Wednesday, August 27, 2014

SUSPECTED CASE OF DELIBERATE NEGLECT AND STARVATION OF GIRL - Advocate seeks intervention of NHRC and Delhi Police

The Hindu, 27 Aug 2014, Page-5

http://www.thehindu.com/news/cities/Delhi/suspected-case-of-deliberate-neglect-and-starvation-of-girl/article6355601.ece?homepage=true — with Dharmveer Kumar and Surendra Chaurasia. 


PHYSICALLY DISABLED MUSLIM GIRL REFUSED ADMISSION BY DELHI GOVERNMENT SCHOOL - AIPA WRITES TO DELHI LT. GOVERNOR

To

The Lieutenant Governor
Government of NCT of Delhi
Raj Niwas, Raj Niwas Marg
Civil Lines, Delhi-54

27.08.2014

Subject: Physically disabled Muslim girl refused admission by Delhi Government School

Sir

A Muslim girl, named Nazrana, D/o Sh. Zakir, (M: 9899902301), R/o C-101, Gali No.16, Shri Ram Colony, Rajiv Nagar, Delhi-94, who is physically disabled by one leg, has personally approached me along with her father with a grievance that she has been refused admission to Class IX by the Rajkiya Sarvodaya Kanya Vidyalaya, Khajuri Khaas, Delhi-94. The girl has passed Class VIII from Poorv Madhyamik Vidyalaya, Hakikatpur, Khudabas, Loni, U.P. in 2014 and possesses a valid transfer-certificate duly counter-signed by the Education officer. She has approached the school on several occasions but they have been refusing admission on one ground or the other. A copy of a letter written by the girl’s father to me, along with relevant documents, in enclosed hereto for your reference.

It is submitted that the girl’s family has recently shifted to Delhi and neither were they aware of the admission-tests conducted by the Directorate of Education, nor did the school guide them properly. It is further submitted that the girl having passed Class VIII as a matter of right under the RTE Act, 2009 and possessing a valid transfer certificate is entitled to automatic admission to Class IX and does not need to qualify any admission test for that purpose.

I believe that the State is conscious of the fact that the minorities face certain disadvantages in our society, which pose a hurdle in their education. The Sachar Committee report has also noted the low educational levels of the Muslim community. Moreover, the girls belonging to this minority are placed at an added disadvantage and where a girl-child is also physically handicapped, the hardships are multiplied manifolds. It should also be noted that majority of students who seek admission to government schools, as in the present case, belong to the lower economic strata of the society. Thus this girl-child is trying to overcome a multitude of hurdles in the path of her education, but the response from the Government school is far from being positive or receptive. Being denied admission to the school would most likely result in the child being forced out of the mainstream of education, as she has no other alternative. Such conduct on the part of this Delhi Government school is thus encouraging drop-outs instead of encouraging enrolments.

In these circumstances, you are requested to do the intervene and ensure that the child is admitted to Class IX in the current academic year in Rajkiya Sarvodaya Kanya Vidyalaya, Khajuri Khas, Delhi-94 or any other near-by Delhi Government School at the earliest, to prevent further loss of studies to her.

With regards


Ashok Agarwal, Advocate
National President, AIPA
M: 9811101923






Tuesday, August 26, 2014

SUSPECTED CASE OF DELIBERATE NEGLECT AND STARVATION OF A ONE-YEAR OLD GIRL-CHILD—LAWYER ASHOK AGARWAL WRITES TO NHRC AND CP

SUSPECTED CASE OF DELIBERATE NEGLECT AND STARVATION OF A ONE-YEAR OLD GIRL-CHILD—LAWYER ASHOK AGARWAL WRITES TO NHRC AND CP

To

1 The Chairperson
National Human Rights Commission
New Delhi

2 The Commissioner of Police
Police Head-quarters
IP Estate, New Delhi-110002

August 26, 2014

Subject: Suspected case of deliberate neglect and starvation of a one-year old girl-child—Urgent action required

Sir

This morning, at around 8:30 a.m. fellow-advocate Mr. Surendra (M: 8802400834) brought a family to my office at 478-479, Western Wing, Tis Hazari Courts, Delhi-54 for the purpose of guiding and assisting them for procuring free treatment of their one-year old girl child under EWS category in any identified private hospital. Mr. Surendra had had a chance-encounter with them while on his way to the Tis Hazari Courts. Finding the girl-child in a deplorable physical health and grossly mal-nourished, he persuaded them and escorted them to my office.

