NEW DELHI: In a massive setback to the AAP government, the Delhi High Court on Thursday set aside its doorstep delivery of ration scheme — the Mukhymantri Ghar Ghar Ration Yojna — stating that the foodgrain earmarked by the Centre cannot be used for this purpose.
While allowing two petitions filed by ration dealers challenging the scheme, the bench of Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh said the Delhi government is free to bring another doorstep delivery scheme but it cannot use grains provided by the Centre for the yojana.
‘‘Any such scheme framed by the GNCTD should comply with all the requirements of the (National Food Security Act (NFSA) and the Orders issued under the Essential Commodities Act (ECA). The impugned scheme as presently framed by the Cabinet Decision No. 2987 on 24.03.2021, does not comply with the provisions of the NFSA and TPDS Order, 2015,” the high court said in its judgment.
It also asserted that the Council of Ministers has to take into confidence the Lieutenant Governor on important matters including such schemes and proposals. ‘‘In case the L-G expresses his disagreement with his Council of Ministers, he may either require the CM to refer the matter to the President for his decision, or he may, on his own, refer the matter to the President for his decision. Even when the L-G requires the CM to refer the matter for his decision to the President, it is reference by the L-G and would, therefore, meet the requirement of the proviso to Article 239AA(4) of the Constitution.”
It added that the final decision shall rest with the president on the difference of opinion and it shall prevail and bind the Council of Ministers and the L-G, who shall act in accordance with the final decision.The high court had on January 10 reserved its order on the pleas by the petitioners Delhi Sarkari Ration Dealers Sangh and Delhi Ration Dealers Union.
On its part, the city government had defended its ambitious yojana saying that other states like Andhra Pradesh, Haryana, Bengal, MP have identical doorstep delivery schemes. It was a misconception that fair price shops cease to exist once the scheme is implemented, it said.
PRESTIGE FIGHT
March, 2018 The Cabinet decided to provide doorstep delivery of monthly ration to beneficiaries. AAP alleged that L-G rejected the proposal but Anil Baijal’s office clarified the proposal should be referred to the Centre.
July Soon after the SC clipped the L-G’s powers, CM approved the doorstep delivery of rations. Later, the proposal was sent to the legal department but it could not be implemented.
Feb, 2020 The scheme was one of AAP’s major poll promises to the voters.
July The Delhi Cabinet cleared the scheme for doorstep delivery of ration.
Feb, 2021 The government decided to launch the scheme on March 25.
March The Centre objected to the name of the scheme, and asserted that food grains provided under the National Food Security Act cannot be diverted to a state-specific scheme.
May The AAP govt sent the file to the Raj Niwas for his final approval but Baijal maintained the scheme cannot be implemented.
Nov The govt stated that it is a misconception that fair price shops cease to exist once the scheme is implemented. The scheme is optional, it added.
Sept In an interim order, HC allowed the govt to implement the doorstep delivery scheme of rations.
Nov SC declined to entertain two petitions against the HC interim order that allowed the govt to carry out the scheme on a temporary basis.
May, 2022 HC set aside the Mukhymantri Ghar Ghar Ration Yojna, stating that the Centre’s grain cannot be used for this scheme.