PLEASE SHARE THIS STORY - A 19 years old critical patient Sabia (BPL Card Holder) of Dehradun suffering from Lever Cancer has today approached the AIIMS for treatment. AIIMS referred her case to Safderjang Hospital on the ground that no bed was available. Safderjan Hospital told the patient that it has no objection to her admission but the kind of treatment, she required was not available in the Hospital. Ms. Ishrat Jahan who was accompanying the patient noticed my name and mobile number written on a Notice Board displayed in the AIIMS's premises and called me around 8 am today. She told me that the patient's condition was very critical and she has been taken back to AIIMS where she has been kept in the Emergency on temporary basis and the AIIMS has been telling them that the AIIMS could not provide bed to the patient. She was not at all aware of the provisions for free treatment in the identified private hospitals in Delhi for the EWS patients. I made her aware about the same and advised her to meet EWS Nodal Offier at AIIMS and request her to refer the patient to Max Super Specialty Hospital, Saket for treatment under EWS Category where the patient could get the best medical treatment all free of cost. I have just been told by Ms. Ishrat Jahan that the Nodal Officer at AIIMS has talked to his counter part at Max Super Specialty Hospital, Saket and the patient would be transfer tomorrow morning to Max Super Specialty Hospital, Saket.
In a landmark judgment of 5th September 2012 (copy made available today) in PIL (C.W. (C) No.4618 of 2011) filed by Social Jurist through Advocate Ashok Agarwal, a Division Bench of Delhi High Court has directed all the recognized aided and unaided private schools in Delhi to appoint Special Educators and to make their building/school premises barrier free so to provide free movement/access to children with disabilities. The Court has further directed the DOE, Government of NCT of Delhi to ensure compliance of the directions issued by it and to take action for de-recognition against the erring schools. The Court, however, granted time up to 31st March 2013 to the schools to, if not have already done, make their school premises barrier free/access free. The Court granted the said time having regard to the fact that Section 19 of the RTE Act has given three years from 1st April, 2010. The Court further granted time of two years to appoint Special Educators. However, schools where children with special needs are already admitted or will be admitted hereafter shall immediately make provision for Special Educators and further order that no school shall refuse admission to children with disability for the reason of not employing Special Educators or not providing barrier free access in the school premises.
Most of the people are not aware of the facility of totally free treatment to the patients belonging to the economically weaker section (whose family income is up to Rs. 7020/- per month) to the extent of 10% IPD and 25% OPD in 45 identified big private hospitals of Delhi. EWS patient from any part of the country is eligible for this facility. In the absence of such awareness most of these private hospitals are looting the poor patients who are otherwise eligible for totally free treatment. No documentary proof of any kind is required to show the family income. Mere declaration by the patient or his or her relative is enough proof of the income. The declaration form has to be supplied by the Hospital itself. When a patient is referred by any government hospital to any of the identified private hospital under ews category, the declaration form is filled up at the government hospital and is sent to the private hospital along with the patient. It is all a matter of right and also a great opportunity to be availed of.
Please spread this message widely in larger public interest.
Today, the High Court appointed Monitoring Committee of which I am a member visited two hospitals, namely, Max Super Specialty Hospital, Saket and G.M.Modi Hospital, Saket for inspection. Out of 30 free-beds in Max Super Specialty Hospital, only 8 beds were found occupied and out of 10 free-beds in G.M.Modi Hospital, only one bed was found occupied. The same is the situation with most of the other identified private hospitals.
Ashok Agarwal, Advocate
11 years old Neha is suffering from Brain Tumor and is admitted in Delhi Government run Lok Nayak Jaiprakash Hospital since 31 August 2012. Her condition is critical. Her father, Anil Prashad is in a private service with salary of 6000 rupees a month. On 3.9.12, the Doctor advised for MRI. 10 September was given for the MRI. The father was asked to deposit Rs.6000/- on account of MRI cost with the hospital. Despite poor economic condition, the father somehow managed and deposited Rs. 6000/- with the hospital. There after, he was told that the MRI machine was non-functional and next date of 20 September was given. On 20 September, the father was again told that MRI machine was non-functional and again next of 25 September was given for MRI. When the father objected to it, he was told to get MRI done from outside. When father asked for the refund of Rs.6000/-, the Doctor told him that it would take at least two months time as the money was lying with government department.
