Thursday, March 24, 2011

PRIVATE SCHOOL ON PUBLIC LAND DENIES REPORT CARD TO CLASS VIII EWS STUDENT

SOCIAL JURIST
A Civil Rights Group
25/03/2010
To,

The Deputy Director of Education
Govt. of NCT of Delhi
Vikaspuri, New Delhi-18

Dear Madam/ Sir


Shri Harish Chand r/o Jg 2/524 Vikaspuri, New Delhi (M-9311829107) has complained to me that his daughter Jaya Budhiraja has been studying in Banasthali Public School, G Block, Vikaspuri, New Delhi-18 since 2004-05 under EWS category and presently she has appeared in class VIII examinations in the academic session 2010-11 and despite results been declared on 22/03/2011, the Report Card has not given to her daughter Jaya. The reason is: the school is illegally asking the parents to pay a sum of Rs. 4,500/- to wards fees. Since the parents have refused it meet the said illegal demand of the school, the school has denied Report Card to the student. A complaint by the parent in attached hereto.

It is a serious matter. The action of the school management is not only contrary to the provisions of Delhi School Education Act, 1973 but also tantamount to contempt of Hon’ble Delhi High Court.

Kindly take immediate action in this matter directing the school to forthwith handover the Report Card Jaya Budhiraja without insisting for payment of any money.

With regard

Ashok Agarwal
Advocate
Advisor, Social Jurist
M-9811101923

PRIVATE SCHOOL ON PUBLIC LAND DENIES REPORT CARD TO CLASS VIII EWS STUDENT



SOCIAL JURIST
A Civil Rights Group

25/03/2010
To,

The Deputy Director of Education
Govt. of NCT of Delhi
Vikaspuri, New Delhi-18


Dear Madam/ Sir


Shri Harish Chand r/o Jg 2/524 Vikaspuri, New Delhi (M-9311829107) has complained to me that his daughter Jaya Budhiraja has been studying in Banasthali Public School, G Block, Vikaspuri, New Delhi-18 since 2004-05 under EWS category and presently she has appeared in class VIII examinations in the academic session 2010-11 and despite results been declared on 22/03/2011, the Report Card has not given to her daughter Jaya. The reason is: the school is illegally asking the parents to pay a sum of Rs. 4,500/- to wards fees. Since the parents have refused it meet the said illegal demand of the school, the school has denied Report Card to the student. A complaint by the parent in attached hereto.

It is a serious matter. The action of the school management is not only contrary to the provisions of Delhi School Education Act, 1973 but also tantamount to contempt of Hon’ble Delhi High Court.

Kindly take immediate action in this matter directing the school to forthwith handover the Report Card Jaya Budhiraja without insisting for payment of any money.


With regard


Ashok Agarwal
Advocate
Advisor, Social Jurist
M-9811101923


EMPLOYEES TERMINATION HELD MALICIOUS - DELHI SCHOOL TRIBUNAL IMPOSES RUPEES FOUR LACS COSTS ON UNAIDED SCHOOL


In an unprecedented order, Delhi School Tribunal headed by Shri N.P.Kaushik has imposed costs of Rs. 4 lacs on Army Public School, Dhaula Kuan since the school was found to have acted malafide in terminating the services of its four employees. The Tribunal in its order of 28 February 2011 said, “Perusal of the whole of the ACRs of the Appellants shows that they have been shown as either ‘Good’ or ‘Very Good’ in various columns relating to their performance and personality traits. In the first ACRs, the Reviewing Officer i.e. the Principal of the School recommended for extension of probation as a matter of routine. In the ACRs for subsequent year their confirmation on due date has been recommended. Recommending extension of probation as “a matter of routine” goes to show that the same was not done on merits. It was done with an ulterior motive. It further shows that the employer had made up its mind to dispense with the services of the employees without assessing his/her performance……………It clearly goes to show that the employer had adopted the policy of “hire and fire”. The Tribunal directed the school to reinstate the employees in services with benefit of full back wages.

