HIGH COURT ORDERS 25% EWS ADMISSIONS IN ALL CLASSES UPTO CLASS I IN PRIVATE SCHOOLS

The Delhi High Court today ordered that all unaided private schools which start from the pre-school/nursery level shall admit students belonging to disadvantaged Group & Economically Weaker Section to the extent of 25% in Pre-School and in addition they will also admit 25% of additional admission made at the Pre-Primary/KG level and in Class I. The court further held that all unaided private schools starting from pre-primary/KG level shall admit students upto 25% in pre-primary and in addition they will also admit 25% of additional admission made at Class I level. For such schools starting from Class I, the Court ruled that there shall be a reservation of 25% for Economically Weaker Section/Disadvantaged Group in Class I. While disposing off a petition filed by Social Jurist, through advocate Ashok Agarwal and Khagesh Jha, a division bench comprising the Acting Chief Justice, Justice A K Sikri and Justice Rajiv Sahai Endlaw ruled that in all unaided private schools which start from the pre-primary level, 25% of the total seats will be reserved for EWS/DG students in pre-primary and Class I level. Placing reliance on a Supreme Court judgment dated 12.04.2012 which had upheld the constitutional validity of the Right of Children to Free and Compulsory Education Act 2009, the court has repeated its earlier order specifying the deadline for special drive by DOE to admit students against all EWS/DG vacant seats by 30.06.2012 in the academic session 2012-13. Ashok Agarwal, Advocate M-09811101923 23 May 2012 IN THE HIGH COURT OF DELHI AT NEW DELHI C.M. NO.______ OF 2011 IN W.P. (CIVIL) No. 8434/2011 (Public Interest Litigation) IN THE MATTER OF: Social Jurist, A Civil Rights Group …… Petitioner Versus Govt. of NCT of Delhi …… Respondent APPLICATION ON BEHALF OF THE PETITIONER UNDER SECTION 151 OF CPC FOR DIRECTIONS MOST RESPECTFULLY SHOWETH: 1. That the respondent filed an status report on 09.05.2012 in this Hon’ble Court where it has been mentioned that they have sent a letter for clarification to the Ministry of Human Resource Development to clarify that whether EWS /DG admission is applicable in classes other then the class which is starting class in the school in such a case where school starts from pre school (3+) or pre primary (4+) classes and whether it is 25% of strength of class or 25% of new admission in the class. 2. The petitioner submits that the DOE has now issued an order dated 18.05.2012 wherein amongst others it has stated that the vacancies in respect of other classes of schools where the entry class starts from pre school and pre primary, will be displayed on receipt of clarification from Ministry of Human Resource Development, Government of India. A copy of the said order dated 18.05.2012 is enclosed hereto as Annexure A-1. 3. The petitioner submits that the issues raised by the respondent in the status report dated 09.05.2012 may either be clarified by this Hon’ble Court or in alternative, the HRD Ministry be directed to clarify the issues immediately so that the admission process may be completed by the end of the June 2012 as directed by this Hon’ble Court in the orders dated 09.05.2012. It is respectfully submitted that if the same is not done, the admission process is bound to delayed or defeated. It is, therefore, prayed that this Hon’ble Court may be pleased to clarify the issues raised by the respondent or in alternative, direct the HRD Ministry to clarify the same immediately. . Ashok Agarwal & Khagesh B. Jha Advocates for the Petitioner 483, Block-II, Lawyers Chambers, Delhi High Court, New Delhi – 110003 Ph: 23384000, Mob-9811101923 Delhi Dated: 22.05.2012

AIPA seeks a uniform policy to allow children of the locality after school hours to use playground of all the unaided private schools built on public land

