PIL seeks Public Service Commission for Delhi: HC allows MHA to intervene

The Delhi High Court on Wednesday allowed the Ministry of Home Affairs to intervene into a PIL seeking establishment of a Public Service Commission (PSC) for the national capital.

A bench of Chief Justice D N Patel and Justice C Hari Shankar directed that the MHA be made a party in the petition which claimed that a PSC for Delhi would expedite selection of officers for its administration as well as "bring greater accountability and transparency".

The ministry, represented by central government standing counsel Monika Arora, told the bench it was a necessary party in the matter as control over the bureaucracy, as far as Delhi was concerned, presently remained in the hands of the Centre.

 

She told the court that a May 2015 notification giving control of the services, with regard to Delhi, in the hands of the Centre was challenged in the Delhi High Court which in August 2016 had upheld it.

The high court's decision was challenged in the Supreme Court which referred the issue to a larger bench where it was still pending, she said.

The counsel for the Delhi government also told the high court that the issue was pending in the apex court.

Taking note of the arguments, the bench adjourned the matter to February 28.

The petitioner, Abhijit Mishra, in his plea has alleged "critical failure" on the part of the Government of National Capital Territory of Delhi (GNCTD) to comply with provisions of Article 315 and Article 239 AA of the Indian Constitution.

Mishra, who claims to be a financial economist, has contended that Article 315 states there shall be a separate Public Service Commission for the Union and each state, and the Delhi government has not complied with the provision.

He has claimed that under Article 239 AA the assembly has the power to make laws for the whole or any part of the national capital territory with respect to any matters in the state list or in the concurrent list if any such matter is applicable to UTs "except matters with respect to entries 1, 2 and 18 of the state list and entries 64, 65 and 66 of that list in so far as they relate to the said entries 1, 2 and 18".

The establishment of a PSC is item 41 in the state list, the petition said, adding that despite representations sent by him on the issue to the lieutenant governor and the chief secretary of GNCTD, no efforts have been made to set up a PSC for the national capital.