In a jolt to Arvind Kejriwal-led Delhi Government, the Delhi High Court on Thursday set aside the doorstep ration delivery scheme, “Mukhymantri Ghar Ghar Ration Yojna”.

Allowing two petitions filed by ration dealers challenging the doorstep delivery of ration scheme, a division 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 this doorstep scheme.

The Delhi Government had defended the scheme on the ground that it was for the poor who were being threatened by fair price shop owners to opt-out of the home delivery mode otherwise they would not be given ration.

Reacting to the order, the Delhi Government sources said they would examine the order and after that take appropriate steps.

“In the facts of the present case, the impugned scheme for doorstep delivery of rations to the beneficiaries under the TPDS framed by the Cabinet Decision no. 2987 on 24.03.2021 has not been approved/ consented to by the Lieutenant Governor and, therefore, in any event of the matter, the same cannot be implemented in its present form,” the court said in its 174-page judgment.

“The Council of Ministers headed by the Chief Minister is bound to communicate its decisions/resolutions, including any such scheme or proposal to the Lieutenant Governor, so as to enable him to examine the same and to take a call on whether, or not, he has a difference of opinion with any such scheme.

“When any decision of the Council of Ministers headed by the Chief Minister is placed before the Lieutenant Governor for his approval, he shall be mindful of the decision of the Supreme Court in State of (NCT of Delhi) (supra), and shall take his decision to express his difference of opinion, if any, in the light of the aforesaid Judgment,” read the judgment.

In case the Lieutenant Governor expresses his disagreement with his Council of Ministers headed by the Chief Minister, he may either require the Chief Minister 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 Lieutenant Governor requires the Chief Minister to refer the matter for his decision to the President, it is reference by the Lieutenant Governor and would, therefore, meet the requirement of the proviso to Article 239AA(4) of the Constitution.

The final decision shall rest with the President on the difference of opinion and the said decision shall prevail and bind the Council of Ministers headed by the Chief Minister and the Lieutenant Governor, who shall act in accordance with the said final decision, the order said

The Kejriwal Government was set to roll out the scheme on March 25, 2021, and again in mid-June. Both times, L-G Anil Baijal opposed it. The argument was that the Delhi Government had called it the “Mukhya Mantri Ghar Ghar Ration Yojana”. Days before its first scheduled launch, the Union Ministry of Consumer Affairs objected to the “Mukhya Mantri” part of the name.

The Ministry’s argument was that as delivery of rations fell under the National Food Security Act, any change in the delivery mechanism had to be done through an amendment of the Act in Parliament. The Centre maintains that doorstep delivery of rations goes against the grain of the National Food Security Act, though it has not been able to convince the courts on this point.

The fight has continued. The scheme had become a flashpoint between the Centre and the AAP-led State Government, with the former saying the plan violated provisions of the NFSA and would deprive migrants of foodgrains, and the latter pointing out that it would root out the ration mafia and ensure that all beneficiaries received their share.

Considering the objection, the Kejriwal Government dropped the word “Mukhyamantri” from the name of the scheme and decided to implement it under the existing NFSA Act. However, the file of the scheme sent to the L-G failed to get his approval.

The High Court had on January 10 reserved its order on the pleas by petitioners Delhi Sarkari Ration Dealers Sangh and Delhi Ration Dealers Union after holding extensive hearings.