Thursday, February 28, 2013

PARENTS MOVE DELHI HC AGAINST REVISED LIST OF JAN 2013 OF SELECTED STUDENTS OF NCERT NATIONAL TALENT SEARCH EXAMINATION (NTSE), 2012


Three aggrieved parents through Advocate Ashok Agarwal have on Thursday 28.02.2013 moved a petition in Delhi High Court against the revised list of selected candidates published in January, 2013 of National Talent Search Examination, 2012 of National Council of Educational Research & Training whereby the NCERT has illegally and arbitrarily revised the final list of the selected candidates of National Talent Search Examination, 2012 published on 16.08.2012 excluding the names of the as many as 40 students from the list of the selected candidates and thereby depriving them of qualifying certificates and scholarships @ Rs.500/- per month. It is submitted that the action on the part of the NCERT in revising the list of 16.8.2012 is totally arbitrary, unjust, anti-child, unreasonable, unfair, violative of the principles of the natural justice, violative of Articles 14 & 21 of the Constitution of India. It is also submitted that the action on the part of the NCERT has caused mental agony, trauma and harassment to the students that were authentically and consciously declared successful in the National Talent Search Examination (NTSE), 2012 as back as on 16.08.2012. The petition would raise the following substantial questions of law of public as well as of private importance for determination by the Delhi High Court: (i) Whether NCERT was at all justified in revising its list of selected candidates in National Talent Search Examination, 2012 published as back as on 16.08.2012 and that too after 6 months thereof (January, 2013) thereby excluding the names of as many as 40 students from the list of the selected candidates and depriving them of the qualifying certificates and scholarships to which they are legally entitled to? (ii) Whether by virtue of the final list of the selected candidates published on 16.08.2012, the 40 aggrieved students have acquired a vested right in their favour to receive qualifying certificates and scholarships that cannot be legally taken away by the NCERT in the manner it has been done in the present case? (iii) Whether the action of NCERT violates the fundamental rights of the aggrieved students as guaranteed to them under Articles 14 & 21 of the Constitution of India? The case is likely to be heard by the High Court on Monday 04.03.2013 Ashok Agarwal, Advocate M-09811101923 01.03.2013

Monday, February 25, 2013

prohibit screening procedure in admission of children in nursery classes - Social Jurist writes to Lt. Governor of Delhi


