Saturday, June 29, 2013


Parents and students of Geeta Ashram Vidya Mandir through Advocate Ashok Agarwal are shortly moving a petition in Hon'ble Delhi High Court seeking direction against the Director of Education, Government of NCT of Delhi to forthwith withdraw its order of de-recognition of the school resulting in mid-session closure of the school affecting 420 students. DOE offer of admission of the students in Government School is unacceptable by the parents and the students.


Can you expect quality education from the so called qualified teachers who have obtained all degrees/diplomas without actually attending the courses? Once out of curiosity, I asked one of my diploma holder clients as to where is the Bhoj University from where you have done special education course. The answer was "I don't know".

Constitution right to free and quality education to every child is more a dead letter.

Each facility matters in a school. Children strength will increase with the increase of facilities in the school. Top of all, if good quality education is taking place in the school, children will stay in school despite lack of facilities. Unfortunately, in Government-run schools, neither facilities are available nor quality education is taking place. That is a main reason for high dropout rates and increase in number of child labor. This is also a reason that forces parents to prefer unaided private schools and subject themselves to exploitation at the hands of such private schools. The Constitution right to free and quality education to every child is more a dead letter.

Constitutional right to a dignified life has no meaning for millions of people

Poor father had only 20 rupees with him when he was supposed to take this morning his 17 years old ailing daughter to Maharaja Agarsen Hospital, Punjabi Bagh from his residence at Pandev Nagar, East-Delhi (one side auto fare is R.170/-). A social worker came to their aid. This patient is being treated free in the Hospital under ews category. What has been seen in many cases is that even when the medical treatment is free, poor patients don’t have money for conveyance to go to the hospital and back to home. Constitutional right to a dignified life has no meaning for millions of people of our country.

Wednesday, June 26, 2013


Yesterday, a poor pregnant woman patient Komal was referred by Government-run Harish Chandra Hospital at Nerala to Sri Balaji Action Institute, Paschim Vihar without confirming about the availability of EWS Bed in the Hospital. The patient went to Sri Balaji Action Institute where she was advised to go to some other Hospital alleging that EWS Bed was not available in the Hospital. The mother of the patient contacted me. As she told me that the patient is critical, I advised her to take the patient to Government-run B.R.Ambedkar Hospital, Rohini. She took the patient to BRA Hospital. After about two hours, she was advised to take to some other hospital as no bed was available in the Hospital. It was really very disappointing state of affairs. Mother of the patient again contacted me and told me that the patient getting serious and none of the Hospitals are taking care of her. At this point of time, I contacted the Medical Superintendent of Bhagwati Hospital at Sector 13, Rohini and asked him, if he could admit patient Komal having 5 moths pregnancy. The M.S. of the Bhagwati Hospital promptly agreed to admit the patient in the Hospital. Now Komal is undergoing medical treatment in the Bhagwati Hospital under EWS category and her relatives are happy.

Monday, June 24, 2013


The Admission Criteria (2013-14) for grant of different streams to the students in Class XI in Government Schools as formulated by the Delhi Government is not only arbitrary and discriminatory but also motivated and malafide. It has resulted in depriving large number of talented students of commerce/science streams. The Delhi Government's clear intention is to provide only art stream in its own run schools forcing students interested in commerce/science stream to go to private unaided schools. In other words, down grading its own schools and promoting unaided private schools. The economically weaker students have to content themselves with the Art Stream as they cannot afford fee in unaided private schools. The Admission Criteria has been deliberately designed so to benefit the managements of the unaided private schools at the cost of the careers of the thousands of the economically weaker but talented students. The affected students must raise their voice to oppose this arbitrary and anti-students decision of the Delhi Government by way of organizing DHARNA in front of the residence of Prof. Kiran Walia, Delhi Education Minister. Aam Aadmi Party should also take up this issue on behalf of the Aam Students.

