie down Kejriwal to Delhi and Punjab

  • Courts should be sensitive, dealing with humans, not files: Delhi HC 

    By PTI

    NEW DELHI: Courts need to maintain sensitivity and compassion that is balanced with the law as they are dealing with humans and not mere files and orders, the Delhi High Court has said.

    The court’s observation came while dealing with a petition by a murder convict serving a life term, who sought a two-month parole to settle the division of his family property, arrange funds for his family and also “curb inner stress” following the death of his mother.

    The petitioner’s request for parole was turned down by the Delhi government on several grounds, including that his conduct in jail was unsatisfactory.

    Justice Swarana Kanta Sharma, however, directed the release of the petitioner for a period of 45 days on parole, saying, “Sensitivity and compassion balanced with rules, regulations and law needs to be maintained by any court as one is dealing with humans and not mere files and orders.

    “The judge considered that the petitioner, who has spent 14 years in jail and was earlier granted parole on seven occasions, “has lost his mother while he was in judicial custody and now after the death of his mother, such exigencies have arisen which he needs to attend to”.

    “While considering grant of parole, the court also has to remain conscious of the fact that the petitioner has been awarded life imprisonment and circumstances have arisen in the last 14 years, which he needs to attend to,” said the judge in a recent order.

    The court asked the petitioner to furnish a personal bond of Rs 25,000 while dispensing with the requirement of furnishing a surety as he did not have any relatives in Delhi.

    In its order, the court said that in the last two years, the petitioner was not involved in any offence involving violence and that his last two punishments in jail were still a matter of inquiry.

    It further noted that the petitioner was granted parole earlier on seven occasions and had not misused the liberty.

    While ordering the release of the petitioner, the court asked him to surrender his passport, keep his mobile number switched on at all times and not indulge in any unlawful act or omission.

    NEW DELHI: Courts need to maintain sensitivity and compassion that is balanced with the law as they are dealing with humans and not mere files and orders, the Delhi High Court has said.

    The court’s observation came while dealing with a petition by a murder convict serving a life term, who sought a two-month parole to settle the division of his family property, arrange funds for his family and also “curb inner stress” following the death of his mother.

    The petitioner’s request for parole was turned down by the Delhi government on several grounds, including that his conduct in jail was unsatisfactory.

    Justice Swarana Kanta Sharma, however, directed the release of the petitioner for a period of 45 days on parole, saying, “Sensitivity and compassion balanced with rules, regulations and law needs to be maintained by any court as one is dealing with humans and not mere files and orders.

    “The judge considered that the petitioner, who has spent 14 years in jail and was earlier granted parole on seven occasions, “has lost his mother while he was in judicial custody and now after the death of his mother, such exigencies have arisen which he needs to attend to”.

    “While considering grant of parole, the court also has to remain conscious of the fact that the petitioner has been awarded life imprisonment and circumstances have arisen in the last 14 years, which he needs to attend to,” said the judge in a recent order.

    The court asked the petitioner to furnish a personal bond of Rs 25,000 while dispensing with the requirement of furnishing a surety as he did not have any relatives in Delhi.

    In its order, the court said that in the last two years, the petitioner was not involved in any offence involving violence and that his last two punishments in jail were still a matter of inquiry.

    It further noted that the petitioner was granted parole earlier on seven occasions and had not misused the liberty.

    While ordering the release of the petitioner, the court asked him to surrender his passport, keep his mobile number switched on at all times and not indulge in any unlawful act or omission.

  • Delhi government issues new promotion policy for class 5, 8 students

    By PTI

    NEW DELHI: The Delhi government has issued a new promotion policy for students of classes 5 and 8 and fresh examination guidelines for classes 3-8 which will be implemented from the academic session 2023-24, officials said on Friday.

    The Delhi government officials said that under the new assessment guidelines, students of classes 5 and 8 “will not be promoted to the next class” if they “do not pass” the yearly examination.

    The new assessment and promotion guidelines prepared by the State Council of Educational Research and Training (SCERT) Delhi were released by the Directorate of Education (DoE) for all government, local bodies and private schools in Delhi on Friday.

    According to the guidelines, assessment of children’s learning in classes 5 and 8 will include mid-term and annual examinations as well as co-curricular activities.

    The co-curricular activities include project-based activities, portfolio, child’s participation in the classroom, participation in activities like theatre, dance, music, sports and child’s attendance.

    Under SCERT’s new assessment guidelines, if a child is unable to pass class 5 or 8, he/she will get another chance to improve the performance within two months through re-examination.

    “No child shall be expelled from school till the completion of elementary education. There shall be a regular examination in classes 5 and 8 at the end of every academic year,” the guidelines said.

    It further said that he assessment of classes 3, 4, 6, and 7 will be done on the same examination pattern as of classes 5 and 8.