SOCIALJURIST A Civil Rights Group To The Lieutenant Governor Government of NCT of Delhi Raj Niwas Marg, Delhi-110054 25.02.2013 Subject: Representation requesting for amendment in the Recognised Schools (Admission Procedure for Pre-Primary Class) Order, 2007 to prevent screening in admissions to pre-primary/Nursery classes in unaided private recognised schools Sir I wish to draw your attention to the various categorical observations made by the Hon’ble Delhi High Court through its Division Bench comprising Hon’ble Chief Justice Shri D. Murugesan and Hon’ble Mr. Justice V.K. Jain in a Public Interest Litigation entitled Social Jurist V. Government of NCT of Delhi and anr. [W.P. (C) 8533/2010]. A copy of the said judgment is attached herewith. In its judgment dated 19.02.2013 in the said PIL, the Hon’ble Delhi High Court has held that in view of non-applicability of the RTE Act for the purpose of pre-primary classes admission, the Recognised Schools (Admission Procedure for Pre-Primary Class) Order, 2007, still holds the ground for admissions to general category seats in pre-primary/nursery classes in unaided recognized private schools and observed as under: “The Lieutenant Governor of Delhi in exercise of the powers conferred upon him by Section 3(1) of Delhi School Education Act and Rule 43 of Delhi School Education Rules, 1973 is competent to give such further directions or to make such modifications to the existing order as the Government may deem appropriate, to prevent any possible misuse or malpractice in making admission to pre-primary and pre-school classes by these private unaided schools. The petitioner may, if so advised, represent to the Lieutenant Governor, Delhi, to make such amendments to the aforesaid order, which, in their opinion, are required to be made, to rule out any possible misuse of the liberty given to the private unaided school, in the said order, in the matter of laying down the criterion for admission to pre-primary and prenursery classes” Further, the Hon’ble High Court has observed in Para 43 as under: “43. Though we have held that Right to Education Act is not applicable to nursery schools, in our opinion there cannot be any difference yardstick to be adopted for education to children up to the age of 14 years irrespective of the fact that it applies to only elementary education. It is the right time for the Government to consider the applicability of Right to Education Act to the nursery classes as well, as in many of the States admissions are made right from the nursery classes and the children so admitted are automatically allowed to continue from Class-I. In that sense, the provisions of Section 13 would be rendered meaningless insofar as it prohibits screening procedure at the time of selection. Importance of education is per se applicable to every child right from admission to nursery classes till it completes the eighth standard. It is common knowledge that though the there is obligation on the State to provide free and compulsory education to children and the corresponding responsibility of the institution to afford the same, educational institution cannot be allowed to run as „Teaching Shops‟ as the same would be detrimental to equal opportunity to children. This reality must not be ignored by the State while considering the observations made in this judgment. Hence, we only observe that to avail the benefit of the Right to Education Act to a child seeking for nursery school as well, necessary amendment should be considered by the State. We hope and trust that the Government may take the above observation in the right spirit and act accordingly.” As rightly observed by the Hon’ble High Court, in view of the fact that most of the private unaided schools start from pre-primary level, and admit most of the students at pre-primary level itself, from which they are promoted to elementary level, the norms governing pre-primary admissions need to be in conformity with the Right to Education Act, failing which, the entire purpose of some key provisions of the Act would be defeated. The private schools are at liberty to start the school from pre-primary level, but this liberty should not be allowed to be misused as a device to frustrate the purpose of the provisions of the Right to Education Act, 2009. The Recognised Schools (Admission Procedure for Pre-Primary Class) Order, 2007, in its present form, so far as it allows the schools to formulate their own criteria for selecting children, including sibling, transfer case, single-parent, minority etc. and further allows them to keep a management quota upto 20%, is arbitrary, non-child centric, unconstitutional and inconsistent with letter and spirit of the Right to Education Act, which, by virtue of Section 13 read with Section 2 (o), not only clearly prohibits adoption of any preferential criteria for discriminating amongst children seeking admission, but also makes it punishable. The said Sections are reproduced as under: “13.(1) No school or person shall, while admitting a child, collect any capitation fee and subject the child or his or her parents or guardian to any screening procedure. (2) any school or person, if in contravention of the provisions of sub-section (1), --- (a) receives capitation fee, shall be punishable with fine which may extend to ten times the capitation fee charged; (b) subjects a child to screening procedure, shall be punishable with fine which may extend to twenty-five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contravention.” “ 2. In this Act, unless the context otherwise requires,-- (o) screening procedure means the method of selection for admission of a child, in preference over another, other than a random method.” Thus, it is clear that under RTE Act, only random method is permissible to be adopted. Only draw-of-lots should be used as a means for children for admission. This method would not only ensure an equal opportunity to all the children, since they all have an equal right to education irrespective of their backgrounds, but also ensure transparency in the process if open draws-of-lots are conducted. The 2007 Order was passed prior to the enactment of the Right to Education Act, 2009, which became functional from 01.04.2010. Thus, after the commencement of the RTE Act, there is a pressing need for amending the 2007 Order to bring it in line with the RTE Act, in order to give meaning provisions contained in Section 13 of the Act, read with Section 2 (o) thereof. Moreover, the unguided powers given to the schools under the said Order are open to all sorts of misuse by private schools who are engaging in rampant commercialisation and adoption of non-transparent and irrational criteria in the name of Nursery admissions. You are therefore requested to forthwith make the necessary amends in the 2007 Order, so as to extend the protections contained in Section 13 read with Section 2 (o) to the children in the process of admissions to pre-primary/nursery classes in general category. Yours Sincerely Ashok Agarwal, Advocate Advisor, Social Jurist M-9868529459 25.02.2013

Sunday, February 24, 2013

Social Jurist writes to Delhi CM seeking uniform distance criteria of 0-3 kms instead of 0-1 km in EWS admissions in unaided schools