At the first sight, it struck to me that amongst the four members in the family, including father, mother, a nearly five-six years old male-child and a one-year old girl child, the girl-child was in strikingly poor health and highly mal-nourished. The mother was also a feeble-looking woman, while the father and the male-child were in a much better health. After consulting Dr. R.N. Das, Medical Superintendant (Nursing Homes) at the Directorate of Health Services, Government of NCT of Delhi, who is a fellow-member of the Delhi High Court-constituted EWS free treatment monitoring Committee, I advised them to approach Maharaj Agrasen Hospital, Punjabi Bagh, for free treatment to the girl-child and informed them that the Hospital may also admit the child free of cost, if so required. While the mother showed some interest, the father was highly reluctant, non-cooperative and obstinate, exhibiting a bad temperament and giving lame excuses such as who would cook food for him if the child has to be admitted and mother has to be held up at the hospital for that reason. The father accordingly refused to take the child to the said Hospital and said that the maximum he could do was to take the child to a government hospital in their own locality at Shastri Park. In view of the circumstances, I asked them to take the child to the government hospital available in their own locality. I however, doubt if the child has been taken even to the government hospital.

My larger concern, however is, that apparently, it is a case of deliberate neglect and starvation of the girl-child, most likely at the instance of the father, as reflected by the shocking extent of mal-nutrition of the child. In such circumstances, it amounts to nothing less than an attempt to murder the girl-child. It is also a matter of violation of the human rights of the girl-child. I have taken pictures of the family which are self-speaking and also noted the name and address of the father as was given by him. The particulars noted by me are as below:

Name of the child: Baby Tulsi
Father’s name: Vasudev
Mother’s name: Sushma
Temporary address: Gali No.25, Mustafabad, Delhi-94
Permanent Address: PS Bilsi, Tehsil Tehsman, District Badaun, U.P.

Photographs of the family, including those of girl-child and his father, are enclosed hereto for the purpose of investigation.

You are requested to take immediate action in the matter, ensuring health and safety of the one-year old mal-nourished girl-child.

With regards

Ashok Agarwal, Advocate
Member, EWS treatment monitoring Committee
M: 9811101923





Friday, August 22, 2014

DELHI GOVT SCHOOL IGNORING SACHAR COMMITTEE REPORT & RTE, DENIES ADMISSION TO MUSLIM BOYS IN CLASS VII

To
The Director of Education
Government of NCT of Delhi
Old Secretariat Building
Civil Lines
Delhi-54

Subject: Violation of RTE Act, 2009 by Government Boys Senior Secondary School, New Ashok Nagar, Delhi 96 in denying re-admission to Master Mohd. Altaf and Master Mohd. Aftab in C;ass VII

Dear Madam
I am in receipt of yet another complaint against a Delhi Government School, namely Government Boys Senior Secondary School, New Ashok Nagar, Delhi-96, for having denied re-admission to Master Mohd. Altaf and Master Mohd. Aftab, both s/o Sh. Sabir Ali (M: 9560384201), r/o D-83, New Ashok Nagar, Delhi-96 who had dropped out of school owing to a family-tragedy after completing class VI in 2012.

Master Mohd. Altaf and Master Mohd. Aftab are siblings and had been studying in GBSSS, New Ashok Nagar, till 2012. Owing to the death of their mother, they dropped out of school in the academic year 2012-13 and remained out of school in the next year, 2013-14 as well. This year, the children have been making rounds to the school since April 2014 for admission to Class VII, but the school has refused to admit the children.

School system ought to encourage drop-outs to return to school, but ironically, our Government schools, far from being encouraging or receptive, are devoting their energies in keeping such children out of school. In this way, the schools are directly promoting child-labour.

In these circumstances, you are requested to intervene in the matter and take steps to get the children admitted to Class VII in the said school in the year-2014-15.

