Friday, February 28, 2014

DEO order dated 27.02.2014 on nursery admissions suffers from serious flaws - AIPA writes to Lt. Governor

ALL INDIA PARENTS ASSOCIATION (AIPA)
Agarwal Bhawan G.T. Road, Tis Hazari, Delhi - 110054

To,

The Lt. Governor of Delhi
Raj Niwas, Delhi-110054
28.02.2014

Sub: DEO order dated 27.02.2014 on nursery admissions suffers from serious flaws – needs immediate rectification

Sir,

We are happy and welcome your decision to scrap 5 points for transfer cases in the matter of admission of children in nursery classes in unaided recognised private schools in Delhi. In fact, you should have similarly scrapped 20 points for sibling and 5 points for alumni or at least cap should have been put on them as was suggested by the Ganguly Committee in its IInd Report to the Delhi High Court in the year 2007. The cap was suggested by the Ganguly Committee keeping in mind the experience gained in the earlier year of 2006 that most of the seats in a school were taken away by the siblings and alumni. I, in fact had suggested to you this when you were reviewing the notification of 18.12.2013 but no attention was given.

The present representation is being made to draw your attention to the fact that DEO order dated 27.02.2014 on the face of it suffers from serious flaws that need to be addressed at your end. Para 3 of the said order reads as:

“3. If the school has conducted draw of lots for those applicants securing 70 points, that draw shall remain valid for the selected/confirmed candidates only. Fresh draw of lots shall be held for remaining applicants having 70 points, including wait listed applicants and those applicants, who were earlier securing 75 points because of ‘Inter State Transfer Case’ category.”

It is submitted that the above said procedure would do great harm and injustice to the candidates who have earlier secured 75 points because of ‘Inter State Transfer Case’ and are now not being treated even as securing 70 points or equal to those who had secured 70 points. This class of the candidates are at least entitled to be considered equal to those who have secured 70 points and the school has conducted draw of lot for the same and has drawn up the list of selected candidates. Unfortunately, DEO order has now unjustly pushed them down even below the candidates securing 70 points who have already gone for draw of lot. In my humble submission, this is impermissible in law.

It is submitted that the entire list of candidates securing 70 points including those who had earlier secured 75 points because of ‘Inter State Transfer Case’ is required to be redrawn and fresh draw of lots must take place of all of them at one time. There is no point differentiating them in any manner. In other words, the candidates who earlier secured 75 points because of ‘Inter State Transfer Case’ cannot be put to disadvantage merely because a school has already held a draw of lots in regard to the candidates who had secured 70 points. It is bound to creep into great injustice to an innocent section of candidates.

It is, therefore, requested to kindly look into this matter on urgent basis and do necessary rectifications in the DEO order dated 27.02.2014.

With regards,

Ashok Agarwal, Advocate
National President, AIPA
M-09811101923



27/02/2014-Adv Ashok Agarwal with Coolies-Debating Demands

22/02/2014 - Adv Ashok Agarwal with parents at Jantar Mantar against tra...

Human Rights Debated - Adv Ashok Agarwal with Myanmar Refugees at New De...

हम भी कुछ सिख ले इससे - कैंसर है जानलेवा बीमारी राम प्रकाश जिनकी उम्र 59 साल है l ये तम्बाकू खाते थें और बीड़ी पीते थें l जिसका असर आपके सामने है, उनको जीभ में कैंसर हो गया है l ये अब बोल भी नहीं सकते ना ही कुछ खा सकते है l सिर्फ तरल पर्दार्थ ले सकते है, ये मैनपुरी, यूपी के रहने वाले है, और वह खेती में मजदूरी करते है और मुस्किल से रोज़ का 100 रुपये रोज़ कमा पाते है l ये BPL, गरीबी रेखा वाले कार्ड से भी निचे वाले AAY कार्ड धारक हैl ये आज सुबह अपने इलाज़ की आशा लिए हुए अधिवक्ता अशोक अग्रवाल के पास आये l अधिवक्ता अशोक अग्रवाल ने इन्हें EWS के तहत फ्री इलाज़ के लिए धर्मशिला हॉस्पिटल भेजा l





Thursday, February 27, 2014

JOIN US FOR CHANGE-



Lawyers plus Team of Social Jurist led by Advocate Ashok Agarwal will visit Khirchi Pur Slum on Sunday 02 March 2014 from 8.00 am to 10.00 am to interact with the inhabitants (door to door) thereof on right to education, right to health and labour rights etc. Those interested to join us may please reach Lal Bahadur Shastri Hospital, Khirchi pur at 8.00 am sharp. Contact Person- Mrs. Sunita Chauhan - 09718579728

SOCIAL JURIST MOVES SUPREME COURT AGAINST HIGH COURT ORDER PERMITTING KVS TO CHARGE FEES FROM STUDENTS

Thursday 27/02/2014: Social Jurist, A civil rights group has today moved Supreme Court against order of Delhi High Court permitting Kendriya Vidyalayas to charge fees under various heads, like tuition fees, vidyalaya vikas nidhi, computer fund, etc., from the students studying in classes 1 to 8.

