Over 2 Lakh Students Without Bank Accounts Promoted To New Class Without Books, Uniforms: Delhi High Court Expresses Displeasure With MCD

The Commissioner of Municipal Corporation of Delhi (MCD) on Tuesday informed the Delhi High Court that over 2 lakhs students studying in the school administered by the civic body do not have bank accounts and are neither been distributed notebooks nor receiving cash reimbursement for uniforms, school bags and stationary.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that the students going to school and promoted to new class without books and uniforms would loose interest, which will have harmful affects on them.

The Commissioner informed court that while textbooks and notebooks are given in kind, cash reimbursement is given for uniform and stationary etc. He said that since a total of 2,73,346 students do not have bank accounts, uniform and stationary reimbursement has not been made to them.

The court was informed that since the number of students not having bank accounts was huge, the MCD put efforts and the percentage was increased frok 48 percent in September last year to 72.16 percent till date.

“We have opened bank accounts or 1,85,188 students in the last 4 to 5 months…,” the Commissioner said.

He further submitted that the civic body is putting its best efforts to ensure that in the next two to three months, all the balance of over 2 lakh students will have bank accounts.

Acting Chief Justice asked the Commissioner to personally visit the schools and find out if textbooks, uniforms etc are circulated to the students or not.

“Till you don't monitor it, nothing will happen. Only when you start visiting the schools, things will start getting into shape…. None of the senior officials is willing to visit these schools,” he said.

Furthermore, the court remarked: “They (students) are promoted to new classes…students are going there without textbooks and uniforms. They would loose interest. It will have harmful effects on students. They are going to new class without books and uniforms.”

“You are saying you distribute uniforms, stationary etc through cash. 3 lakh students don't have bank accounts. That means they don't have stationary. They don't have it and they are promoted from last 2-3 years without studying anything… Do you realize the consequence of all this?… We don't want to say anything more. You are a sensible person. I need you to take full control of the situation. Your staff has been rather negligent. They haven't got the textbooks published,” ACJ told the Commissioner.

The Commissioner of MCD then responded that the textbooks, which are received through the Delhi Government, will be distributed to all the students in the next 7 to 8 weeks.

To this, the ACJ said: “We leave it to you. If you feel you are satisfied with the work that you are doing, if you feel happy with the content of work that has been done by your staff, we can only say good luck to you. And if you don't want to take action against your negligent officers, even better luck to you. We have brought it to your notice. We don't think it is a scorecard to be proud of. It doesn't cover MCD with any glory. It is not a happy situation.”

He added: “What are all this people doing, who are in power and who are paid? What is the point of having a municipal corporation?”

The court noted that one of the major reasons for non distribution of uniforms, textbooks etc to the students is stated by the MCD, in its affidavit filed on April 20, to be non formation of standing committee.

As the MCD Commissioner said that only standing committee has the power to award contracts worth more than Rs. 5 crores, the court said:

“This court is of the prima facie view that there cannot be a vaccum and if the standing committee is not formed due to any reason, the financial power needs to be delegated to an appropriate authority by GNCTD. Let the needful be done within two working days.”

The matter will now be heard on Friday.

The bench was dealing with a PIL filed by NGO Social Jurist, arguing that students in the MCD schools are being deprived of statutory benefits like uniform, writing material, notebooks etc.

The plea sought a direction upon the MCD to ensure that all the students have operational bank accounts and that benefits be provided to them through bearer cheques till these accounts are opened.

Title: Social Jurist v. Gnctd & Ors.