    The students of classes 3, 4, 6 and 7 will not be held back in the same class.

    For classes 5 and 8, in order to be declared “Pass” at the end of the session for promotion to the next higher class, a student must secure at least 33 per cent marks in each subject during the session, according to the guidelines.

    “The promotion to the next higher class is also subject to the condition that a minimum of 25 per cent of marks must be scored in mid term plus annual examination,” the guidelines said.

    It further said that in order to be declared “Pass” in re-examination, a student will have to secure at least 25 per cent marks in the subject(s) and if a student does not secure at least 25 per cent, the student will be placed in the category of “essential repeat” — which means the student in this case will be held back in the same class during the next session.

    “The ‘no detention policy’ was very progressive but due to lack of preparation, the education system could not take full advantage of it. But we need to prepare such a system to lay a strong foundation at the elementary level,” Deputy Chief Minister Manish Sisodia said.

    He further stated that keeping the “holistic development of children” in mind, SCERT, Delhi has released new assessment guidelines.

    “Through these guidelines, our aim is not to stop any student from getting promoted to the next class. Our real aim is to bring the same degree of seriousness in elementary grades as for class X and XII,” the deputy chief minister added.

    The guidelines will be implemented in all the government, government-aided, Municipal Corporation of Delhi, New Delhi Municipal Corporation, Delhi Cantonment Board and recognized unaided schools within NCT of Delhi from the Academic session 2023-24.

    NEW DELHI: The Delhi government has issued a new promotion policy for students of classes 5 and 8 and fresh examination guidelines for classes 3-8 which will be implemented from the academic session 2023-24, officials said on Friday.

    The Delhi government officials said that under the new assessment guidelines, students of classes 5 and 8 “will not be promoted to the next class” if they “do not pass” the yearly examination.

    The new assessment and promotion guidelines prepared by the State Council of Educational Research and Training (SCERT) Delhi were released by the Directorate of Education (DoE) for all government, local bodies and private schools in Delhi on Friday.

    According to the guidelines, assessment of children’s learning in classes 5 and 8 will include mid-term and annual examinations as well as co-curricular activities.

    The co-curricular activities include project-based activities, portfolio, child’s participation in the classroom, participation in activities like theatre, dance, music, sports and child’s attendance.

    Under SCERT’s new assessment guidelines, if a child is unable to pass class 5 or 8, he/she will get another chance to improve the performance within two months through re-examination.

    “No child shall be expelled from school till the completion of elementary education. There shall be a regular examination in classes 5 and 8 at the end of every academic year,” the guidelines said.

    It further said that he assessment of classes 3, 4, 6, and 7 will be done on the same examination pattern as of classes 5 and 8.

    The students of classes 3, 4, 6 and 7 will not be held back in the same class.

    For classes 5 and 8, in order to be declared “Pass” at the end of the session for promotion to the next higher class, a student must secure at least 33 per cent marks in each subject during the session, according to the guidelines.

    “The promotion to the next higher class is also subject to the condition that a minimum of 25 per cent of marks must be scored in mid term plus annual examination,” the guidelines said.

    It further said that in order to be declared “Pass” in re-examination, a student will have to secure at least 25 per cent marks in the subject(s) and if a student does not secure at least 25 per cent, the student will be placed in the category of “essential repeat” — which means the student in this case will be held back in the same class during the next session.

    “The ‘no detention policy’ was very progressive but due to lack of preparation, the education system could not take full advantage of it. But we need to prepare such a system to lay a strong foundation at the elementary level,” Deputy Chief Minister Manish Sisodia said.

    He further stated that keeping the “holistic development of children” in mind, SCERT, Delhi has released new assessment guidelines.

    “Through these guidelines, our aim is not to stop any student from getting promoted to the next class. Our real aim is to bring the same degree of seriousness in elementary grades as for class X and XII,” the deputy chief minister added.

    The guidelines will be implemented in all the government, government-aided, Municipal Corporation of Delhi, New Delhi Municipal Corporation, Delhi Cantonment Board and recognized unaided schools within NCT of Delhi from the Academic session 2023-24.

  • Sorry state of affairs: HC to Delhi govt on 2 children plea seeking support under disabilities law 

    By PTI

    NEW DELHI: The Delhi High Court has pulled up the city government for “miserably failing” to carry out its duty as “State” towards two children seeking assistance and support in terms of the disabilities law, terming it as a sorry state of affairs.

    Justice Gaurang Kanth noted that in spite of the Delhi government’s assurance — given over two years ago– that it would ‘take all possible steps in the best interest of the children’ suffering from cerebral palsy, it was ‘not in a position to even consider’ the children’s case positively or to take steps to provide adequate assistance.

    “The affidavit filed by Joint Director (CPU), Department of Women and Child Development, Government of Delhi shows the sorry state of affairs of children in the State of Delhi. The affidavit has been filed to address the concern of this Court in providing assistance to petitioners No.1 & 2,” the court said in its order dated September 8.

