Petition challenging Delhi HC's decision rejected in SC, said - cannot direct to make law

The Supreme Court on Friday dismissed a plea challenging a Delhi High Court decision seeking a direction to the Lieutenant Governor to give or withdraw his consent in a case banning the screening of children for nursery admissions. Hearing the petition, a bench of Justice SK Kaul and Justice Sudhanshu Dhulia said that it cannot direct to make a law. The bench said, 'Can there be any order to make a law? Can we direct the government to introduce the bill? The Supreme Court cannot be a panacea for everything.

The Delhi High Court had on July 3 dismissed a PIL filed by NGO 'Social Jurist', saying it cannot interfere in the legislative process. Also, the LG cannot be directed to approve the Delhi School Education (Amendment) Bill, 2015, or withdraw it. NGO 'Social Jurist' filed the petition in the apex court through advocate Ashok Aggarwal, saying that the child-friendly bill banning the screening process in nursery admissions in schools has been languishing between the Center and the Delhi government for the last seven years without any justification and opposition. Is hanging.

Dismissing the PIL, a division bench of the High Court had said that it is not appropriate for the High Court, in the exercise of its jurisdiction under Article 226 of the Constitution, to direct the Governor to fix time limits in cases Which fall completely within his domain. "In the considered opinion of this Court, even if the Bill has been passed by the House, it is always open to the Governor to intervene in such a matter or send the Bill back to the House," the high court said in its order.