Tuesday, August 27, 2013

Jahangirpuri students write RTE Postcards to Delhi High Court Acting Chief Justice highlighting sorry state of affairs in schools

SOCIAL JURIST A Civil Rights Group To Hon’ble Acting Chief Justice Mr. B.D. Ahmed High Court of Delhi New Delhi: 110003 August 27, 2013 Subject: Sorry state of affairs in Government and MCD run schools in Jahangirpuri Respected Sir, As part of our effort to critically analyse the position of implementation of right to education, the Social Jurist team, visited a stretch of slums in the Jahangirpuri area on Sunday 04.08.2013 and gathered feedback of students residing in the locality regarding the state of the schools. The students expressed their experiences and views regarding the Delhi Government-run and MCD schools in the area on post-cards addressed to your Hon’ble self. The findings are being briefed up hereunder. The children who wrote post-cards were mainly distributed among three schools: (i) the MCD Primary School, Jahangirpuri, Government Girls Senior Secondary School, K-Block, Jahangirpuri and Government Boys Senior Secondary School, K-Block, Jahangirpuri. A handful of students from the locality were attending to the Government Boys Senior Secondary School, A-Block, Jahangirpuri and the Government Girls Senior Secondary School, A-Block, Jahangirpuri. The problems that have surfaced from the study of these post-cards seem to be part of the common story about all the Government and MCD-run schools in the city: lack of hygiene, unusable toilets, lack of access to drinking water, poor electrical arrangements, lack of desks, lack of discipline, teacher-absenteeism, teachers’ misbehavior and so on. Forty postcards having been written by the students are attached hereto for your kind consideration. MCD Primary School, Jahangirpuri (8 post-cards) • Students from this school have expressed the hardships faced by them due to absence of usable toilets in the school. The toilets meant for students remain very dirty, stinky and unusable. The better ones are reserved for the teachers and if students dare use the same, they are assaulted at the hands of the teachers for doing so. • There is also no proper provision of drinking water in the school. The taps give out unclean water misfit for drinking. • There is a problem of frequent power-cuts in the school. • The mid-day meals are not supplied properly or in sufficient quantity. Moreover, students are engaged for serving mid-day meals. Further, the students are made to stand in a row and eat their meals. • There is massive scarcity of benches in the school. Besides the same, the school premises and play-ground get water-logged during rains, adding to the problem of lack of hygiene. Government Girls Senior Secondary School, K-Block (16 post-cards) • Insects found in mid-day meal on one occasion • Insufficient quantity of mid-day meal served in school • Toilets remain very dirty; on complaining to teachers, they in turn scold the children • Lack of cleanliness in school premises • Children have to stand in the open sun for morning prayers • Studies not properly conducted in the school; proper attention not given to studies • Students not encouraged to ask questions; rather, they are scolded and insulted if they are unable to understand and ask queries • Some teachers have a very positive attitude and are concerned about the students’ future • Mid-day meal not supplied on time • No proper provision for toilets in school • No adequate provision of benches in the school; three children have to share a single bench • Problem of indiscipline and physical fights among students • While exiting the school premises, girls have to face harassment in the nature of obscene and sexist remarks from boys who come for the second shift school • Water collects in the school during rains • Several teachers do not take their classes; many teachers do not report to school in time • Shortage of teachers in school • No proper provision for playing in the school • No proper arrangement of drinking water in school; out of four installed water-tanks, only one is functional • Overcrowding in classrooms • Insufficient, broken and non-functional fans in school Government Boys Senior Secondary School, K-Block (14 post-cards) State of amenities, provisions and hygiene • Toilets in the school remain locked; students have to go in the open for call of nature • There is no proper drinking water facility in the school • The school authorities have complete disregard for hygiene and cleanliness in school. The conditions in the school are very unhygienic. • The school faces the problem of water-logging during rains, which worsens the prevailing unhygienic conditions • Electrical fittings such as fans, bulbs and tube-lights are missing in many classrooms • On some days, mid-day meal is not supplied in school Teachers’ performance, behavior and state of administration in school • Teachers generally behave rudely and abusively with the students. They even assault students and make them sit on the floor for asking questions. • Hardly 3-4 teachers come to school on a given day; sometimes even they go missing. Most of the teachers do not come to school in time. As a result, out of 8 periods, only two to four are conducted on a given day. • Teachers are least interested to teach the students. Studies are not conducted properly in the school. • Students have to stand in the sun for prayers which may be particularly taxing upon the students’ health in case the school is an evening-shift school. • Physical fights are common among students; general discipline is poor. Government Girls Senior Secondary School, A-Block (2 post-cards) • School toilets are in a dirty and unusable state. • There are no functional fans in class-rooms. • There is an enormous over-crowding in class-rooms. One of the students has written that there are 64 students in her Section of Class VII. Government Boys Senior Secondary School, A-Block (1 Post-card) • There are no functional fans in class-rooms. • There is a lack of general discipline in the school; truancy is rampant among students and the same remains unchecked; most of the children leave school at recess. Under the RTE-PIL-Postcards campaign as well as visits to the schools, it has been a general experience that schools of both categories, the ones managed by the Delhi Government and those managed by the MCD, are plagued by problems of very fundamental nature and are far away from the goal of providing quality education. It is indeed a misfortune that after 66 years of independence, the government has not been able to ensure the very basics such as teacher-attendance and hygiene even for the schools in the Capital city. The questions such as raising the bars of education, rethinking, debating and redrawing the goals of our education-system are nowhere in consideration as we are still struggling to arrange the basic infrastructure and conditions even for elementary education. In these circumstances, your constructive interventions are sought so as to trigger a change in the hopeless state of things. With regards, Ashok Agarwal, Advocate Advisor, Social Jurist M: 9811101923

