Sunday, November 27, 2011


Delhi High Court on Thursday came to rescue of a poor workman by directing a Delhi Government Undertaking to pay to him wages from the date of removal i.e. 26th June, 1990 till the age of superannuation and thereafter, all the consequential relief of pension etc.

Shri Azad Singh working as Driver with Delhi Tourism and Transportation Corporation Limited (DTTCL) had filed petition in 1991 in Delhi High Court against removal from service on 26.06.1990. He was removed on the alleged charges that on 27.11.1987, he along with an outsider entered in the office of the management with a bottle of whisky and he started drinking there and misbehaved with the staff. Shri Azad Singh denied the correctness of the charges and claimed to have falsely implicated.

Justice M.L.Mehta accepting the arguments of petitioner’s Counsel Mr. Anuj Agarwal, that there was no positive and reliable evidence supporting the charges leveled against the petitioner and also that a reasonable opportunity to defend had not been afforded, quashed the removal order dated 26th June 1990.

Friday, November 25, 2011


After pulled up by Delhi High Court, Delhi Government has today issued Notification notifying Rules under Right of Children to Free and Compulsory Education Act, 2009.

Social Jurist writes to Union Health Minister for National Policy on Free Treatment in Pvt. Hospitals

Social Jurist


Sri Gulam Nabi Azad
Union Minister of Health,
Government of India,
Nirman Bhavan, New Delhi-1

SUBJECT: Seeking formulation of a clear National Policy by the Central Government to ensure that all private hospitals across the country which have been provided government land at concessional rates in any part of the country should be directed to provide free medical treatment and free beds to the extent of 10% IPD and 25% OPD to poor patients on the lines of such free medical treatment and free beds having been facilitated to the poor by the Hon’ble Supreme Court in over 40 private hospitals which were provided concessional government land in the National Capital Territory of Delhi

Dear Sir,

This has reference to the submission of the learned Central Government Counsel before the Delhi High Court on 24/11/2011 that the government is in the process of formulating a policy for the National Capital Territory of Delhi with regard to providing free treatment and beds to poor patients in 42 private hospitals which were given government land at concessional rates for the purpose.

While dismissing the Special Leave Petitions of the 10 private hospitals, the Hon’ble Supreme Court, in its landmark order dated 1 September 2011, had clearly stated that all hospitals which have been provided concessional government land are duty bound to provide 10% IPD and 25% OPD facilities free of cost to the poor patients. In view of the spirit of the Supreme Court order dated 1 September 2011, the Central Government should come out with an elaborate National Policy to facilitate similar free medical treatment and beds to the poor patients in all private hospitals across the country which have been provided concessional land in any part of the country.

It is submitted that public lands on concessional rates have been provided to charitable societies all over the country for running hospitals. However, barring Delhi, all the private hospitals in other States and Union Territories are not at all providing free medical treatment to the economically weaker sections, perhaps in the absence of clear policy decision by the Central Government. By not providing free treatment to the poor, these hospitals for the last four decades have not only violated the terms of the land allotments with impunity but have also cheated the people of this country.

If a clear National Policy is formulated by the Central Government with regard to providing free treatment to poor patients in private hospitals all over the country – while taking into consideration the spirit of the Supreme Court’s 1 September 2011 order – it will go a long way in ensuring that thousands of poor patients living across the country are immensely benefited and also saved from the undue harassment at the hands of the management and authorities of the private hospital which has been provided concessional government land.

Thanking you,

Warmest Regards,

Ashok Agarwal, Advocate

Advisor, Social Jurist

M- 9811101923

Wednesday, November 9, 2011


By Ashok Agarwal, Advocate & Social Activist

Maharashtra Right of Children to Free and Compulsory Education Rules, 2011 which has come into force from 11 October 2011 in Section 2 (r) has defined “Uniform” means a dress decided by the concerned school committee with due consideration to the expected norms of behavior and discipline, to be worn by students of the school. Such a definition of “Uniform” in the Rules, in my humble submission, is open to be exploited by communal minded element in the school committee.

Mail Today, New Delhi, November 10, 2011 has reported that a preposterous correlation between Jeans and rape cases has prompted some community leaders to advocate a regressive dress code for girls in Muzzaffarnagar district of U.P. The suggestion comes close on the heels of similar curbs that were slapped by a village khap in the district. The Brahmin Samaj of Muzaffarnagar believes that jeans must not be worn by girls. Over 50 members of the community held a meeting in the Fogana area on Tuesday evening and concluded that rape cases were on the rise because of this sartorial preference of the fairer sex.