    “On the one hand, respondent No.5 (Delhi government) is assuring this Court to take all possible steps in the best interest of the children in the State of Delhi, but even after two-and-a-half years of giving this assurance to this Court, respondent No.5 has miserably failed to carry out their duties as a ‘State’. It appears that respondent No.5 is not in a position to even consider the case of petitioners Nos.1 & 2 positively or to take any steps for providing adequate assistance to support the needs of the petitioners,” the court said.

    Justice Kanth stated that the conduct of the city government was “highly contemptuous” and he was thus inclined to issue a contempt notice but proceeded to grant an opportunity to the authorities concerned to take appropriate action.

    “This court records its displeasure about the conduct of respondent No.5, which is highly contemptuous and hence, this Court is inclined to issue contempt notice to the Secretary, Department of Social Welfare, Government of NCT of Delhi. At this stage, learned counsel for respondent No.5 seeks one last opportunity to comply with the order dated 29.01.2020 of this Court. He is at liberty to take appropriate action in compliance with the order dated 29.01.2020 passed by this Court,” it said.

    The court noted that in its order dated January 29, 2020, it had directed the Department of Social Welfare, Delhi government to consider the case of children and take a decision on the support that needs to be provided to them in view of the mandate as well as the object and purpose of the Rights of Persons with Disabilities Act, 2016.

    The order said the court, at the time of passing the order in 2020, was conscious of the fact that the city government had not notified ‘Authority’ as required under Section 38(1) of the Act and hence, there was no scheme which would presently cover the case of the petitioners.

    It had, however, directed the Delhi government to consider the case of the children here as a “State which is responsible for taking steps to protect the best interest of all children residing in the State of Delhi”.

    NEW DELHI: The Delhi High Court has pulled up the city government for “miserably failing” to carry out its duty as “State” towards two children seeking assistance and support in terms of the disabilities law, terming it as a sorry state of affairs.

    Justice Gaurang Kanth noted that in spite of the Delhi government’s assurance — given over two years ago– that it would ‘take all possible steps in the best interest of the children’ suffering from cerebral palsy, it was ‘not in a position to even consider’ the children’s case positively or to take steps to provide adequate assistance.

    “The affidavit filed by Joint Director (CPU), Department of Women and Child Development, Government of Delhi shows the sorry state of affairs of children in the State of Delhi. The affidavit has been filed to address the concern of this Court in providing assistance to petitioners No.1 & 2,” the court said in its order dated September 8.

    “On the one hand, respondent No.5 (Delhi government) is assuring this Court to take all possible steps in the best interest of the children in the State of Delhi, but even after two-and-a-half years of giving this assurance to this Court, respondent No.5 has miserably failed to carry out their duties as a ‘State’. It appears that respondent No.5 is not in a position to even consider the case of petitioners Nos.1 & 2 positively or to take any steps for providing adequate assistance to support the needs of the petitioners,” the court said.

    Justice Kanth stated that the conduct of the city government was “highly contemptuous” and he was thus inclined to issue a contempt notice but proceeded to grant an opportunity to the authorities concerned to take appropriate action.

    “This court records its displeasure about the conduct of respondent No.5, which is highly contemptuous and hence, this Court is inclined to issue contempt notice to the Secretary, Department of Social Welfare, Government of NCT of Delhi. At this stage, learned counsel for respondent No.5 seeks one last opportunity to comply with the order dated 29.01.2020 of this Court. He is at liberty to take appropriate action in compliance with the order dated 29.01.2020 passed by this Court,” it said.

    The court noted that in its order dated January 29, 2020, it had directed the Department of Social Welfare, Delhi government to consider the case of children and take a decision on the support that needs to be provided to them in view of the mandate as well as the object and purpose of the Rights of Persons with Disabilities Act, 2016.

    The order said the court, at the time of passing the order in 2020, was conscious of the fact that the city government had not notified ‘Authority’ as required under Section 38(1) of the Act and hence, there was no scheme which would presently cover the case of the petitioners.

    It had, however, directed the Delhi government to consider the case of the children here as a “State which is responsible for taking steps to protect the best interest of all children residing in the State of Delhi”.

  • ‘Constructing separate toilets for Transgenders on fast track basis’: Delhi govt tells High Court

    By ANI

    NEW DELHI:  The Delhi Government has told the High court that the state is making all possible efforts to ensure the creation of separate toilets for the use of Transgenders adding that the task will be completed on a fast track basis.

    The submissions of the Delhi government counsel came during the hearing of a public interest litigation (PIL) that sought directions for separate public toilets for transgenders.