With Regards

Ashok Agarwal, Advocate
Natinal President, AIPA






MOCKERY OF RTE ACT, 2009 -- DELHI GOVT SCHOOL DENIES ADMISSION TO 13 YEARS OLD GIRL IN CLASS VII

To
The Director of Education
Government of NCT of Delhi
Old Secretariat Building
Civil Lines
Delhi-54
August 22, 2014
Subject: Mockery of RTE Act, 2009--Arbitrary denial of admission in Class VII to Baby Preeti Kumari by Delhi Government Girls’ Senior Secondary School, Vivek Vihar, Phase-II
Dear Madam
It is most painful to see that the trend of arbitrary denial of admissions even in elementary classes by Delhi Government Schools continues till date, despite the passage of more than 4 years since the enforcement of the Right of Children to Free and Compulsory Education Act, 2009. It seems that the RTE Act, 2009 is nothing more than a dead-letter in the eyes of the school-authorities even in our capital city.
In the present case, a parent Mr. Krishan Singh (M: 8130162934), r/o 381, Ambedkar Camp, Jhilmil Industrial Area, G.T. Road, Delhi-95, battling for the Right to Education of his daughter has written to me on how the Government Girls’ Senior Secondary School, Vivek Vihar, Phase-II has blatantly refused to admit his daughter, baby Preeti Kumari to Class-VII. I had referred the parent to the Deputy Director concerned but he was not allowed to see the Deputy Director by the staff deputed at the Deputy Director’s office. A copy of the letter written by Mr Krishan Singh to me is enclosed hereto for your reference.
You are requested to immediately intervene in the matter to prevent further delay and ensure immediate grant of admission to Baby Preeti Kumari in Class VII in the said school, in order to save the precious academic year of the child.
With regards
Ashok Agarwal, Advocate
National President, AIPA
M: 9811101923




Saturday, August 9, 2014

DISCONTINUANCE OF INSPECTION OF IDENTIFIED PRIVATE HOSPITALS BY EWS MONITORING COMMITTEE - MONITORING COMMITTEE MEMBER WRITES TO DELHI HEALTH SECRETARY

To
The Principal Secretary,
Health and Family Welfare Department,
Govt. of NCT of Delhi,
9th Level, A-Wing, IP Extensions,
Delhi Secretariat, Delhi- 110002

9th August 2014

Subject: Discontinuance of inspection of identified private hospitals by EWS Monitoring Committee

Dear Sir

I would like to bring to your notice that for the last over one month, there has been no inspection of the identified private hospitals by the EWS Monitoring Committee. I do not know the reasons but it seems to be a serious lapse on our part.

Earlier, the Monitoring Committee used to inspect hospitals on almost every alternate Saturdays and sometimes on other days also. Saturdays also suit me as the same are holidays in the Supreme Court and High Court. It is submitted that despite Saturdays being official holiday, Dr. R. N. Das was kind to spare time and to join the Monitoring Committee on these days.

You may agree with me that regular inspections by the Monitoring Committee of these hospitals cannot be underestimated as surely, these inspections have brought achievements, though slow and steady. We have to go a long way and if the inspections are halted, it would be prejudicial to the interest of the common man.

Kindly look into the matter on urgent basis and ensure that inspection of these hospitals is carried out regularly as was being done in the past.


 With regards,



Ashok Agarwal, Advocate
Member, EWS Monitoring Committee
Mob.- 9811101923

POOR CRIPPLED PATIENT MOVES DELHI HIGH COURT ON DENIAL OF FREE TREATMENT BY AIIMS - HEARING NEXT WEEK

38 year old Sarvesh, who has been suffering from Reiter’s disease since 2012, has filed a Writ Petition in Delhi High Court through Advocate Ashok Agarwal on Friday 08.08.14, seeking directions to AIIMS to provide free treatment, which is likely to come up for hearing next week.