It is submitted that Article 51-A of the Constitution of India which deals with Fundamental Duties of Citizens amongst others talks of developing the scientific temper, humanism and the spirit of inquiry and reform. Section 29 of the Right of Children to Free and Compulsory Education Act, 2009 which deals with Curriculum and Evaluation Procedure amongst others talks of making the child free of fear, trauma and anxiety and helping the child to express views freely. It is therefore, submitted that the definition of “Uniform” given in the Maharashtra RTE Rules, 2011 goes against the letters and spirit of the Constitution and the RTE Act, 2009.
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Delhi High Court (Chief Justice Bench) today directed Government of Delhi to make notified Rules under Section 38 of Right of Children to Free and Compulsory Education Act, 2009 in 3 weeks. These directives have come on the PIL filed by Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal complaining that despite having the RTE Act, 2009 coming into force w.e.f. 01.04.2010, Delhi Government has failed to make Rules by Notification resulting in delay in implementation of most of the important provisions of the Act. ”The failure to do so on the part of the Government defeats the very object and purpose of the enactment of RTE Act, 2009”, submitted Mr. Agarwal.

The Court taking serious note of the deliberate delay in bringing notified rules, had on the last hearing directed Delhi Principal Secretary (Education) Mr. Rakesh Mohan to be personally present in the Court today. The Delhi Government Counsel has informed the Court that the final Rules have been approved by the Cabinet on 04.11.2011 and have been sent to the Lt. Governor of Delhi for assent on 08.11.2011 and would be notified within 3 weeks. Mr. Rakesh Mohan was also present in the Court. Disposing of the PIL, the Court noted that the notified rules were required for the implementation of the Right of Children to Free and Compulsory Education Act, 2011 and directed the Government to notify the rules in 3 weeks positively.


- Monitoring Committee of which I am a member inspected three private hospitals, namely, Delhi ENT Hospital & Research Centre, Jasola, Gujarmal Modi Hospital, Saket and Max Super Specialty Hospital, Saket on Monday November 08, 2011. The Committee noted that in ENT Hospital & Research Centre, a female patient whose family monthly income was less than Rs.6422/- was admitted in the paid category whereas all the three free beds were lying vacant. The Committee advised the Hospital that the concerned patient must be converted in free category and the money deposited (Rs.2500/-) be refunded. It was found that 6 free beds out of 10 were lying vacant in Gujarmal Modi Hospital whereas 26 free beds out of 30 were lying vacant in Max Super Specialty Hospital.

Friday, November 4, 2011


UNFORTUNATE & CRUEL- Economically poor Class VIII student of Guru Harkrishan Public School, India Gate (situated on govt allotted land on highly concession rates with a view that the school will provide free education to economically weaker student) today got two slaps on his face besides hearing humiliating words from his teacher. His fault is that he boarded school bus to go back to home after school was over and the heartless teacher pulled him out of bus under the incorrect impression that the student has not deposited bus fees. What kind of education institutions we have?

Free-Beds for EWS patients in Pvt. Hospitals – Need for wider publicity

Ashok Agarwal
The Principal Secretary (Health)
Government of NCT of Delhi
I.P. Estate, New Delhi-110002

Sub: Free-Beds for EWS patients in Pvt. Hospitals – Need for wider publicity

Dear Sir,

While I fully appreciate the Delhi Government issuing detailed guidelines to private hospitals regarding free medical treatment to patients under the EWS category, I would like to point out that at present there is almost complete absence of information to EWS category patients about such free treatment available to them. Consequently, most beds reserved under this category continue to remain unoccupied in most private hospitals despite the existence of a large number of poor patients who are eligible for free medical treatment.

In order to create adequate public awareness on the issue and facilitate the EWS category patients to avail the free medical treatment in private hospitals ---- which has been made possible through the landmark judgment of the Hon’ble Supreme Court---- I would like to make the following suggestions to the Delhi Government:

i) The Delhi Government should immediately come out with prominently-displayed public service advertisements in all major newspapers, magazines and television channels of different languages detailing the names of hospitals where such free treatment is available as well as the number of beds available is each hospital.

ii) Such public service ads should also clearly mention the eligibility criteria for free treatment which includes the important fact which has been categorically states by the Hon’ble Supreme Court that a patient doesn’t have to furnish any documentary proof of his/her income or any other documents while availing the free treatment. And that s/he only needs to fill a declaration form starting that his/her monthly income is less that Rs. 6,422.00.

iii) Such public service ads should also clearly mention what all is available to the EWS patients under the EWS category so as to do away with the earlier misconception that they need to pay for the medicines, etc.

iv) Such public service ads should also include an easy to remember 24X7 Helpline Number (preferable a four digit one as allotted for other emergency services like CATS) where patients may call for inquiries as well as lodge complaints regarding erring hospitals.

v) Such public service ads should also state the provision regarding diversion of such patients from government hospitals.

vi) The above mentioned information should also be displayed prominently in major languages outside all the private hospital which provide free treatment as well as in all government-run hospitals.

vii) Members of the Monitoring Committee constituted by Delhi Govt. with names, addresses, telephone numbers etc. be displayed both in the private and government hospitals.

viii) The Hon’ble Delhi High Court in Orders dated 22.03.2007 in Social Jurist PIL
were pleased to pass the directions: “We direct the Director General of Health Services, Union of India, as well as Director General Health Services Govt. of NCT of Delhi to constitute a Special Cell to comply with the directions of the Court including the receipt of various informations and money as directed in this judgment. Let this be done within two weeks from today.” It is submitted that the Special Cell as contemplated in the Orders has not been constituted till date. Kindly do the needful in this regard.