Sunday, June 23, 2013


Yesterday, 12 years old very poor patient Radha suffering from Brain Tumour was brought to AIIMS, New Delhi on being referred by a Government Hospital at Aligarh (U.P.) for treatment by NGO worker Birender Singh accompanied by the patient’s father. AIIMS after subjecting the patient to some tests and finding that the patient is very critical advised for admission. However, on the ground of non-availability of bed, admission of the patient was denied and the patient was referred to RML Hospital. RML Hospital referred the patient to LNJP Hospital on the ground of non-availability the facility needed for the treatment. LNJP though kept the patient in its emergency ward but by the night, they told the patient’s attendant that they too do not have the required facility for the treatment and are referring the patient back to AIIMS. When told that bed is not available in AIIMS, the LNJP Hospital told the patient’s attendant to take the patient anywhere else. At request, the patient was allowed to stay in emergency ward in the night of 22-23/06/2013. NGO worker was in my contact since last morning when the patient was brought to AIIMS. I called him to my house today at 7.00 am and in his presence, talked to Dr. D.P.Saraswat, CEO, Sri Action Balaji Institute at Pachim Vihar seeking his help. He very kindly asked me to send the NGO worker with the medical document of the patient to the Hospital. Accordingly, the NGO worker went to the Hospital and the Doctors examined the documents. Thereafter, I got a call from Dr. Saraswat who told me that the hospital does not have the facility to treat the patient and such facility is available only either at AIIMS or Apollo Hospital. Dr.Saraswat also told me that the chances of survival of the patient are very low but if treatment is not given immediately, the patient would certainly die. I was very much upset because at AIIMS, bed is not available and so far Apollo Hospital is concerned, though free beds are available but Hospital charges for medicines and consumables, which is impossible to be afforded by the patient’s father who is a daily rated Beldar. Interestingly, the NGO who persuaded the patient’s father to take her to Delhi for treatment, after the patient’s father left all hopes and prepared himself to see the demise of her daughter, agreed to bear the expensed towards medicines and consumables at Apollo Hospital. In these circumstances, the patient was got referred by LNJP Hospital for Apollo Hospital under EWS category. The patient was brought to Apollo Hospital in emergency ward; the doctors examined her and advised for admission in ICU. However, the patient’s attendant was told to take the patient to some other hospital as ICU was not available. The entire exercise and the hope once again came to halt. Dr.Saraswat words were taking rounds in my mind and I was worried that the poor patient would die for want of treatment. I tried to contact DR. R.N.Dass of Delhi Health Services but he was not picking up my call. A vague idea stuck to me that I should take a chance to seek help from Mr. Lalit Bhasin, Lawyer for the Apollo Hospital. I rang him up and also sent a SMS. After half-an-hour, I got a call from Mr. Bhasin and after I explained him the position, he assured me all the help. Within minutes thereof, I was informed by Mr. Dharamveer, another worker of the NGO available at Apollo Hospital that Doctors at emergency ward have got a message from Hospital’s Director Dr. Annupam Sibal that the Hospital would arrange all facilities for the patient. Radha, who was by then almost lying unattended at the emergency ward, suddenly being taken all rounds care of by the Hospital. She has now been admitted in ICU and is being provided all care and facilities by the Apollo Hospital. Thanks to Advocate Lalit Bhasin.

Friday, June 21, 2013


Uttrakhand which is believed as land of Gods has now turned into as land of biggest human Tragedy.


Lawyers Plus Team of Social Jurist led by Advocate Ashok Agarwal (M-09811101923) will visit Slums near Hyderpur Treatment Plant, Badli, Delhi on Sunday 23 June 2013 from 8.00 am to 10.00 am to interact with the Slum Dwellers (door to door) on right to education, right to health and labour rights. Those interested to join us may reach Bus Stop of Hyderpur Plant (nearest Metro Station Pitampura) by 8.00 am sharp. Contact person Mr. Ved Prakash Mob. 9268258830

Tuesday, June 18, 2013


I have learned that the most difficult and important fight in my life is to fight with myself.