SOCIAL JURIST A Civil Rights Group To, Hon’ble Smt. Sheila Dikshit, Chief Minister Govt. of N.C.T of Delhi Secretariat I.P Estate, New Delhi-110002 22.02.2013 Subject:- Request for adopting uniform distance criteria i.e 0-3 kms, 3-6 kms. and beyond 6 kms for admission of EWS students in recognized private Schools under RTE Act 2009, as well as under public land allotment clause Respected Madam, Many poor parents have serious complaint that there is no unaided private school within one km of their residence and therefore, they are deprived of the benefit of EWS provisions of RTE Act, 2009. During academic years of 2012-2013 and 2013-2014, admissions in unaided non-minority private schools in terms of section 12 (1) (c) of Right of Children for Free and Compulsory Education Act, 2009 (RTE, Act) are based on a distance criteria i.e in the first round children residing within 1 km. are considered. In case, the seats remain unfilled in the first round, in the second round, children residing upto 3 kms are considered. In case, seats remain unfilled even after second round of admission, in the third round, the children residing upto 6 kms. are considered and in case, seats still remain unfilled even after third round, in the final round, the children residing beyond 6 kms. are considered. It is noted that by applying the aforementioned “ distance criteria” of admission of EWS students in 25% quota under RTE Act, 2009 in these past years, nearly all seats are filled up with the students residing within the distance of 1 km. of the respective unaided private school. It is of course, very exciting situation where children residing nearer to the school get admission in the school. However, there is other part of the story also which is not at all exciting and rather disappointing. It is noted that very large no of children particularly residing in various slums and re-settlement colonies of Delhi do not get any opportunity for consideration under 25 % quota as they are not residing within 1 km. of the unaided school but are residing beyond 1 km. but within 3 kms. of the school. It is also noted that there are no unaided private schools within one km of a large number of slums and resettlement colonies and for that reason; parents residing therein get no opportunity at all to avail the facility of EWS quota. Therefore, though the preference given to the children residing within 1 km. over those children residing beyond 1km. but within 3 kms. looks very ideal but in reality deprives a very large number of children who are equally poor and deserving, even from participating in the lottery system. There are other reasons also which have prompted us to write the present representation for reconsidering the present distance criteria for EWS admission in 25% quota under RTE Act, 2009. The admission in unaided recognized private schools (both unaided minority and unaided non-minority schools) on public land allotted to them on concessional rates are governed by a different distance criteria than that applied to admission in unaided non-minority schools in 25 % under RTE Act, 2009. The distance criteria applied in case of admission under EWS category/quota in unaided minority as well as non-minority schools situated on public lands is: 0- 3 kms. 3-6 kms. and beyond 6 kms. whereas in case of admissions in EWS quota under 25% under RTE Act is: 0-1 km., 1- 3 kms.,3- 6 kms. and beyond 6 kms. It is submitted that how for the same object and purpose, two different contradictory distance formulas can be applied? It is submitted that the distance formulas of 0-3 kms., 0-6 kms., beyond 6 kms is much more just, rational, child-friendly and Delhi-characteristic in comparison to distance formula of 0-1 km, 1-3 kms.,3-6 kms. and beyond 6 kms. It may also be noted that usually all these admissions are applied in Senior Secondary Schools (Nursery to Class XII). In terms of the National Policy on Education, Secondary Schools and Senior Secondary Schools are required to be within 3 and 5 kms respectively. It appears to be highly illogical and irrational to not to give opportunity to the children residing within 3/5 kms for the purpose of admissions in Secondary/Sr. Secondary Schools under EWS quota. When all seats are filled up by the children residing within one km, the other children not residing within one km but residing within 3/5kms feel cheated. It is, therefore, necessary that one km preferential criteria needs to be abolished and in the first round of admission itself, at least all children residing within 3 kms need to be considered for admission through draw of lots. It is therefore, requested that the distance formula i.e. 0-3 kms, 3-6 kms. and beyond 6 kms. must be applied uniformly to both kind of EWS admissions. We make it clear that our demand for change of distance criteria is in regard to academic year 2014-15 and onwards as the admissions process in regard to 2013-14 has already completed. We hope that the Government will give serious considerations to the present demand for the modification of existing distance criteria in regard to admissions in unaided non-minority schools under RTE Act, 2009, by adopting uniform distance criteria of 0-3km, 3-6 kms. and beyond 6 kms. as is presently applied in case of EWS admissions in both unaided minority as well as in non-minority schools situated on public lands (such schools are obliged to provide admission to EWS students and grant them free-ship in terms of land allotment conditions). With regards, Ashok Agarwal,, Advocate Advisor, Social Jurist M-9868529459, 011-23384000

Saturday, February 23, 2013

ROCKLAND HOSPITAL, DWARKA ALSO TO PROVIDE FREE TREATMENT TO EWS PATIENTS


Rockland Hospital, Dwarka has now been added to the list of identified private hospitals that are obliged to provide totally free-treatment to EWS patients to the extent of 10%IPD and 25% OPD. It is a 103 bedded hospital and therefore it is obliged to provide 10 free-beds to EWS patients. Today was the first visit of the High Court constituted Monitoring Committee. All the 10 free-beds were lying unoccupied. After adding Rockland Hospital, Dwarka, the number of identified private hospitals in Delhi has gone up to 47.

