Title: Mudit Nagpal v. State of Rajasthan
Date of Decision: September 19, 2023
Case ID: D.B. Civil Writ Petition No. 14249/2023
Presiding Judges: Hon’ble Mr. Justice Vijay Bishnoi and Hon’ble Mr. Justice Yogendra Kumar Purohit
Intro:
In D.B. Civil Writ Petition No. 14249/2023 before the High Court of Judicature for Rajasthan at Jodhpur, petitioner Mudit Nagpal, a practicing advocate, raised concerns in the public interest regarding an order issued by the Planning Department on August 21, 2023. The order outlined the procedures for distributing guarantee cards as an alternative to the distribution of smartphones, as initially declared in the state budget.
Facts:
The State Government of Rajasthan had originally allocated funds in the 2022-23 budget to distribute smartphones to 1 crore 33 lakhs Chiranjivi Families, amounting to Rs. 2,500 crore. However, the distribution of these smartphones did not occur as per the budget declaration.
In discussions on the appropriation bill held on March 17, 2023, the Chief Minister of Rajasthan stated that due to unavoidable circumstances, the smartphones could not be distributed as initially planned. Instead, they proposed distributing smartphones to girls studying in 10th and 12th standards in government schools, colleges, ITIs/Polytechnics, and to widows and single women receiving pensions. The first phase aimed to distribute forty lakh smartphones to these beneficiaries.
The petitioner contended that this change in the distribution method, involving guarantee cards in place of smartphones, violated the Rajasthan Fiscal Responsibilities and Budget Management Act, 2005, particularly Section 5(4). This section mandates the State Government to declare the Fiscal Policy Strategy Statement for the ensuing financial year, covering aspects such as revenue receipts, expenditure, borrowing, and guarantees.
Judgment:
After hearing arguments from the petitioner’s counsel, the Court issued a show-cause notice to the State Government, asking them to explain why the order dated August 21, 2023, which provided procedures for distributing guarantee cards instead of smartphones, should not be quashed and set aside. The Additional Advocate General (AAG), Mr. Sandeep Shah, was directed to accept the notice on behalf of all respondents.
The Court set the next date of hearing for October 5, 2023, and listed Mr. Sandeep Shah as counsel for the respondents in the daily cause list, instructing him to file a response to the writ petition before the next hearing. The matter was left for further judicial consideration.
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Written by Yagya Agarwal
