A Civil Rights Group
The Deputy Director of Education
Govt. of NCT of Delhi
Vikaspuri, New Delhi-18
Dear Madam/ Sir
Advisor, Social Jurist
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
– 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
Hon’ble Shri Arvinder Singh Lovely
Delhi Education Minister
Subject: Parents unable to pay fees-
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,
Advisor, Social Jurist