Friday, May 15, 2009

Contempt Notice - No Annual Report Cards To 8 Lacs Students of Mcd Schools


15.05.2009

To
The Commissioner
Municipal Corporation of Delhi
Town Hall Chandni Chowk
Delhi- 110006

Sub: Contempt Notice – No Annual Report Cards to 8 lacs students of MCD Schools

Dear Sir,

Take notice that a Division Bench of the Hon’ble Delhi High Court in the matter of Social Jurist vs.Union of India & Ors. [WP(C) 3507 of 2000] has passed the following Orders on July 7, 2006:-

“ORDER
07/04/2006

Present Mr. Ashok Agarwal for Petitioner
Mr. Tarun Sharma for Respondent

CM-8094/2006

This is an application filed by the petitioner interalia stating that MCD Schools are not making any assessment of students progress up to grade five and are not providing report cards or any evidence what so ever of the child having attended School. It has been contended before us by Mr. Agarwal that in the absence of any Report Card there is no incentive to learn as merit will not be recognized or rewarded. Even the parents will have no material before them to understand whether their child is doing well or not. Even intense relationship between the teachers and students may be hampered if the teachers hardly knows the names of children and there is no personal touch in the classroom and this will lead to a tendency where even 100 or 125 children can be clustered into the classrooms with no provision of chairs or tables and the individual needs for better performance neither can be monitored nor can be looked after by a teacher in such a situation. Therefore, in view of the fact that about million children are studying in the MCD Schools in 1854 schools and no Report Cards are maintained, we direct the Additional Commissioner, MCD to ensure, that a report card for these tiny tots going to the primary schools be maintained on the pattern of the progress report cards which are issued by other private schools in order to achieve the objects which we have highlighted above. The time to be taken for issuance of report cards be also indicated in the status report which we have directed to be filed by the MCD. The efforts should be made




by the Additional Commissioner, MCD and the Director of Education to start the report cards from the current academic year itself. (Application stands disposed)

WP(C) No. 3507/2000

Counsel for the respondent says that he will personally go to the school as pathetic condition which has been demonstrated in the photographs has been brought to our notice. We are surprised to see that after 60 years of independence the MCD schools are running in tents and the appalling conditions under which the future generation of this country is taking education. Steps be taken to immediately improve the conditions. Let status report be filed along with the affidavit of Additional Commissioner, MCD, within four weeks. The status report also indicate as to how many schools are running in tents by the MCD.

Renotify on 23.08.2006

July 07, 2006

Acting Chief Justice
Kailash Gambhir J”


In terms of the aforesaid Orders of the Hon’ble Delhi High Court, you were obliged to ensure that report cards are issued to all the students of all the MCD Primary Schools regularly. However, in utter disobedience of the said Orders, in the academic year 2008-2009, no student of Classes I to IV has been issued annual report card by any MCD Primary School throughout the city. Thus, nearly eight lacs students of Classes I to IV of MCD Primary Schools have not received their Annual Report Cards till date. It is no less a criminal negligence besides being deliberate disobedience of the Orders of the Hon’ble Delhi High Court. It also reflects that the MCD authorities are totally apathetic to the educational needs of the students.


We have received written complaints from the parents of several students of class I to IV studying in MCD run schools complaining that their wards have not been provided with the Annual Report Cards for the academic year 2008-09. Copies of some of these complaints are enclosed hereto for your ready reference.

One of the parents, namely, Masood (Mob.9958914898) of student Farman of Class V passed from the MCD Primary School, Photo Chowk, Welcome, Delhi has even complained that the class teacher demanded Rs.200/- for providing Annual Report Card to Farman., which he got only after payment of Rs.100/-.


Nathia (Mob.9999017324) has complained that her son Taleeb has been promoted from Class I to Class II by the MCD Primary School, Shastri Park but Taleeb has not been provided with Annual Report Card by the School. Similarly Meerhasan (Mob. 9999017324) has complained that his daughter Shehanaz studying in MCD Primary School, Shastri Park has been Promoted from Class I to II, but she has not be given the Annual Report Card. Sharif (9971926819) father of Master Rehan has complained that his son is studying in MCD Primary School, Shashtri Park and has been promoted from Class IV to V but he was denied Annual Report Card saying that the School has not received the printed report cards from the MCD office. Shri Anees (Mob.9250697984) has complaint that his two wards are studying in MCD Primary School, near Seelampur Gurudwara and their wards have not been provided with annual Report Cards by the school.

It is submitted that the non providing of annual report cards to the students violates the human and fundamental right to education of the students as guaranteed under the Constitution of India.

Take notice that you are the authority responsible for the implementation of the aforesaid Orders of the Hon’ble Delhi High Court dated July 7, 2006. Failure on your part to comply with the directions of the Hon’ble Delhi High Court tentamounts to contempt of the Hon’ble Delhi High Court which attract penal action against you.

With regards,

Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923