The petitioner through Advocate Ashok Agarwal has raised a constitutional issue as to “whether after 1/4/2010 i.e. date when article 21-A of the Constitution of India and the provisions of Right of Children to Free and Compulsory Education Act, 2009 came in to force, the KVS are disentitled to levy any kind of fees on the students of classes 1 to 8 studying in various kendriya vidyalayas (central schools)?”

A Division Bench of Delhi High Court in its order of 13/12/2013 in a PIL filed by the petitioner held that the action of the KVS in charging fees under various heads from the students studying in Kendriya Vidyalays in classes 1 to 8 is not in violation of 21-A of the Constitution of India as well as of the provisions of Right of Children to Free and Compulsory Education Act, 2009.

The High Court held,” In our opinion, Kendriya Vidyalaya Sangathan schools are governed by Section 12 (1) (c) of RTE Act which only mandates that a school specified in sub-clause (iii) of clause (n) of Section 2 must admit twenty five per cent of its strength in class one from children belonging to weaker section and disadvantaged group in the neighborhood and must provide them free and compulsory education. RTE Act does not mandate that no fee shall be charged from remaining seventy five percent of its student.”

The petitioner in the SLP has argued, “That in view of Article 21-A of the Constitution of India and in view of Preamble, as well as Section 3, of the Right of Children to Free and Compulsory Education Act, 2009, it is impermissible in law for the Respondents to levy any kind of fee on the students studying in Class 1 to Class 8. In other words, the action of charging any kind of fees from the students of Classes 1 to 8 by Kendriya Vidyalayas run by Kendriya Vidyalaya Sanghathan, is not only unconstitutional but also illegal and arbitrary.”

The SLP is likely to be heard in the next week.

Ashok Agarwal, Advocate
M.9811101923
27.02.2014

27/02/2014-Adv Ashok Agarwal with Coolies-Debating Demands




Friday, February 7, 2014


JOIN US FOR CHANGE

Lawyers plus Team of Social Jurist led by Advocate Ashok Agarwal will visit Sangam Vihar Slums on Sunday 09 February 2014 from 8.00 am to 10.00 am to interact with the inhabitants (door to door) thereof on right to education, right to health and labour rights etc. Those interested to join us may please reach Saket Metro Station, Gate No. 2 at 8.00 am sharp. Contact Person- 
Gaurav Agarwalla M.09654476355 (Esteem Youth Foundation)

Ashok Agarwal, Advocate
M.9811101923

https://www.facebook.com/events/576315892449471/?ref_dashboard_filter=upcoming

Max Hospital, Saket denies free treatment to Myanmar Refugee (EWS Critical Heart Patient) - Social Jurist writes to Delhi CM

To,

Shri Arvind Kejriwal
Chief Minister
Government of NCT of Delhi
IP Estate
New Delhi-110002

07.02.2014

Sub: Myanmar refugee ( EWS Critical Heart Patient) Denied free treatment by Max Devki Devi Heart & Vascular Institute, Saket

Dear Shri Arvind Kejriwal ji,

I would like to bring to your notice a shocking incident of denial of free treatment by Max Devki Devi Heart & Vascular Institute, Saket, New Delhi (in short Max Hospital, Saket ) to Mr. Thi Poeng, an EWS critical heart patient on the ground that he is a Myanmar refugee. Such a conduct on the part of the hospital is not only unethical and illegal but also in violation of orders passed by Hon’ble Delhi High Court and Hon’ble Supreme Court in Social Jurist PIL whereby this and the other similar hospitals are obliged to provide free treatment to EWS Patients to the extent of 10% I.P.D and 25% O.P.D .

Mr. Thi Poeng, a resident of Plot No. 37, Sitapuri, New Delhi-110045 (Mobile No. 9650473224 ) is recognized as refugee under the Mandate of the United Nations High Commissioner for Refugees (UNHCR) and is holding Refugee ID Card No. 513-09C00498 since 2008. His Family income is only Rs.2000 per month which he gets from UNHCR as a subsistence allowance on account of being an extremely vulnerable refugee family. The eligibility income limit for an EWS patient for receiving free treatment under EWS category from any identified hospital like Max Hospital, Saket is Rs. 8086 per month. Therefore, Mr. Thi Poeng is eligible for free treatment under EWS category from the said hospital.