Sunday, March 20, 2011

RIGHT TO EDUCATON - NEED TO REACH UNREACHED


An educated Mahtab tracked my contact through internet and contacted me on telephone day before yesterday night telling me that in his relation, four students (siblings) have been kept out of school by an unaided private school of Delhi as the parents were unable to afford school fees and moreover, the school had been refusing to issue TCs. I asked him to come to my office next day morning. Mahtab came to my office along with the students and their mother. The parent and the students narrated me the entire disgusting tale as to how the school management persecuted them during the last three years continuously because they were unable to afford the school fees any more. The school denied those TCs saying that they must first clear entire outstanding fees.

I noted that the parents and the students had been undergoing mental agony and harassment in silence at the hands of the greedy private school for the last three years as they were totally unaware of their rights and also the platform where they could approach for the help. When they came to my office, they were under the impression that they had to pay to me for my services. A sign of relief was quite visible on their faces when I told that all of my services would be totally free of cost. It is a story of the students residing in the National Capital Delhi. One can image as to what would be situation in other parts of the country.

The point I would like to make here is that there is a tremendous need of reaching to the unreached. The children and the parents at large are in need of help from the persons like us. It cannot be delayed or ignored if we are serious about realization of their basic human and fundamental rights like, right to education. The masses don’t expect economic benefits from us nor is it possible for us to provide them with the same. What they need is; moral support, guidance and a platform where they can agitate for realization of their rights. I would request to all my friends to take out some time from their busy schedule to reach to the unreached to make a difference.

Ashok Agarwal, Advocate

March 20, 2011

M-09811101923

Saturday, March 19, 2011

GOOD NEWS FOR SMALL PRIVATE SCHOOLS

– An interesting query came from a small private school of Delhi that even if the school does not get any student under general category in the nursery class (Entry Class), can it still take admissions of students under DG/ EWS category as mandated under RTE Act, 2009? The second interesting query of this school was as to what would be limit of admissions of the students under DG/EWS category? After I received these queries, I examined the relevant provisions of the RTE Act, 2009 and found that under Section 12 (1) (c) of the Act the minimum limit of 25% has been prescribed and there is no upper limit for the admission of the students under DG/EWS category. It is very clear from the provisions of the Act that whatever percentage/number of students are admitted by a school under DG/EWS category, the government would be obliged to reimburse expenditure for the same. In other words, the Act provides an opportunity to the private schools to admit as many students as possible from DG/EWS category at the entry level class and to get reimbursement of expenditure from the government.

Ashok Agarwal, Advocate

M-09811101923

Parents unable to pay fees- Sanjeevani Public School expelled 4 students (siblings)

SOCIAL JURIST

To,

Hon’ble Shri Arvinder Singh Lovely

Delhi Education Minister

Delhi Secretariat, I.P Estate

New Delhi-110059.

Date: 19.03.2011

Subject: Parents unable to pay fees- Sanjeevani Public School expelled 4 students (siblings)

Dear Sir,

We have the honour to bring to your notice that since the parents Mohd. Atiullah & Ms. Julekha Khatoon r/o C-45, Sanjay Enclave,uttam Nagar, New Delhi, M- 9891625099) couldn’t pay school fees for their four children namely (i).Master Akib class IX ,(ii) Master Sakib class VIII, (iii) Kumari Nahid class V and(iv) Kumari Nasreen class IV , the management of Sanjeevani Public School, S-Block, Param Puri, Uttam Nagar, New Delhi 110059 has denied them to attend classes since September 2010. It is a sad story. The said unaided recognized private school is so much greedy that it resorted to harassment & humiliation not only to the parents but also to these young kids with a view to force parents to pay the school fees knowing well that the parents are unable to pay the same. The school is just interested in making money and nothing else.

All these students have been studying in the school since class nursery. Their father is an ordinary Tailor and is not having good & regular income. During the academic year 2008-2009, the financial condition of their father drastically gone down resulting in non-deposit of full fees of his wards. Interestingly, realizing the fact that he would not be able to afford school fees for his kids anymore , he requested the school to issue T.Cs so to enable him to get them admitted in govt. school but the school declined to issue T.Cs and insisted for clearance of full fees first. As the parents expressed their inability to pay school fee, the school withheld the report cards of these students.