ALL INDIA PARENTS ASSOCIATION (AIPA) AGARWAL BHAWAN, G.T.ROAD, TIS HAZARI, DELHI-110054 To Shri Kamal Nath Hon’ble Urban Development Minister Government of India Nirman Bhawan New Delhi – 110001 08 May 2012 Subject – Need to have a uniform policy to allow children of the locality after school hours to use playground of all the unaided private schools built on public land Dear Sir We wholeheartedly support the proposal of the Union Sports Minister Shri Ajay Maken to you to allow children of the locality after school hours to use playground of all the unaided private schools built on public land. It is submitted that at present there are as many as 394 identified unaided private schools to which public land on concession rates has been allotted by DDA or L & DO. Most of these schools to which public land was allotted during 1960’s and 80’s, one-third of the total land was apportioned for playground on payment of Re. 1 per annum as rent. In 1990’s, the land allotted for playground was fixed after the payment of nominal ground rent at Rs. 5000+120% enhanced per acre per annum. The land allotted for the playground was required to be used for playfield only and no structure of any kind over it was permissible. The concern, we wish to share, is that though public land was allotted to hundreds of societies for construction of schools but only in some cases, the letter of allotment contains a clause that the land meant for playfield would be allowed to be used in non-school hours by local children and the entry to the field would be from outside and not from inside the school. We are enclosing hereto copies of allotment letters of as many as five societies to whom land was allocated for construction of schools with a condition that they would permit children of the locality to use the playfields of the schools after school hours. The names of such societies are: 1) St. Lawrence Education Society, Sector-C, Pkt.-8, Vasant Kunj, New Delhi - 110057 2) S. Kirpal Education Society, ½, Jai Dev Park, New Delhi - 110026 3) Prince Public School Society, Budh Vihar, Delhi - 110041 4) Titiksha Academic Society, 122/18, Bhola Nath Gali, West Ghonda, Delhi - 110053 5) Shiv Shakti Educational Society, B-1193, Mongolpuri, Delhi - 110083 The allotment letters of all these societies contain the identical clause which is reproduced as under: “6.(A) The land meant for play field would be allowed to be used in non-school hours by the local children. (B) The entry to the field would be from outside and not from inside the school.” The sorry state of affairs is that such benevolent and child friendly stipulation does not appear in the letters of allotments to all the societies/schools. Therefore, there is a need to have a uniform policy for the schools in this regard; to incorporate this condition in all cases of the allotments of public land to societies/schools. It is needless to say that right to play is a fundamental right of every child. We, therefore, hope that you will personally look into this matter on urgent basis and ensure that such condition is not only incorporated in all the letters of allotments but is also implemented in its true letter and spirit to safeguard the rights of the children. With regards Ashok Agarwal, Advocate President, All India Parents Association M-09811101923

MCD SCHOOL STUDENTS WITHOUT SCHOOL BOOKS - WRITES TO ASHOK AGARWAL

AIPA CALL FOR OPENING AIPA CHAPTER IN EVERY DISTRICT OF INDIA

All India Parents Association (AIPA) desires to have its chapters in all the Districts of the Country. The fundamental agenda is: (1) up gradation of all government schools all over the country to the level of Kendriya Vidyalaya (Central School) and (2) enactment of Central Law to regulate school fee in all the unaided Private schools all over the country + minimum 50% representation of the parents in the managing committee of such schools. Those who are interested in the issues and wish to open a chapter of AIPA in the District are requested to write to aipa.india@gmail.com or juristashok@gmail.com and sms to 9811101923 Ashok Agarwal, Advocate National President, AIPA M- 09811101923

Shocking Video Clippings -Students from poor families forced by school teachers to prepare tea and to clean utensils in MCD primary School

ALL INDIA PARENTS ASSOCIATION (AIPA) AGARWAL BHAWAN, G.T.ROAD, TIS HAZARI, DELHI-110054 To The Chairperson, National Commission for Protection of Child Rights (NCPCR) 5th Floor, Chandralok Building, Janpath, New Delhi-110001 06.05.2012 Sub- Shocking Video Clippings -Students from poor families forced by school teachers to prepare tea and to clean utensils in MCD primary School, Barwala, Delhi Madam, The four video clippings submitted with present complaint depict that inhuman treatment is meted out to the students who are forced by the highly insensitive school teachers to prepare tea for the teachers and also to clean utensils in MCD Primary School Barwala, Delhi. These video clippings have been recorded by a teacher of the same school namely, Praveen Dabas and handed over to me after the erring teachers continued with the pernicious practice of forcing students belonging to lower caste and to poor families to work like this despite repeated protests by Praveen Dabas. It is submitted that the above said video clippings were recorded during the span of last 3 months by Praveen Dabas. It is shocking to note that the students were even called during the holiday by the teachers in school for the sole purpose of putting them to prepare tea and to clean the utensils. It is submitted that though the video clippings pertain to what was happening in a particular school run by the Municipal Corporation of Delhi but such pernicious practice is quite prevalent in the most of the state run schools all over the country. Most of the teachers working in such schools belong to upper caste whereas almost all the students studying in such schools belong to lower castes. The students have been humiliated merely because they are economically poor and belong to lower caste. It is submitted that though the parents of such exploited students are unhappy with the school on account of such happenings but as they are poor and voiceless, they ordinarily don’t come forward to lodge complaint against the school. It is submitted that one of the girl student appearing in the video clippings has even undergone over five times operations as she had met with a road accident but the cruel teachers are least concerned about the health, care and safety of these young students. It is submitted that the aforesaid act on the part of the erring teachers (for which the principal of the school being head of the school is also responsible) are in clear violation of human and fundamental rights of these victimisized and harassed students. The poor parents send their wards to school for studies but the cruel and insensitive teachers instead of imparting education to them, abuse and exploit them in whatever way they wish. Such acts on the part of the erring teachers are derogatory, inhuman, humiliating, anti-child and in violation of the Right to Free & Compulsory Education Act, 2009. It is submitted that despite the fact that the above facts were brought to the notice of the Additional Director (Education) of the MCD, till date no action has been taken in the matter. It is also submitted that NDTV 24X7 has also telecasted these video clippings on the Friday, 04 May 2012. It is a very serious matter. It is, therefore, requested that matter may be investigated by the NCPCR on urgent basis and all the erring officials must be brought to book and be punished in accordance with law. With regards, Ashok Agarwal, Advocate, Nation President, AIPA M-09811101923 Email: aipa.india@gmail.com For video clippings, please the following links: http://www.facebook.com/photo.php?v=342119499176440&set=vb.100001351771958&type=2&theater http://www.facebook.com/photo.php?v=342117829176607&set=vb.100001351771958&type=2&theater http://www.facebook.com/photo.php?v=342110562510667&set=vb.100001351771958&type=2&theater http://www.facebook.com/photo.php?v=342114549176935&set=vb.100001351771958&type=2&theater