Andhra Pradesh Government has decided to appoint a cabinet sub-committee to regulate fee in unaided private schools. It is a welcome step. However, at the same time, Andhra Pradesh Government should pass a resolution in its Assembly asking the Central government to enact a Central Legislation regulating fee in the unaided private schools in the entire country. The law should also have provision for representation of at least 50% parents in the managing committee of an unaided private school. It is a need of the hour. Unaided private schools are exploiting not only the parents/students but also government and its own employees.

Monday, June 17, 2013


Section 357-C of Code of Criminal Procedure, 1973 mandates all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, to immediately, provide the first-aid or medical treatment, free of cost to the victims of any offence under Section 326-A (voluntarily causing grievous hurt by use of acid, etc.), 376 (rape), 376-A (person committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state), 376-B (sexual intercourse by husband upon his wife during separation), 376-C (sexual intercourse by a person in authority), 376-D (gang rape) or Section 376-E (repeat offenders) of Penal Code and also to immediately inform the police of such incident. Section 166-B of the Penal Code, 1860 provides punishment for non-treatment of victim. It provides that whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any person, contravenes the provision of Section 357-C of the Code of Criminal Procedure, 1973, shall be punished with imprisonment for a term which may extend to one year or with fine or with both. The contravention of Section 166-B of the Penal Code is non-cognizable and bailable offence and is triable by the magistrate of the first class.

Wednesday, June 12, 2013


“Telegram” or “Phonogram” may not be very popular now-a-days but it does not mean that it has lost its relevancy and should be wired to history. In many cases, I have been using “Phonogram” mode to put my client’s grievance on record. In almost all cases where CBSE Class X and Class XII failed students are denied re-admission by their respective schools (private or government), I used to send emergency message to the school and the authority through “Phonogram” (By using my MTNL Landline Telephone). In many such cases, I received response from the school principal just after 3 or 4 hours of sending Phonogram that the school is willing to re-admit the student. I am really unhappy with the decision of Bharat Sanchar Nigam to discontinue “Telegram” services from July 15, 2013. The authorities should have taken views from AAM AADMI before taking such a decision. Such a decision on the part of the authorities, in my opinion, is not in public interest.


Some people ask me to file PIL, some other ask me to file PLI and yet some other ask me to file IPL – I very well know that they are talking about Public Interest Litigation – It is really very interesting that many people have of course somewhat vague idea of Public Interest Litigation to redress their day to day problems – In fact, there is a real need to spread right kind of knowledge about the Public Interest Litigation amongst the masses.

Tuesday, June 11, 2013


A 30 years old female EWS patient Mamta r/o New Seelampur Jhuggi came to my office at Tis Hazari Courts with acute body pain in the morning of Saturday 08 June 2013 for help. Initially, I thought to get her admitted in Max Hospital, Patparganj, East Delhi but as I was going for inspection of Shanti Mukand Hospital, Vikas Marg Extension, East Delhi I took Mamta and her mother with me to Shanti Mukand Hospital and got Mamta admitted in the Hospital. On next day, Sunday, 09 June 2013, Mamta's poor mother called me through some body's else mobile phone and informed me that the Doctor has asked her to purchase some injections from the chemist shop and she has no money at all. I immediately talked to the Hospital's Doctor & Nurse and reminded them that Mamta is an EWS patient and the Hospital is obliged to provide every medicine free of cost to her. The Doctor & Nurse told me that as it was Sunday, Medical Superintendent was not there to sign the slip for free medicine and therefore, the patient has to purchase the medicine. Shockingly, despite prescription, Manta was not given the required medicines/injections on Sunday. In this backdrop, I was very much upset and even could not sleep well. Next day, Monday 10 June 2013, I reached Shanti Mukand Hospital at about 10.00 am to got Manta discharged from the Hospital and took her to Max Hospital, Patparganj. Doctors at Max Hospital immediately admitted her in Emergency and by the evening, she was shifted to the Ward where she is still undergoing medical treatment. I am really grateful to the Max Hospital and particularly to Mr. Krishanan, EWS Nodal Officer for their prompt response to my call.