Saturday, August 17, 2013

JOIN DOWN TO EARTH ACTIVITY - LAWYERS + TEAM SUNDAY 18 AUGUST 2013 PROGRAMME AT BAWANA

Lawyers Plus Team of Social Jurist led by Adv Ashok Agarwal shall visit Slums at Bawana, Delhi on Sunday August 18, 2013 from 8.00 am to 10.00 am to interact with the slum dwellers (door to door) on right to education and right to health. Those interested to join us may please reach at Bawana JJ Bus Stop at 8.00 am sharp. From 10.30 am to 12.30 pm, there will be RTE PIL POSTCARD CAMPAIGN meeting in which over 100 students of classes V to XII of various MCD and Delhi Government Schools of the area and also their parents are expected to participate and to write postcards to Delhi High Court Chief Justice on 'STATUS OF EDUCATION STATUS IN SCHOOLS AFTER 3 YEARS OF RTE Act, 2009.' Contact person Ms. Uma Devi M-8800413297 Ashok Agarwal, Advocate M-09811101923 17.08.2013

EVEN UNRECOGNISED UNAIDED SCHOOLS TEACHERS ARE ENTITLED TO 6 PAY COMMISSION SALARIES - HOLDS DELHI HIGH COURT

In a far reaching judgment, Hon’ble Mr. Justice Valmiki J. Mehta of Delhi High Court has held that S. 10 of Delhi School Education Act, 1973 which mandates that the salaries of the employees of an unaided recognised private school shall not be less than those employees of the corresponding status in the Government school even apply to teachers working in unrecognized unaided schools. “In this Public Interest Litigation (Social Jurist, a Civil Rights Group vs. GNCT & Ors) the Division Bench of this Court has specifically laid down the ratio that the provisions of Delhi School Education Act and Rules, 1973 will apply even to unrecognized schools which are run in Delhi”, Justice Valimiki held. This ruling came on a petition filed by the 19 teachers of St. Anthony’s Girls Primary School through Advocate Ashok Agarwal claiming payment of their salaries in terms of 6 Pay Commission Recommendations. The school claiming itself an unrecognized unaided school pleaded before the Court that S. 10 of Delhi School Education Act, 1973 was not applicable to its teachers. Rejecting the school’s plea, the Court held that the Act even applied to unaided unrecognized private schools and teachers claim was justified and were entitled to salaries in terms of 6 Pay Commission with 6% interest. The Court also ordered initiation of contempt proceedings against the members of the School Managing Committee after finding that the school has taken up a blatantly false stand before the Court that the school is not recognized in spite of the fact that recognition had been granted way back on 02.06.1979 by the Director of Education. The Court has issued contempt notices to the members of the School Managing Committee to reply by 30 September 2013. Copy of the Judgment attached. Ashok Agarwal, Advocate M-09811101923 16.08.2013

