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The Delhi High Court Thursday sought the Delhi government’s stand on a plea seeking the expeditious appointment of the presiding officer of the Delhi school tribunal which has been non-functional since June 21. The HC additionally refused to pass interim directions extending the tenure of the former presiding officer till the age of 65 years.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was informed by Santosh Kumar Tripathi, the Delhi government counsel, that the rules for appointment of the presiding officer have been changed and are pending approval before the Lieutenant Governor of Delhi. He further submitted that until a regular selection is made, a temporary arrangement has to be put in place.
The petitioner asked the HC to pass orders on his interim application seeking an extension of tenure of the former presiding officer of the tribunal, Dilbag Singh Punia, in the meantime.
The plea moved by lawyer Mohit Mudgal states that Punia, retired District and Sessions Judge, Rohini, was appointed as presiding officer of the Delhi school tribunal constituted under the Delhi School Education Act, 1973 on June 21, 2019. Punia was additionally holding the portfolio of the presiding officer of the State Transport Appellate Authority under the Motor Vehicles Act, 1988.
The plea states that Punia’s tenure expired on June 20, and since June 21 the “School Tribunal and the Appellate Authority under the MV Act became non-functional causing a delay in disposal of the pending appeals and other matters under the Education Act and the Motor Vehicles Act”. The petitioner claims that till date, no steps have been taken by the Delhi government for making fresh appointments or extending the tenure of the earlier presiding officer of the school tribunal and the appellate authority under the MV Act.
The plea states that “due to the non-functioning of the aforesaid school tribunal and the appellate authority under the MV Act the aggrieved parties are unable to avail the appropriate remedy provided under law”. The plea additionally argues that the appointment of the new presiding officer of the school tribunal should be made for at least three years to ensure the continuity in the working of the tribunal or “till the time the selection of the successor is made as per the proposed amendment of the provisions of the Education Act & Rules”. The HC granted four weeks time to the Delhi government to respond to the plea and listed the matter on February 10.
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