Delhi High Court stays termination of Delhi Legislative Assembly Fellows

The Delhi High Court recently stayed the Delhi Legislative Assembly Secretariat’s decision to disengage the services of Fellows under Delhi Assembly Research Centre Fellowship Programme. [Subhashini Ratan & Ors V. Legislative Assembly Secretariat Nct Of Delhi & Ors]

Justice Subramonium Prasad asked the Secretariat to explain why it agreed to the termination of the Fellows mid-way when the Speaker himself had objected to such a decision.

The Court sought a reply from the authorities within two weeks.

“Till the next date of hearing, let the services of the petitioners be not discontinued and the petitioners be given their stipends," the Court added.

The order was passed on a petition filed against the decision to disengage the services of the Fellows, Associate Fellows and Associate Fellows (Media) under the Delhi Assembly Research Centre Fellowship Programme.

The petitioners told the Court that they had been appointed in 2019 following an advertisement and a proper selection process. The services of Fellows were regularly extended after every two years and barring a few, their tenure would have ended in December 2024, the Court was told.

The services of the petitioners were terminated as the reservation policy had not been followed and the approval of the Lieutenant Governor had not been taken, it was further submitted.

However, the counsel representing the petitioners added that both these cited reasons were untenable in law. Referring to a letter written by the Speaker on July 7, the counsel submitted that the Speaker had opined that both the cited reasons were not applicable in this case.

The Court listed the matter for further hearing on December 12. 

“In view of the fact that the Hon’ble Speaker had himself raised his objections for termination of the services of the Petitioners and those who are similarly situated, notice is being issued to the Respondents to show cause as to why there is a sudden change in the attitude of Respondent No.1 in agreeing for the termination of the posts of Fellows mid-way during the tenure,” the Court's order said.

Advocates Gautam Narayan, Asmita Singh, Harshit Goel and Siddhant Singh represented the petitioners.

The respondents including the Legislative Assembly Secretariat and the Delhi government were represented by advocates Laavanya Kaushik for Standing Counsel Avnish Ahlawat, and advocates NK Singh, Aliza Alam, Standing Counsel Santosh Kumar Tripathi, advocates Kartik Sharma, Prashansa Sharma and Arun Panwar and Additional Standing Counsel (Services) Yeeshu Jain.

[Read Order]