Mr. Thi Poeng complaining heart ailment contacted the undersigned on 05-02-2014 and requested for helping him in getting free treatment from Max Hospital. The undersigned accordingly verified and recommended his case for free treatment to Max Hospital, Saket . Mr. Thi Poeng along with one Mr. Mang Kung approached Max Hospital, Saket same day. The hospital instead of providing free treatment denied him medical treatment saying that he is a foreign refugee. Thereafter, the undersigned talked to Mr. Mahesh, EWS Nodal Officer of the Max Hospital,Saket and requested him to provide Mr. Thi Poeng free treatment under EWS category. Mr. Mahesh told me that he would talk to the hospital management and revert back to me with response. I did not receive any call from Mr. Mahesh. However, I was informed by Mr. Thi Poeng that the hospital has asked him recommendation letter/Income Certificate from UNHCR office. Despite the fact that such a demand was unnecessary and illegal on the part of the hospital, Mr. Thi Poeng approached the office of UNHCR on 06-02-2014 and after great efforts was able to get a family income certificate which indicates that his family income is Rs. 2000 per month. After obtaining such certificate Mr. Thi Poeng again approached Max Hospital, Saket and requested for providing free treatment. The hospital even after taking the original copy of income certificate from Mr. Thi Peong, flatly refused to provide him free treatment. At this stage, the undersigned called Mr. Mahesh, EWS Nodal Officer on telephone and enquired as to why Mr. Thi Poeng was not been given free treatment under EWS category even after production of Income Certificate. Mr. Mahesh, EWS Nodal Officer, told me that hospital has decided not to provide free treatment to Mr. Thi Poeng as he is a foreigner refugee on Indian land . Thereafter, Mr. Thi Poeng came to my office and submitted a written complaint. The copies of the complaint dated 06-02-2014, Income Certificate from UNHCR dated 06-02-2014 and Refugee ID issued by UNHCR are enclosed hereto your ready reference.

It is submitted that Max Hospital, Saket is totally unjustified in refusing free treatment to Mr. Thi Poeng under EWS category. I understand that the case of Mr. Thi Poeng who is not only a refugee but also belongs to an extremely vulnerable family deserves to be treated from human point of view also. I also understand that our Nation has an obligation to look after the interest of refugees like Mr. Thi Poeng and cannot be ignored at all.

You are therefore requested to intervene in this matter on an urgent basis and direct Max Devki Devi Heart and Vascular Institute, Saket, New Delhi to immediately provide free treatment to Mr. Thi Poeng under EWS category.

With regards,

Ashok Agarwal, Advocate
Advisor,Social Jurist
M - 9811101923








Thursday, February 6, 2014

ज़रीना बेगम, जिनकी उम्र 45 साल है, वो रामपुर, यूपी कि रहने वाली हैl वो कई बीमारियो से काफी समय से परेशांन हैl उन्होंने एक मैगेज़ीन मे अधिवक्ता अशोक अग्रवाल के बारे मे पढ़ा और आज सुबह वो अधिवक्ता अशोक अग्रवाल के ऑफिस पहुचे, फिर अधिवक्ता अशोक अग्रवाल ने उन्हें फोर्टिस हॉस्पिटल, वसंत कुञ्ज EWS के तहत फ्री इलाज़ के लिए भेजाl बातचीत के दौरान पता लगा कि ज़रीना बेगम के 4 बच्चे है और वो स्कूल नहीं जाते, ये बात सुन के अधिवक्ता अशोक अग्रवाल ने बहुत नाराज़गी जतायी और उनसे कहा कि जब आप अगली बार आयेँगे तो आप बच्चो का दाखिला स्कूल मे करा के आयेंगेl



Wednesday, February 5, 2014

उज्जल पाल जो सिलिगुरी (वेस्ट बंगाल) मे रहते है, वहा ये चर्च वर्कर है और महीने का 3000 से 4000 रुपये कमा पाते है l वो अपने 1 साल के बच्चे केलिब पाल कि दिल कि बीमारी से काफी परेशान थे l इन्होने केलिब को सिलिगुरी मेडिकल कॉलेज मे दिखाया पर वहा उसका इलाज़ ना हो सका, फिर बंगलौर साई हॉस्पिटल मे उन्होंने पता किया वह भी उन्हें निरासा मिली , आखिर मे वो रविंदर नाथ टैगोर हॉस्पिटल (कलकत्ता ) पहुचे, वहा उनका इलाज़ हो सकता था, पर उन्होंने खर्चा बताया 6 से 7 लाख रुपये, पर उनके पास तो कुछ भी नहीं था, फिर उन्हें कही से जानकारी मिली तो वो अधिवक्ता अशोक अग्रवाल के पास उनके ऑफिस पहुँचे, अधिवक्ता अशोक अग्रवाल ने उन्हें EWS के तहत फ्री इलाज़ के लिए फोर्टिस एस्कॉर्ट्स हार्ट इंस्टिट्यूट भेजा, बच्चे का वहा पूरा इलाज़ फ्री हुआ, ऑपरेशन के बाद केलिब पूरी तरह स्वस्थ है, आज सुबह उसके माता पिता, केलिब और उनके चर्च के कुछ कार्यकर्ता के साथ अधिवक्ता अशोक अग्रवाल के ऑफिस उनका धन्यवाद देने आये