Friday, February 22, 2013

SUNDAY 24.02.2013 LAWYERS PLUS TEAM PROGRAMME


LAWYERS PLUS TEAM of Social Jurist led by Advocate Ashok Agarwal will visit slums (Jhuggies) at Inderpuri, near Naraina, Delhi on Sunday February 24, 2013 from 8.30 am to 10.30 am to interact with the inhabitants (door to door) thereof on right to health, right to education and right to work. Those interested to join may please reach Krishi Kunj Bus Stop (bus routes 78, 76, 725), near Pusa Gate by 8.30 am sharp. Contact persons Raju Lal Paharia M-9899678346, Adv Ashok Agarwal M-9868529459. Ashok Agarwal, Advocate M-09868529459 22.02.2013

Sunday, February 17, 2013

PUBLIC NOTICE - CHANGE OF MOBILE PHONE NO.


Since my Mobile phone with 9811101923 number is presently in police custody (hope to get back by February 2013 end), any person wishes to talk to me may contact me on another mobile phone number 9868529459 or High Court Office Landline 011-23384000 ashok agarwal, advocate 17.02.2013

Saturday, February 16, 2013

PARENTS MOVING DELHI HC AGAINST REVISED LIST OF JAN 2013 OF SELECTED STUDENTS OF NCERT NATIONAL TALENT SEARCH EXAMINATION (NTSE), 2012


Some of the aggrieved parents through Advocate Ashok Agarwal are shortly moving a petition in Delhi High Court against the revised list of selected candidates published in January, 2013 of National Talent Search Examination, 2012 of National Council of Educational Research & Training whereby the NCERT has illegally and arbitrarily revised the final list of the selected candidates of National Talent Search Examination, 2012 published on 16.08.2012 excluding the names of the as many as 40 students from the list of the selected candidates and thereby depriving them of qualifying certificates and scholarships @ Rs.500/- per month. It is submitted that the action on the part of the NCERT in revising the list of 16.8.2012 is totally arbitrary, unjust, anti-child, unreasonable, unfair, violative of the principles of the natural justice, violative of Articles 14 & 21 of the Constitution of India. It is also submitted that the action on the part of the NCERT has caused mental agony, trauma and harassment to the students that were authentically and consciously declared successful in the National Talent Search Examination (NTSE), 2012 as back as on 16.08.2012. The petition would raise the following substantial questions of law of public as well as of private importance for determination by the Delhi High Court: (i) Whether NCERT was at all justified in revising its list of selected candidates in National Talent Search Examination, 2012 published as back as on 16.08.2012 and that too after 6 months thereof (January, 2013) thereby excluding the names of as many as 40 students from the list of the selected candidates and depriving them of the qualifying certificates and scholarships to which they are legally entitled to? (ii) Whether by virtue of the final list of the selected candidates published on 16.08.2012, the 40 aggrieved students have acquired a vested right in their favour to receive qualifying certificates and scholarships that cannot be legally taken away by the NCERT in the manner it has been done in the present case? (iii) Whether the action of NCERT violates the fundamental rights of the aggrieved students as guaranteed to them under Articles 14 & 21 of the Constitution of India? Ashok Agarwal, Advocate M-09868529459 17.02.2013

2nd Interim Report on Fee Hike before March 10, 2013


Justice Anil Dev Singh Committee on Fee Hike in Private Schools has on 15.02.2013 informed a Division Bench of Delhi High Court headed by Justice B.D. Ahmed that it will be filing 2nd Interim Report dealing with another over 350 unaided private schools regarding fee hike before March 10, 2013. Advocate Ashok Agarwal appearing for the parents told the Court that the parents are unhappy as they are not getting any results in the present proceedings. "Despite Committee filing its earlier 1st Interim Report long back, schools indicted by the Committee have not so far refunded the excess fees charged from parents ,” submitted Mr. Agarwal. The next date of hearing is fixed for 15.03.2013. Ashok Agarwal, Advocate M-09868529459 16.02.2013

Friday, February 1, 2013

Sunday Feb 03, 2013 Lawyers Plus Team Programme

Sunday Feb 03, 2013 Programme - Lawyers Plus Team led by Advocate Ashok Agarwal will visit Slums near Kirbi Place, Delhi cant on Sunday 03.02.2013 from 9.00 am to 11.00 am to interact with the inhabitants thereof (door to door) on right to health and right to education. Thereafter from 11.00 am to 1.00 pm students from the Government and MCD schools will meet to discuss right to education and will also write RTE PIL Postcards to Delhi High Court Chief Justice. Those interested to join us may reach Kirbi Place Bus Stop (near Sadar Bazar, Delhi Cant) at 9.00 am sharp. Contact person Ms. Kasturi Mob- 9650931879.