Somehow, all the students were promoted to the next classes in the academic year 2009-2010. The parents during the year 2009-2010 could only pay a total sum of Rs 10,000/- (Rs 4000 on 17/09/2009, Rs 4000 on 25/02/2010 & Rs 2000/- on 17/07/2010) against the demand of nearly Rs 60,000/-. These students were not allowed to attend classes from 01/11/2009 to 25/02/2010 at all. However, on payment of a sum of Rs 4000/- by the parents under duress on 25/02/2010, the students were allowed to appear in the annual examinations held in March 2010. All these students qualified the annual examinations and were promoted to next classes. Out of these students, the school management withheld annual report card of master Akib to compel the parents to make outstanding amount. Again the school declined to issue T.Cs & insisted for clearance of entire dues as a condition for issuance of T.Cs.

The misery doesn’t end here. The students after they were promoted started attending their classes for next session from 01/04/2010. It is submitted that between 25/04/2010 and September 2010 all these students were several times humiliated & unceremoniously send back to their home and were not allowed to attend classes. Several times these students were called from their classes, humiliated & forced to stand even for 2-3 periods continuously and then they were asked to go their home. It has caused very severe mental trauma to these students. It is submitted after these students appeared in the Ist –term- examinations held in September 2010, they were not at all allowed to attend the classes and since then all the students are sitting idle at their home. Despite parents approaching the school several times requesting them either to allow the students to attend the classes or issue them T.Cs , the school neither allowed the students to continue to attend the classes nor T.Cs were issued.

The aforesaid action on the part of school is totally unethical, arbitrary, violative of right to education, anti-child and has caused severe mental trauma to these students. The school was not at all justified in refusing students to attend the classes. The school was also not justified in refusing T.Cs merely because the parents were unable to deposit fees as demanded by the school.

That due to aforesaid arbitrary action on the part of the school, all these students have already suffered loss of academics besides undergoing mental agony, harassment , humiliation & trauma. In case, these students are not allowed to take annual examinations, their whole year would be spoiled. It is submitted that all these students are entitled to take the annual examinations.

It is, therefore, requested that you may please intervene in this matter on urgent basis and direct the principal/management of Sanjeevani Public Schoool, S-Block, Param Puri, Uttam Nagar, New delhi 110059 to hold the annual examinations of all these students forthwith so that the whole year of these students should not be wasted.

With Regards

Ashok Aggarwal

Advocate

Advisor, Social Jurist

M-09811101923

Friday, March 18, 2011

FROM REPORT ON NATIONAL WORKSHOP ON EDUCATION - 26.03.2010

WORKSHOP REPORT

TITLE- “International Understanding on Diversity in Higher Educational Institutions with special focus on Teacher Training Programmer”

DATED- March 20, 2010
A National Workshop was organized by the Department of Education, University of Delhi on March 20, 2010. The theme of the conference was “International Understanding on Diversity in Higher Educational Institutions with special focus on Teacher Training Programmer.” Representatives of various institutions/organizations form across the country graced the occasion by their presence, deliberated on its related issues and created a rich learning environment for all. The excerpts of the workshop in the form of report are as follows.

MR. ASHOK AGGARWAL:

The speaker shared the legal aspects of his latest probe into the affairs of a MCD School, situated on Tilak Lane violating the RTE Act its ramifications with the audience which is as follows:

Till about 2 years ago, the school authorities admitted children from the surrounding areas including, Mata Sunderi and Minto Roads. However, after the delimitation of certain parliamentary constituencies, the NDMC made a policy preventing new admissions from the above mentioned areas. Their contention was that after the delimitation the area the school is situated in is no longer in the same constituency; therefore, admissions will not be given to the children residing in Mata Sunderi and Minto Roads respectively, even though these areas are within 3 kms of the school premises.

Interestingly, the children of NDMC employees residing in other areas
were allowed admission.

Hence, the eminent speaker has filed a petition in the High Court on behalf of the aggrieved parties against the neighborhood school student admission system, denying the parents the right to choose a suitable school for their children, even if they reside 50 or/to 100 km away from the school as envisaged in the RTE Act. Unless Government is prepared to uphold education of similar value and satisfactory value for all, it should be allowed to impose or force parents to get admission for their children to this school, especially in view of the dismal standard of education in MCD Schools.

