Delhi HC sends notice to LG on Delhi school Tribunal head appointment PIL

The Delhi High Court on Thursday issued notice on a Public Interest Litigation (PIL) seeking direction to authorities for the appointment of Presiding Officers of the Delhi School Tribunal with an additional charge of Appellate Authority in a time bound manner.

The posts have been lying vacant since June 2022.

The bench, comprising chief justice Satish Chandra Sharma and Subramonium Prasad, issued notice to Lieutenant Governor (LG), Delhi Government, Education Secretary and Transport Commissioner on the PIL moved by Advocate Mohit Mudgal.

The bench directed the respondents to file their replies within four weeks. The matter has been listed on February 2, 2023.

During the hearing, the counsel for the Government submitted that they will start the appointment process within 15 days.

It was also submitted that new rules related to the appointment are pending before the LG for approval.

The petitioner had also moved an interim application for direction for an extension of the tenure of the outgoing officers.

The request was rejected by the bench.

The petitioner stated that it is submitted that on June 21, 2019, a retired officer of Delhi Higher Judicial Services, retired as District and Session Judge, Delhi was appointed as a Presiding Officer of the Delhi School Tribunal.

He was also holding the additional portfolio as the Presiding Officer of the State Transport Appellate Authority under the Motor Vehicles Act, 1988 in respect of the appeals under the said Act filed against the suspension and cancellation of the transport vehicles permits, submitted.

It was also submitted that the tenure of the said Presiding Officer expired on June 20, 2022. Since June 21, 2022, the School Tribunal and the Appellate Authority under the MV Act became non-functional causing a delay in the disposal of the pending appeals and other matters under the Education Act and the MV Act.

Petitioner also said that every month, about 1,000 orders are passed for the suspension or cancellation of permits for commercial vehicles.

These orders are appealable before the Appellate Authority. Due to the non-functioning of the School Tribunal and Appellate Authority which is causing avoidable public inconvenience, a huge number of matters are pending before both the above-said authorities which are still increasing day by day.

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