Yesterday, I got a telephone call from the HRD Ministry, Government of India and was informed that the Ministry is examining my representation whereby I had requested the Union HRD Minister to enact a central legislation regulating fee in unaided private schools all over the country which should also contain a provision for inducting at least 50% parents' representative on the Managing Committee of the school. It was pointed out in the representation that unless adequate number of parents is not given place in the Managing Committee of an unaided private school, commercialization of education in these private schools cannot be checked. The attention of the Hon'ble Minister was also drawn to the observations of the Hon'ble Delhi High Court made in the judgment dated 12.08.2011 in W.P.(C) 7777/2009 to the effect that the Central Government should frame National Policy on Fee.

Friday, June 7, 2013

Having lost his four children to Gaucher’s disease in last 8 years, Sirajuddin battles to save his last surviving child

Mohd. Sirajuddin, 40, (9873536390) is a rickshaw puller living in Brahmapuri colony of Delhi (India) with his wife Anwari Begum, 35. However, in the last decade, he has spent most of his time battling to save his children from the hands of the deadly Guacher’s disease type-I, a rare genetic disorder characterized by high fever and bleeding. He has approached Advocate Ashok Agarwal of Social Jurist, member of the Delhi High Court-appointed monitoring committee on free treatment to EWS patients in private hospitals today. Seeing the urgency of the matter, Mr. Agarwal has suggested him to approach the Delhi government for any possible assistance before approaching the Hon’ble Delhi High Court. His family history is short and consistent. In 2005, he lost his 3-year old daughter, Gulnaaz, who had been admitted to Irwin Hospital. Only two years later, in 2007, Ghulam Mustafa, his 2 years and 9 months old son, died in Safdarjung Hospital. Roshan, his three year old daughter, was the third one to go, in 2009. She died at Kalawati Hosptial. Tamanna, his 11 months old infant-daughter, was the last, who died on May 4, 2012. Ironically, all the children were under treatment in government hospitals and these government hospitals were witness or rather mute spectators to the unfortunate deaths which resulted mainly from want of appropriate treatment, despite the patients being admitted to a government hospital, simply because Sirajuddin was not rich enough to bear the expenses. Mohd. Ahmed, his only surviving child, is 7 years old and presently undergoing treatment at AIIMS, New Delhi. He is in a highly critical state and weighs only 13 kgs. The department of Pediatrics, AIIMS, has estimated the cost of his treatment, Enzyme replacement therapy, at Rs. 4, 80, 000 (Four Lacs Eightly thousand rupees) per month. There is no provision for free treatment in normal course in AIIMS for this disease. Mohd. Sirajuddin has been running from pillar to post to save his last surviving child, Mohd. Ahmed. He has already been medically contra-advised against procreating more children in view of his genetic traits and those of his wife. This child is his last hope. He approached the Member of Parliament Shri Mahabal Mishra who was kind enough to forward his request on 31.05.2013 to the Prime Minister Relief Fund for aid in treatment. He has approached the Prime Minister’s Office twice ever since but has been turned away each time with a statement that he shall be informed via post in case his request is granted. With a large number of requests pending in bulky files, it may be just another case for them. For Sirajuddin, it is a do-or-die situation. Sirajuddin has approached the Directorate of Health Services, Government of Delhi, for assistance under Delhi Arogya Kosh scheme which provides financial assistance upto 5 lacs to EWS patients suffering from deadly diseases, subject to proper application and completion of documentary formalities, such as income certificate and proof of residence for last three years. He is hopeful of getting assistance from the same. However, one wonders how many people like Sirajuddin are capable of approaching the Delhi Government and furnishing all these documents? Does this scheme promise to cover all such EWS patients by providing them timely assistance to save their lives? And what about expenses beyond Rs. 5 lacs? Is it presumed that beyond that amount, the patient automatically becomes capable of bearing the expenses? In the present case, a 5 Lac-rupee assistance can only afford a one-month treatment to Sirajuddin’s child. What after that? Ashok Agarwal, Advocate M:- 9811101923 06.06.2013