Imp Delhi H C Order on EWS admissions in Unaided Pvt School & also on inclusion of Orphan Child in Disadvantaged Group

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 8434/2011, CM No.1122/2012 SOCIAL JURIST ..... Petitioner Through: Mr. Ashok Agarwal, Adv. versus GOVT. OF NCT OF DELHI ..... Respondent Through: Ms. Ruchi Sindhwani, Adv. for GNCTD along with Ms. Shashi Kaushal, Additional Director, Education Dept. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R D E R 20.04.2012 1. Status report is filed by the learned counsel appearing for the Government of NCT of Delhi. As per this report, in 1026 schools, total vacant seats under EWS category are 9706, details whereof are given in the said report. It is further stated that Directorate of Education has now published this information of vacant seats so that the seats are filled at the earliest. We direct the Directorate of Education to take such steps forthwith so that the seats are filled before the summer vacation starts. 2. The petitioner has also filed CM No.1122/2012 seeking a direction that the Government of NCT of Delhi to forthwith specify by notification Orphan Children as children belonging to disadvantaged group within the meaning of Section 2(d) of the RTE Act, 2009. Learned counsel for the respondent states that exercise in this behalf is already on and necessary notification is expected within two months from today. As far as other reliefs are concerned, learned counsel for the respondent assures that the Directorate of Education shall take further remedial measures in that regard. In view of the statement of learned counsel for the respondent, no further orders are required to be passed in this writ petition which is accordingly disposed of. However, liberty is granted to the petitioner to approach the Court again in case any of the grievances still surviving after representation of the petitioner to the Directorate of Education and Directorate of Education still does not take remedial steps. ACTING CHIEF JUSTICE RAJIV SAHAI ENDLAW, J APRIL 20, 2012

MCD Primary School Teacher inhumanly beats up Class V Student - Social Jurist writes to NHRC

To The Chairperson, National Human Rights Commission Copernicus Marg, New Delhi-110001 01 May 2012 Sub- Class V student of MCD Primary School inhumanly beaten up by School teacher Sir, A shocking incident is brought to your kind notice in which a school teacher namely, Ramjit Yadav of MCD Primary School, H-II (Second Shift) Block, Jahangirpuri, Delhi-33 has on 28.04.2012 at about 03:30 pm brutally beaten up an 11 years Old Master Fardeen Mallick, Student of Class V of the same school in which, Master Fardeen sustained serious eye-injury, severe pain and bruises in the whole body. It is pitiful to mention herein that, the child was beaten mercilessly by fists and kicks for no fault. The teacher has beaten up the child on suspicion that the child has broken a window pane. The child was also locked up inside a class room continuously for about two hours and was released only at about 6 pm. It is submitted that Shri Navisher Mallick, R/o Jhuggi No. H-4-N/30/D-109, Jahangirpuri, Delhi-33 (M- 9990408215), the father of Master Fardeen lodged a complaint on 28.04.2012 with Police Station Jahangirpuri, Delhi-33 which was registered as Diary No.78B . It is submitted that, the father took the child to Babu Jagjivan Ram Memorial Hospital .Jahangirpuri , Delhi-33 in the night of 28.04.2012 where he got medical treatment and MLC bearing No. 40834 (E NO. 42575) was prepared. It is further submitted that despite repeated requests by the father of the victim child for registration of the case, the police is not inclined to register an FIR against the accused school teacher namely, Ramjit Yadav. Moreover, despite all these facts having been brought to the notice of Additional Director of Education, MCD Shri Kanwar Singh, no action has been taken so far against the accused. It is respectfully submitted that it is a clear case of Grievous Hurt and Wrongful Confinement for the purposes of IPC besides being in violation of Right of Children to Free and Compulsory Education Act, 2009. We, therefore, request you to kindly intervene into the matter and ensure that appropriate action both criminal and departmental is taken against the accused Ramjit Yadav. With regards, Ashok Aggarwal, Advocate Advisor, Social Jurist Mob. 9811101923