The dichotomy that arises in this case is, that on one hand the parents have the right to choose a school for their children and on the other through the Rte Act, the government under its neighborhood schools system makes it mandatory for the parents to send their children to MCD School, even through there is no education, as compared to private schools.
Another issue that the speaker raised was that of ‘late free charges’. All schools in Delhi charge late free, Rs.10/- or 20/- or more depending on their whims and fancies. Interestingly, according to the Delhi Government Law, the late free is 5 paisa per day. Therefore, the schools are overcharging. But when the constitution allows for ‘free education’, then why the fee or the late fees at all?

The Speaker had earlier informed the press, when fighting on behalf of a
parent who asked for a refund of the fine amount of Rs.600. According to Mr.
Agarwal, if the fine amount is 5 paisa per day, then the parent was liable to pay
Rs.2.80 to the school and not Rs.600/- that was actually charged from him.
There is a provision in the Act under the late fee that the fine may be excused in
unavoidable circumstance.

The speaker drew the attention of the audience to the dichotomies
existent in the law and the RTE Act. He said if education is free according to the
Constitution, then why fees / late fee is being asked for from the parents and to
top it, in case of a delay in payment, there is a penalty on it.

The High Court in its judgment in this particular case instructed the
school to charge 5 paisa per day as late fee penalty from the parent and also
instructed Delhi Government to look into the issue of the fee penalty.


Yet important issue raised by him was that of the ‘quarterly fee payments’. The speaker had filed a petition in the High Court against this system of fee collection by schools. Some parents requested the schools to collect it on a monthly basis. When they sent a cheque, the school returned it, saying it was a month’s payment and not for the entire quarter.

The High Court observed that there is a provision in the law for the monthly payment of fees. Teachers’ salary in not paid quarterly; it is monthly. The High Court, therefore, gave directions to the school that they shall not force the parents to pay fees on a quarterly basis, and hence be allowed to pay on a monthly basis.

Then he deliberated on the issue of ‘fee hike’. The speaker foresees a major crisis in the wake of an 8 percent increase in the D.A. allowance as the fees will be hiked once again. Earlier too there were countrywide agitations against fee hike, with parents coming out on the streets, to voice their protest. The first PIL against fee hike in the High Court was filed in 1997 by Mr. Ashok Agarwal himself. The speaker elaborated citing law which says that there should be no commercialization of education, but it is rampantly being done.

Initially at the time of admission, the parents feel that the fee is affordable but with subsequent fee hikes, they are unable to afford the same. In such circumstances they are forced to withdraw their ward from private school and admit him into government school which imparts the child in myriad ways as he / she is unable to adjust to entirely new circumstances then.

The speaker advocates active involvement of the parents to fight against exploitation by private schools. He urged the parents to take out little time from their daily routine and try to work for improving the lot of the government schools, for the ultimate salvation of schools and children alike. This is the only ultimate solution.

The speaker cited different articles like Article 14, 21, 21A, 38 that talk of equality, social equality and so on. Mr. Agarwal apprised the audience of the ‘discriminated differentiation’ between the schools the government has created. There are about 35 to 40 different layers of schools: Sainik Schools. Pratishtha Vidyalayas, Navodaya and so on. These schools are listed as special category schools in the RTE Act and therefore are excluded from its implementation. So every child cannot ask for and be granted admission in these schools as a matter of their right.

Interestingly, Kedriya Vidyalayas get about Rs.11000/- per student grant as opposed Rs.800/- per student in a government school. Astonishingly, the RTE Act notifies and validates such acts of discrimination. Thus, the RTE Act is sanctioning discrimination and the government is notifying it.

All these issues are of serious and immediate nature which leads to other problems at a later stage in higher education. Due to differing socio-economic status of the population, about 30% to 40% students are forced to take education in the government schools.

Thus, it is imperative that we look into the commercialization aspect of education and exploitation of the child as we collectively work towards building an equitable society.
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