Saturday, August 10, 2013

SECURITY OF SERVICES OF TEACHERS IN UNAIDED PRIVATE SCHOOLS

Valmiki J. Mehta J of Delhi High Court in one of its recent judgments has referred to Article 21-A (right to education) of the Constitution of India for the benefit of teachers employed with the unaided private schools in Delhi. A common unjust practice to employ teachers on probation by unaided schools and to continue the same for years together without confirmation in service is being followed. Such teacher always remain under the threat of termination of services without remedy. The Hon'ble Judge applying Article 21-A of the Constitution has laid down the maximum period of probation as three years while interpreting Rule 105 of the Delhi School Education Rules, 1973.

Thursday, August 8, 2013

Talibana style of functioning of Admission Incharge at G.G.S.S. School No.2 Molarband, Badarpur denying admission in class VI to a girl student Anshu Singh

ALL INDIA PARENTS ASSOCIATION Aggarwal Bhawan, G. T. Karnal Road, Tis Hazari, Delhi -110054 To Prof. Ms. Kiran Walia Ji Hon’ble Education Minister Government of NCT of Delhi Delhi Secretariat I.P. Estate, New Delhi August 8, 2013 Subject: Talibana style of functioning of Admission Incharge at G.G.S.S. School No.2 Molarband, Badarpur denying admission in class VI to a girl student Anshu Singh Dear Madam This is to seek your intervention in the matter of admission of an underprivileged girl Anshu Singh (age 11yrs.) daughter of a watchman Sh. Kamal Dev Singh (M-9910904591) who passed her class Vth from B.S. Memorial Public School Roshan Nagar Agwanpur, Faridabad. Despite her case been recommended by the Dy. Director of Education (South) Defence Colony for admission in G.G.S.S. School No.2 Molarband and all the required papers been submitted by her father the Admission Incharge gave no firm answer and said “we will call you”. This School is around 1 ½ K.M. from the place of residence of the girl student. After the father made innumerous rounds of the school on 30-07 2013 the Principal of the school said the admissions are over and asked the father of the girl student to take back all the papers submitted by him. When the father refused to do so the Admission Incharge called the Guards of the school and asked them not to let the father leave the school premises until he takes back papers submitted for the admission of his daughter. Sh. Kamal Dev Singh had to call the PCR on 100 for his safety as the guards were about to manhandle him. After the intervention of the police he could leave the school premises although the police constable also pressurized him to take his papers back or otherwise they will be thrown in the dustbin. The above mentioned episode clearly reflects the Talibani mind set of the Admission Incharge and the total insensitivity of the school authorities towards the RTE of the poor children. Letter from the father of the girl, addressed to me, is attached herewith for your reference. It is submitted that this is a very unfortunate example that I am bringing to your notice. You are requested to personally intervene in the matter not only for the sake of this girls’ right to education but to ensure that this illegal practice of denial of admission to children on a routine-basis and high headedness of the officers of the school can be checked. With regards, Ashok Agarwal, Advocate National President, AIPA M: 9811101923

Friday, August 2, 2013

JOIN DOWN TO EARTH ACTIVITY - LAWYERS + TEAM SUNDAY 04 AUGUST 2013 PROGRAMME AT JAHANGIRPURI

Lawyers Plus Team of Social Jurist led by Adv Ashok Agarwal shall visit Slums at Jahangirpuri, Delhi on Sunday August 04, 2013 from 8.00 am to 10.00 am to interact with the slum dwellers (door to door) on right to education and right to health. Those interested to join us may please reach at State Bank of India, opposite K Block Government School, Jahangpuri, Delhi at 8.00 am sharp. Nearest Metro Station is 'Jahangirpur'. From 11.00 am to 01.00 pm, there will be RTE PIL POSTCARD CAMPAIGN meeting in which over 100 students of classes V to XII of various MCD and Delhi Government Schools of the area are expected to participate and to write postcards to Delhi High Court Chief Justice on 'AFTER 3 YEARS OF RTE ACT, 2009.' Ashok Agarwal, Advocate M-09811101923 02.08.2013