With regards,

Ashok Agarwal, Advocate
Member of the Monitoring Committee and Inspection Committee

violation of right to education of 329 MR children of Govt. run Home - Social Jurist writes to Delhi Chief Secretary

A Civil Rights Group

The Chief Secretary,
Govt. of NCT of Delhi,
Delhi Secretariat,
I.P. Estate,
New Delhi- 110002.

Sub:- Violation of Right to Education of 392 mentally retarded children of Delhi Govt. run‘ Asha Kiran Home’.

Dear Sir,
By this letter, we are seeking your immediate intervention in this matter relating to violation of Right to Education of as many as 392 mentally retarded children in the age group 5 to 18 years of Delhi Government run ‘Asha Kiran Home’, at Rohini, Delhi.

The Social Welfare Department of the Govt. of NCT of Delhi has been running a Home namely ‘Asha Kiran’ at Rohini, Delhi for mentally retarded persons. It has been providing shelter to nearly 800 mentally retarded persons which include 392 children in the age group 5 to 18 years. Most of these persons are destitutes. It is needless to say that all children including children with disabilities have fundamental and human right to education as guaranteed to them under Articles 14, 15, 21, 21-A and 38 of the Constitution of India read with the provisions of Delhi School Education Act, 1973, Right of Children to Free and Compulsory Education Act, 2009, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and UN Convention on the Rights of Persons with Disabilities (2008). It is also needless to say that all the children with disabilities are entitled to education in the mainstream school.

It is submitted the Asha Kiran Home have facilities for care and protection of mentally retarded children but it has no facility so far as the Right to Education of these children are concerned. Therefore, Department of Education has a role here.

That Mr. Ashok Agarwal, Advocate is a member of the Advisory Committee constituted by the Directorate of Education, Govt. of NCT of Delhi under the chairmanship of Principal Secretary (Education) in terms of the Orders of Hon’ble Delhi High Court in Social Jurist PIL relating to education of children with disabilities, He raised the issue about the Right to Education of the children staying in Delhi Government run Asha Kiran Home in the meeting dated 06.12.2010. It was decided that a team from the Department of Education would visit Asha Kiran Home to identify the children entitled to be enrolled in the mainstream school and thereafter, to take necessary steps to get them enrolled in the mainstream school.

It is submitted that in terms of the aforesaid decision, initially Mr. Ashok Agarwal along with officials from the Education Department headed by Mr. R. P. Yadav, DDE visited Asha Kiran Home and deliberated with the Home’s Administrator. Thereafter, 12 Resource Teachers from the Directorate of Education visited the Asha Kiran Home from 12.03.2011 to 26.03.2011 and again from 04.04.2011 to 07.04.2011 to assess the children staying therein for the purpose of providing them education. During the said visits, the Resource Teachers Team assessed as many as 392 children between the age group of 5 to 18 years. 32 Boys and 12 girls were found to be Educable, 83 boys and 61 girls were found to be Trainable, 77 boys and 43 girls were found to be Educable + Trainable, 45 boys and 30 girls were found to be ADL + Custodial.

It is submitted that there is a mainstream government school situated just next to the Asha Kiran Home. We understand that 44 children (32 boys + 12 girls) found in Educable category during the assessment could be immediately sent to Government run mainstream school and so far as the remaining children were concerned, the same could progressively be mainstreamed after preparing them for the same. However, the entire process of mainstreaming these children has come to halt due to unwarranted controversy between the Education Department and the Social Welfare Department. It is not only unfortunate but also tantamount to criminal negligence.

Despite the fact that the Department of Education has been making all efforts for bringing all these 392 MR children in the mainstream school the Department of Social Welfare is refusing to get these children enrolled in the mainstream school on the alleged ground that they could not take risk of sending these children to the school outside the home.

The controversy between the Department of Education and the Department of Social Welfare is leading to depriving these 392 mentally retarded children of their Right to Education. The process of mainstreaming of such children has already been delayed due to laxity on the part of the Government and any further delay would not only be undesirable but also be fatal.

In view of the above facts, you are requested to kindly intervene into this matter on most urgent basis and sort out the differences and disputes between the Department of Education and the Department of Social Welfare so to enable all these 392 mentally retarded children to attend the mainstream school at this earliest.

With regards,

Advisor, Social Jurist