Feeling harassed and loosing all hopes from the LNJP Hospital, the poor father has today approached me for arranging free treatment in some private hospital. I immediately talked to Dr. Himanshu Shekar, EWS Nodal Officer of Bensups Hospital at Dwarka and he agreed to take the patient. Anil Prashad is expected to take the patient to Bensups Hospital tomorrow.
Delhi High Court (A.K. Sikri ACJ & Rajeev Sahai Enlaw J) today expressed great displeasure over the state of affairs going on in Government and MCD schools wherein students are mercilessly beaten up by teachers, teachers remain absent for lectures and a dismal state of infrastructure prevails.
Taking cognizance of the petition by Advocate Ashok Agarwal, based on 181 post-cards written by the students of Delhi government and M.C.D. schools in Madanpur Khadar to the Delhi High Court Chief Justice, and taking notice of the moving contents of the petition, the Division Bench consisting of Acting Chief Justice A.K. Sikri and Justice Rajeev Sahai Endlaw issued notices to the Government of NCT of Delhi and M.C.D directing them to file their response within 4 weeks.
The school-children had written moving post-cards narrating the conditions in these schools, on issues ranging from corporal punishment to infrastructure and quality of teaching. Students had written that they are consistently abused and beaten up with fists, kicks, flinging shoes, sandals and canes. Some teachers fling shoes towards students for pointing out the teacher’s mistakes. Others are beaten up with shoe-blows for using teachers’ toilets, while students’ toilets are in an unusable state. Some teachers play Cricket in school instead of teaching. 140-150 students are made to accommodate in one classroom having not more than 20-30 benches. Classrooms have broken ceilings through which rainwater comes and collects in the classrooms and walls give electric shocks.
“In the absence of conducive environment in the schools, the constitutional guarantee of quality education shall remain elusive”, argued Advocate Ashok Agarwal.
Next date of hearing is 07.11.2012.
Ashok Agarwal, Advocate
19 September 2012
Upras Vidyalaya,Vasant Marg, Vasant Vihar, New Delhi-110057, an unaided recognized private school has rusticated Master Abhishek Kumar Singh, Class IX A student from 16.08.2012 on the alleged ground that his mother Ms. Meera Singh had attacked the principal on 11.08.2012 and filed a report in the police station against the school’s management and principal. Abhishek’s parents have approached the Directorate of Education. The Director of Education has asked the school to take back the student but the school is adamant to not to allow him to continue his studies in the school.
It is totally illegal, unfair and unjust on the part of the school to punish the student for the alleged fault of the student’s mother.
Supreme Court verdict laying down constitutional principles for postponement of reporting of sub-judice matter in my humble opinion tilts in favour of powerful people and against powerless people. The doctrine of “postponement of reporting” propounded by the Hon’ble Supreme Court will only be abused by the powerful and the corrupt politicians, bureaucrats and businessmen to suppress the voice of innocent victims of the heinous crimes. Laws & Judgments need to be pro-people.
Last week, a man from Delhi Holambi Kalan Resettlement Colony approached me. He came to my chamber along with his five children, the eldest one was girl and the rest were boys. His wife left all of them last year. He wanted me to help him to bring his wife back as in her absence, he was unable to look after the children. On my query, he told me that all his children except the eldest girl are attending the school. He further told me that her daughter was studying in class VIII but now he has withdrawn her from the school as she has to cook food for all of them.
On hearing all this, I got angry and threatened him that if he would not get her daughter readmitted in the school the same day, I would put him in jail. So far as his problem with his wife is concerned, I told him that would I see later on. The gentleman was so much terrified that he got her daughter readmitted in the school same day. Now she is attending the school regularly.
Class VI student Master Manish Kumar of Government Sr. Secondary School, Chandan Hala, New Delhi-74 has written a postcard to Advocate Ashok Agarwal saying Classrooms are without fan and teacher is without chair.
It is interested to note that on a single day i.e. 22.08.2012 I have received as many as 38 postcards from the students of Chandan Hala area studying in (1) MCD Primary School (2) Govt.Boys Sr Secondary School and (3) Priyadarshni Sarvodyaya Kanya Vidyalaya seeking my intervention in improving the physical conditions of their schools. In one of the postcards, class III student of MCD Primary School has said that she wants to play in the play ground of the school but she is unable to play as the playground is always filled up with water.