Sarvesh has been left crippled and immobile because of the disease and urgently needs a hip and knee replacement surgery. He was admitted to AIIMS for the surgery, but the surgery could not be performed as he was unable to pay the amount of expenses of the surgery worth Rs. 8 lacs. The patient’s wife, Smt. Shanti, works as a domestic help in Delhi and is the only earning member of the family. Shanti’s salary is grossly insufficient to feed a family of four, and it is thus impossible for the patient’s family to arrange Rs. 8 lacs for the surgery.

The patient made several representations to AIIMS, Govt. of NCT of Delhi and the Govt. of India requesting them to perform the surgery free of cost. However, the doctors at AIIMS reiterated that it could not be done until the amount of the expenses is paid.

The patient has thus filed a Writ Petition in Delhi High Court pleading that his condition would deteriorate if he is not provided free of cost treatment at AIIMS. In April 2014, Delhi High Court after holding that Right to Health is a Fundamental Right, directed the Delhi Government to bear the treatment cost of the enzyme replacement therapy costing Rs 6 lacs per month, being carried out at AIIMS, needed by Master Mohd. Ahmed, who is suffering from Gaucher’s disease, which is a rare genetic disorder.

Ashok Agarwal, Advocate.
Mob.- 9811101923
09.08.2014


IDENTIFIED PRIVATE HOSPITALS TO UPLOAD INFORMATION RELATING TO EWS BEDS ON THEIR WEBSITES - MONITORING COMMITTEE MEMBER WRITES TO DELHI HEALTH SECRETARY

To
The Principal Secretary,
Health and Family Welfare Department,
Govt. of NCT of Delhi,
9th Level, A-Wing, IP Extension,
Delhi Secretariat, Delhi - 110002 

8th August 2014

Subject: Request for directing identified private hospitals to upload information relating to EWS beds on their websites

Dear Sir

I would like to bring to your notice that though information relating to EWS beds and facilities is available on Delhi Government website, but such information is not available on the websites of the identified private hospitals.

It would be of great help in creating awareness among the people and also expedite the work of achieving optimal level of filling up EWS beds in all the identified private hospitals if the following information amongst others is uploaded by each of such identified private hospital on its website.

1.      Current status of EWS beds in the hospital.

2.      Obligation of the hospital to provide 10% IPD and 25% OPD free of cost to EWS patients.

3.      List of members of the Monitoring Committee with address and telephone numbers.

You are requested to kindly issue necessary directions in above regard to all the identified private hospitals at the earliest.

With regards,



Ashok Agarwal, Advocate
Member, EWS Monitoring Committee
Mob.- 9911101923


POOR MOTHER MOVES DELHI HC AGAINST R.D. PUBLIC SCHOOL AS SCHOOL DENIES TC TO STUDENTS

Smt. Reena Choudhary, mother of Master Vijul Choudhary and Master Jatin Choudhary has today filed writ petition through Adv Ashok Agarwal in the Delhi HC seeking directions against R.D. Public School, Krishan Vihar to forthwith issue Transfer Certificates to her two sons. The petition is likely to come up for hearing next week.

The two boys had been studying in R.D. Public School for the past several years, but their parents wished to withdraw them from the school since they were no longer being able to afford the high fees of the private school.

The mother wrote to the school in April 2014 expressing her inability to pay hefty school fee and requested for issuance of Transfer Certificates. The school authorities however delayed handing over the Transfer Certificates and asked the mother to collect the same in July. When the mother went to the school in July seeking the Transfer Certificates, the school authorities demanded that she first pay the school fees for both her sons for the months of April-June, even though her sons had not attended a single day of school during these months.  Because of this, the two boys are unable to get admission in any Government school and are sitting idle at home and their studies are being irreparably damaged. R D Public happens to be run by a MLA.

The petition says, “The action on the part of the school in not granting the Transfer Certificates to the petitioner’s sons despite several requests is arbitrary, discriminatory, unjust, unethical, against the best interest of the students and contrary to the provisions of Delhi School Education Act, 1973.”

