Inclined to issue contempt notice: HC to Delhi govt as it misses deadline to distribute books in govt schools

The latest status report in the matter was released Wednesday.

“This court was inclined to issue suo motu contempt notice to the deponent of the affidavit of May 2, however, Mr Tripathi (Delhi government counsel) assures and undertakes to this court that fresh undertaking in May 15 status report will be complied with. At request, the order is deferred till the next date of hearing,” the bench said. The matter is listed on July 1.

According to the department’s May 2 action-taken report, the process of textbook distribution, which started on April 22, was to be completed by May 10 — before summer vacations commence.

However, its status report of May 15 submits that, “distribution of textbooks to all the eligible students will be completed before the re-opening of the schools after the summer vacation”.

Noting the variance in the two reports, the bench orally remarked, “On May 2, you filed an affidavit…you said you will complete the distribution of textbooks by May 10. It can’t be a never-ending deadline. First it was prior to summer vacation; now it has come to ‘after the summer vacation’…”

The court further said, “Deadlines in court are not supposed to be breached. May 2 affidavit you are breaching today. Tomorrow, this (May 15) affidavit will also be breached. And you will come again with some novel ideas and we are supposed to digest everything. Is it proper? You have given a solemn undertaking to this court. Someone can go to jail for this. Who wants to go to jail (for breaching the undertaking)? Please tell us.”

Meanwhile, advocate Ashok Agarwal, appearing for the petitioner, NGO Social Jurist, said that as per the latest status report, out of the demand for 1,08,96,586 text books, a balance of 85,70,596 remains to be still supplied to the students of Class 1-8. He also pointed out that under the Right to Education Act, there is no provision for penalty for non-compliance of the provisions of the Act.

Meanwhile, advocate Santosh Kumar Tripathi, appearing for the government, submitted that although the May 10 deadline was indeed given, it was, however, not expected that the syllabus would entirely change. He submitted that there had been “some communication gap between departments over the procurement” of the books.

“If we don’t take action on the earlier affidavit, tomorrow we will be told that even today’s affidavit is meaningless,” the bench orally remarked.

Urging the court not to issue a contempt notice, Tripathi said, “This may have a reflection on the official. It may impact the services of the official. I understand what is coming from my lords. She (official) may face a serious situation.” He said that the department will ensure compliance of the fresh status report submitted before the court.

The HC was hearing a plea moved by Social Jurist, highlighting the lack of facilities such as textbooks and furniture in various schools of North East Delhi including Government Girls Senior Secondary School (GGSSS) Khajoori Khas, GGSSS East Gokal Pur, Sarvodaya Kanya Vidyalaya (SKV) C-1 Yamuna Vihar, GGSSS Sonia Vihar, and GGSSS Bhajanpura among others.