Kejriwal's decision to stay CM despite arrest 'personal', students' rights can't be trampled upon: HC

The high court also said that Kejriwal's absence cannot allow students to go through the first term without free text books, writing material and uniform in MCD schools

The Delhi High Court on Monday said the decision of Arvind Kejriwal to continue as the Chief Minister after his arrest is "personal" but it does not mean that the fundamental rights of school-going children would be trampled upon. The high court also said that Kejriwal's absence cannot allow students to go through the first term without free text books, writing material and uniform in MCD schools.

The high court said that a chief minister's post in any state, leave alone a buzzing capital city like Delhi, is not a ceremonial post and it is a post where the office holder has to be virtually available 24*7 to deal with any crisis or natural disaster like flooding, fire and disease. "National interest and public interest demands that no person who holds this post is incommunicado or absent for a long stretch of time or for an uncertain period of time. To say that no important decision can be taken during a model code of conduct is a misnomer," a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said.

The court was dealing with a PIL by NGO Social Jurist, represented by advocate Ashok Agarwal, highlighting the non-supply of educational material and other statutory benefits to students in the MCD schools even after the commencement of the new academic session. The high court said as the students of MCD schools are entitled for free text books, writing material and uniform in accordance with their constitutional and statutory rights, and the schools are going to close for summer vacations shortly, the MCD Commissioner is directed to incur the expenditure required for fulfilling the obligations forthwith without being constrained by the expenditure limit of Rs 5 crore.

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