HC nixes PIL seeking finalisation of Delhi School Education (Amendment) Bill 2015

The court observed that it is not proper for it to direct the Governor –a constitutional authority – “to set a timeframe in matters which come purely” within his domain.

The bench held, “In the considered opinion of this court, even though the Bill has been passed by the House, it is always open to the Governor to agree or to send the Bill back to the House and this court ought not to pass a writ of mandamus directing the Governor to act by passing a writ.”

The observations were made in a plea moved by ‘Social Jurist, A Civil Rights Group’, an organisation of lawyers and social activists.

Perusing various judgments on the issue, the HC said that after Bill has had a passage through the House of Legislature of a state, it is presented to the Governor and it is for him to declare at that stage whether he gives assent or he withholds it or refers the Bill to the President for assent.

Perusing Article 200 of the Constitution of India, the HC said that till the time assent to the bill is not granted, the “legislative process is not completed”.

“It is well settled that courts cannot issue a writ of mandamus to the Governor directing the Governor to pass the Bill and it is always for the Governor to give his assent or withhold his assent to any Bill however desirable the legislation may be,” the bench further observed.

Observing that what the Governor does is “peculiarly within his discretion”, the HC said that while exercising that “he cannot feel bound on the act and advice of his Ministers”.

The HC said, “In view of the fact that mandamus as prayed for cannot be granted, the writ petition is rejected as not maintainable.”

The plea stated that the Bill was prepared in 2015 and for the last seven years it has been “hanging between the central government and Delhi government and is not being passed by the respondents”.

It was contended that the delay in proceeding further is contrary to the interest of children seeking admission in nursery/pre-primary in private schools resulting in an arbitrary procedure being adopted by different schools.