Ashok Agarwal, Advocate
Mob.- 9811101923
08.08.2014

Saturday, August 2, 2014

POOR STUDENT WRONGFULLY DENIED ADMISSION BY SARVODAYA BAL VIDYALAYA, NO. 2, MANDAWALI, IN CLASS IX FOR THE ACADEMIC YEAR 2014-15

To,
The Secretary(Education)
Government of NCT of Delhi
Old Secretariat Building
Civil Lines, Delhi- 110054

2nd August 2014

Subject: Poor student wrongfully denied admission by Sarvodaya Bal Vidyalaya, No. 2, Mandawali, in Class IX for the academic year 2014-15

Dear Sir,

I have been informed by Shri Kallu Raikwar, S/o Shri Pankhi Raikwar, R/o 12A/64, Block- 12A, Trilokpuri, Delhi- 110091 [Mob.- 9873496524] that his son, Master Ramdas Raikwar has been wrongfully denied admission in Class IX by Sarvodaya Bal Vidyalaya (SBV), No.2, Mandawali, [Phone No.- 011-22476708] for the academic year 2014-15.

Master Ramdas Raikwar successfully completed Class VIII from Poorv Madhyamik Vidhyalaya, Makanpur Colony, Ghaziabad, Uttar Pradesh in June 2014 and is in possession of a valid and countersigned Transfer Certificate as well as mark-sheet. He appeared in the entrance test on 23.07.2014 for admission in Delhi Government schools, and also cleared the same. (Copies of the Transfer Certificate, mark-sheet and Admit Card are enclosed herein)

However, when Master Ramdas Raikwar went to SBV, No. 2, Mandawali, the school denied admission to him on the grounds that his father, Shri Kallu Raikwar, was unable to produce any identification card signifying his address proof in Delhi. Master Ramdas Raikwar produced his UIDIA Resident Copy, but the school management yet did not admit the child. This action of the school is absolutely arbitrary, unjust and bad in law.

It is submitted that Shri Kallu Raikwar belongs to the marginalized strata of the society, and is being unnecessarily harassed to produce an address proof in Delhi. In our meeting about 3 weeks ago on the issue of admissions in Class IX in Delhi Government schools, you had assured me that no student would be denied admission in Class IX in the academic year 2014-15 irrespective of whether the student qualifies in the entrance test or not. In Master Ramdas’s case, however, SBV, No.2, Mandawali has denied admission to the student in spite of him having cleared the entrance test and being in possession of a valid Transfer Certificate. The school is raising extraneous demands with the motive of denying admission to a student lawfully entitled to admission.

I thus request you to look into the matter and direct the abovementioned school to admit Master Ramdas Raikwar in Class IX without any further harassment.

With Regards,

Ashok Agarwal, Advocate.
National President,
All India Parents Association
[Mob.- 9811101923]







CONGRESS MLA OWNED R. D. PUBLIC SENIOR SECONDARY SCHOOL, KRISHNA VIHAR WRONGFULLY DENIES TRANSFER CERTIFICATES TO TWO POOR STUDENTS

To

The Lieutenant Governor,
Government of NCT of Delhi,
Rajniwas, Rajniwas Marg.
Civil Lines, Delhi-54

2nd August 2014

Subject: Congress MLA owned R. D. Public Senior Secondary School, Krishna Vihar wrongfully denies Transfer Certificates to two poor students

Dear Sir

I have been informed by Smt. Reena Chowdhry W/o Shri Sandeep Chowdhry, R/o T-1, C-54 Budh Vihar Phase- I, Delhi- 110086 [Mob.- 9555772635], that her two sons Master Vijul Chowdhry  and Master Jatin Chowdhry have been wrongfully denied Transfer Certificates by R. D. Public Senior Secondary School, Krishna Vihar, New Delhi- 110086 [Phone No.- 011-25473692].

Master Vijul Chowdhry and Master Jatin Chowdhry have completed Classes VII and X from the above mentioned school, but wished to withdraw from the school as their parents did not have the financial resources to continue paying the fee of a private school and thus wanted to shift to a Government school. Smt. Reena Chowdhry wrote an application to R. D. Public Senior Secondary School in April 2014, expressing her will to withdraw her two sons from the school. When Smt. Reena Chowdhry went to collect her sons’ Transfer Certificates, the school administration delayed the matter and told her to come again later. Smt. Reena visited the school several times but the school management continued to procrastinate handing over the Transfer Certificates. Smt. Reena Chowdhry made several representations to the school during this time. When she went to the school yet again in July 2014 to seek her sons’ Transfer Certificates, she was told that she would first have to clear the dues for the months of April-July. It is submitted that this demand is outright arbitrary, illegal and unjust.

