Delhi Government clarifies SMCs constituted by draw of lots only a stop gap arrangement

The Delhi Government has issued a new circular dated 16.07.20 wherein they have shared  details regarding SMCs being reconstituted by a draw of lots. This circular has added information regarding tenure of such constituted SMCs, which was missing from the previous circular dated 01.07.20. The new circular states that these SMCs are being re-constituted only until elections can be held after the situation returns to normalcy. This signals a clear significant shift in the stance of Delhi Government in the aftermath of writ petition^[1] filed in the Delhi High Court where in the Delhi Government had submitted that the SMCs being constituted by a draw of lots was only a stopgap arrangement

In the abovementioned petition, the petitioners had challenged the circular dated 1.07.2020^[2] and prayed that the circular be quashed. The petitioners argued that the circular violated the spirit of the act as it didn’t allow parents to participate in the process of choosing who will represent them in SMCs. They contended  that extending tenure of the previous SMCs was a better option than reconstituting SMCs through a draw of lots. They gave examples of other states where tenure of SMCs were extended. The counsel for the petitioner, Garima Sharma, argued that it was a better option since members of existing SMCs already had experience of working in a SMC.

Despite the fact that the Delhi Government has been holding elections since RTE was implemented, the respondents submitted that there was no mandate to hold elections and that the Government had issued the impugned circular only as a stopgap arrangement.

The order released by the Delhi High Court on 14.07.20 has recorded the Delhi Government submitting in court  that the impugned circular has been issued “only as a stopgap arrangement and the SMCs so constituted by following the procedure as laid down in the impugned Circular shall continue till elections can be held after normalcy returns.” A fact that didn’t find any mention in the impugned circular dated 01.07.20.

The circular calls upon the head of schools to complete the reconstitution process of the SMCs through a draw of lots by the 21st of July, 2020.

^[1] Indra v. Government of NCT of Delhi, Writ Petition (C) No. 4076 of 2020, dated 13-07-2020

^[2]  http://www.edudel.nic.in/upload/upload_2017_18/117_129_dt_01072020.PDF