Delhi Lieutenant Governor Anil Baijal has written to Chief Minister Arvind Kejriwal to reconsider introducing the ‘Regularisation of Services of Guest Teachers and Teachers engaged under the Sarva Shiksha Abhiyan Bill, 2017’ in a special session of the Assembly scheduled for Wednesday.
The Bill, which says that all guest teachers and Sarva Shiksha Abhiyan teachers, who have been working for at least 120 days after April 1, 2016, and meet the minimum educational qualifications, will be regularised against the existing vacancies.
The L-G, however, wrote to Kejriwal Tuesday, a day before the Bill is to be tabled, telling him that the “introduction and consideration of the Bill is not in accordance with the constitutional scheme of governance of NCT of Delhi”.
“A Cabinet Decision… 27.09.2017 was received in Lt. Governor’s Secretariat regarding the proposal to introduce the ‘Regularisation of Services of Guest Teachers and Teachers engaged under the Sarva Shiksha Abhiyan Bill, 2017’ in the National Capital Territory 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,” said a statement issued by the L-G office.
The L-G also raised the long-standing issue of which department falls under the Delhi government. “The L-G has noted that this issue is important as the subject matter of the Bill relates to ‘Services’, and as clarified by MHA Notification… dated 21st May 2015 and affirmed by Hon’ble High Court of Delhi in its judgment dated 04.08.2016… the matter relating to ‘services’ falls beyond the legislative competence of the Legislative Assembly of NCT of Delhi,” the statement said.
Leader of opposition Vijender Gupta termed the move to table the Bill “populist”. “A more in-depth legal and constitutional framework was expected for introducing the Bill,” he said.
Delhi government officials, however, said the Bill relates to education and not services.
“The Bill is to make sure that schools which function under the Delhi government have adequate teachers and hence it is a matter of education. Also, the Bill has been circulated to the House members and it is now a property of the House,” said the government spokesperson.