She had cleared the dues up to March 2014 well in time and had made a representation in April 2004 itself that she wished to withdraw her sons from the school. The school persistently denied handing over Transfer Certificates to the two boys and are now demanding fee for the months of April-July as a condition precedent for obtaining the Transfer Certificates. The two boys did not even attend school during this period and thus this demand of fee is absolutely unjustified and amounts to extortion on the hands of the school management. Smt. Reena Chowdhry had made another representation to the DDE on 26.07.2014 regarding the matter, but no action has been taken till date. (Copy of the same is enclosed)

It is interesting to note that Smt. Reena Chowdhry had also made an attempt to withdraw her sons from this school last year, but was coaxed into staying by a marginal decrease in the fee. However, Smt. Reena does not have the financial resources to continue paying the high fees of a private school. The two boys are currently out of school and are being prevented from taking admission in any Government school since they do not have their respective Transfer Certificates. The school is owned by Shri Jai Kishan Dhaka, who is a Congress MLA from Sultanpur-Majra in Delhi, and the students and parents are unable to get any relief since the school is owned by such an influential person. The students and parents are having to pay a heavy price for this, not only financially but also in terms of education since the boys are currently out of school and unable to get admission anywhere else.

I thus request you to look into the matter and direct the above mentioned school to hand over the Transfer Certificates to the two students without demanding clearance of any dues since the fee demanded for the months of April-July is outright unjust and bad in law.

With Regards,


Ashok Agarwal, Advocate.
National President,
All India Parents Association.
[Mob- 9811101923]




DELHI GOVT SCHOOLS UNETHICALLY DENY ADMISSION IN CLASS IX TO HUNDREDS OF CLASS VIII PASSED STUDENTS - AIPA WRITES TO DELHI EDUCATION SECRETARY

To,
The Secretary (Education)
Government of NCT of Delhi 
Old Secretariat Building
Civil Lines
Delhi- 110054
02/08/2014


Subject: Hundreds of Class VIII passed students denied admission in Class IX in Delhi government schools

Dear Sir,
I would like to remind you of our meeting about three weeks ago on the problem of admissions in Class IX in Delhi Government schools faced by students possessing valid Class VIII passed TC duly countersigned by the concerned Education Officer. These students have passed Class VIII in terms of RTE Act, 2009 in the academic year 2013-14 from Recognized private schools of Delhi/ Recognized private schools and Government schools outside Delhi.

It is submitted that students have been illegally subjected to entrance tests held by the Directorate of Education on 2nd May 2014 and 23rd July 2014. Those who have not qualified these entrance examinations, have been refused admission in Class IX in Delhi government schools. The number of such students are in hundreds and if they are not given admission, their careers would be spoiled.

You had assured me during our meeting that no student whether qualifies the entrance examination or not, would not be denied admission in Class IX in the academic year in 2014-15.

Therefore, I request you to kindly intervene in this matter on urgent basis to save the future of hundreds of students by permitting all such students to take admission in Class IX in the Government schools who are possessing valid Class VIII passed TC duly countersigned by the Education Officer without insisting upon the qualifying of the entrance examination.


With Regards


Ashok Agarwal, Advocate
National President, All India Parent’s Association
M: +91-9811101923



Friday, August 1, 2014

एक्सट्रा फीस लौटाने पर क्या किया सरकार ने?

नवभारत टाइम्स (दिल्ली), पेज - 8, 2 अगस्त 2014

सोशल जूरिस्ट की ओर से एडवोकेट अशोक अग्रवाल ने अर्जी दाखिल कर कहा था कि स्कूलों ने मनमाने तरीके से फीस बढ़ाई है। हाई कोर्ट ने अगस्त, 2011 में कमिटी का गठन किया और आदेश दिया कि स्कूलों के अकाउंट का ऑडिट किया जाए ताकि पता चले कि कितनी फीस बढ़ानी जरूरी है।