    After taking note of the submissions made by its counsel, the bench of Justice Satish Chander Mishra and Justice Subramoiumn Prasad granted the state government six weeks to file a fresh status report on the construction of new toilets for the use of Transgenders or Third Gender persons.

    The Court listed the matter for November 14, for a detailed hearing.

    According to the recent status report of the Delhi Government, as many as 505 toilets meant for Persons with Disabilities have also been designated for the use of Transgenders.

    The Status Report further revealed that nine new toilets for the use of Transgender/Third Gender persons have already been constructed and the construction of 56 more toilets solely for Transgender/Third Gender persons is underway.

    The Delhi government also filed a detailed chart furnishing minute details with respect to the separate toilets for Transgender persons.

    The Delhi High Court had earlier sought a response from the Centre, Delhi Government, Civic Bodies and others on a Public Interest Litigation (PIL) seeking direction to respondents to take necessary actions for building separate washrooms for transgender/ third genders.

    The Petitioner, Jasmine Kaur Chhabra, a Law Student through Advocate Rupinder Pal Singh sought direction to respondents for necessary actions as per the Swachh Bharat Mission (Urban) Revised Guidelines dated 5 October 2017 specifying the need to make separate seats/toilets for trans-genders.

    ALSO READ | Respect our rights: Trans activists

    The plea further sought direction to maintain the hygiene of the washrooms, so that every citizen of India gets equal rights and facilities for accessing the basic things, needed for a standard living.

    The petition sought proper implementation of the Transgender Persons (Protection of Rights) Act, 2019 which criminalises the discrimination against a transgender person in education, employment, healthcare, movement and right to reside.

    The plea further stated that the Centre has released funds but there are still no separate toilets for the Transgender/Third gender community in Delhi.

    Mysore, Bhopal and Ludhiana have already started taking action on the matter and have built separate public washrooms and that Delhi was still nowhere in taking such an initiative, it added.

    There are no separate toilet facilities for transgenders, they have to use male toilets where they are prone to sexual assault and harassment. Discrimination on the ground of sexual orientation or gender identity, therefore, impairs equality before law and equal protection of law and violates Article 14 of the Constitution of India. They don’t even have any remedy available for the same as there are no provisions in the IPC,1860 that protect transgender from sexual assault by any male, female or another transgender, the plea read. 

    NEW DELHI:  The Delhi Government has told the High court that the state is making all possible efforts to ensure the creation of separate toilets for the use of Transgenders adding that the task will be completed on a fast track basis.

    The submissions of the Delhi government counsel came during the hearing of a public interest litigation (PIL) that sought directions for separate public toilets for transgenders.

    After taking note of the submissions made by its counsel, the bench of Justice Satish Chander Mishra and Justice Subramoiumn Prasad granted the state government six weeks to file a fresh status report on the construction of new toilets for the use of Transgenders or Third Gender persons.

    The Court listed the matter for November 14, for a detailed hearing.

    According to the recent status report of the Delhi Government, as many as 505 toilets meant for Persons with Disabilities have also been designated for the use of Transgenders.

    The Status Report further revealed that nine new toilets for the use of Transgender/Third Gender persons have already been constructed and the construction of 56 more toilets solely for Transgender/Third Gender persons is underway.

    The Delhi government also filed a detailed chart furnishing minute details with respect to the separate toilets for Transgender persons.

    The Delhi High Court had earlier sought a response from the Centre, Delhi Government, Civic Bodies and others on a Public Interest Litigation (PIL) seeking direction to respondents to take necessary actions for building separate washrooms for transgender/ third genders.

    The Petitioner, Jasmine Kaur Chhabra, a Law Student through Advocate Rupinder Pal Singh sought direction to respondents for necessary actions as per the Swachh Bharat Mission (Urban) Revised Guidelines dated 5 October 2017 specifying the need to make separate seats/toilets for trans-genders.

    ALSO READ | Respect our rights: Trans activists

    The plea further sought direction to maintain the hygiene of the washrooms, so that every citizen of India gets equal rights and facilities for accessing the basic things, needed for a standard living.

    The petition sought proper implementation of the Transgender Persons (Protection of Rights) Act, 2019 which criminalises the discrimination against a transgender person in education, employment, healthcare, movement and right to reside.

    The plea further stated that the Centre has released funds but there are still no separate toilets for the Transgender/Third gender community in Delhi.

    Mysore, Bhopal and Ludhiana have already started taking action on the matter and have built separate public washrooms and that Delhi was still nowhere in taking such an initiative, it added.

    There are no separate toilet facilities for transgenders, they have to use male toilets where they are prone to sexual assault and harassment. Discrimination on the ground of sexual orientation or gender identity, therefore, impairs equality before law and equal protection of law and violates Article 14 of the Constitution of India. They don’t even have any remedy available for the same as there are no provisions in the IPC,1860 that protect transgender from sexual assault by any male, female or another transgender, the plea read.