Sunday, August 30, 2015

Make available note-books to 4 lakh primary school students of NDMC before Teachers Day - AIPA writes to Delhi CM and NDMC Commissioner

1.       The Chief Minister of Delhi
Secretariat, I.P. Estate
New Delhi- 110002

2.       The Commissioner,
North Delhi Municipal Corporation
Dr. S.P.M. Civic Centre, Minto Road
New Delhi-110002


Sub:  5 months gone, 4 lakh students of NDMC run 746 primary schools still waiting for copies

Dear Sir, 

That each student studying in 746 primary schools run by the North Delhi Municipal Corporation (NDMC) is entitled to 5 subject copies + 1 drawing copy free of cost at the commencement of academic year i.e. April 01st. It is really shocking that 5 months have already passed, yet 4 lakh students studying in these primary schools have not received any copy. The funny reason appears to be that the tender has not been finalized. 

It is a matter of great national shame that the authorities running these schools are totally callous towards the education of the children of the masses. The inaction on your part is in utter violation of the right to education guaranteed to these students  under Articles 21 and 21-A of the Constitution of India read with the provisions of RTE Act, 2009. Needless to say that time has come to implement the recent judgment of 18.08.2015 of Allahabad High Court ensuring that yours and other Govt employees’ children are compelled to attend these primary schools. 

It may also be mentioned here that failure on your part to provide copies to these 4 lakh students amounts to contempt of Hon’ble Delhi High Court as much as the High Court has directed you in the PIL to provide books and copies to the students in time. It may further be mentioned that under the provisions of RTE Act, 2009, it is the responsibility of the State Govt to implement the provisions of the said Act, but to great surprise, the Delhi Chief Minister, Shri Arvind Kejriwal does not at all talk about the plight of the 10 lakh students studying in primary schools run by the three Muncipal Corporations. 

I hope and expect that before you take the Hon’ble President of India on ‘Teachers Day’ to a Delhi Sarkari School, you would make available copies to these 4 lakh unfortunate primary school students of North MCD.

With regards,

Ashok Agarwal, Advocate
National President, AIPA
Tel. 011-23070026

Friday, August 21, 2015


North Delhi Municipal Corporation in its affidavit filed today before a bench of Justices B D Ahmed and Sanjeev Sachdeva stated that in NDMC, 85,000 persons have not been paid old age pension since July 2014. These persons are who have attained age of 60 years; Destitute, Disabled (Deaf, Dumb, Physically handicapped having infirmity of permanent nature) 40% or more; Blind; Widows; Insane; Crippled; Divorcee woman; Kinner (ennuch); orphan child till he/she attains the age of 18 years; suffering from serious illness. 

The NDMC has also stated, “The North DMC has not been able to disburse the old age pension since July 2014 onwards and the yearly budget for this scheme as per the budget estimate 2015-16 is Rs. 142.16 Crore. Finance is of the view that North DMC may discontinue the disbursement of old age pension and the department may request GNCTD to merge the old age pension scheme administered by the North DMC with the scheme already run by the Social Welfare Department of GNCTD”.

Earlier, EDMC told the High Court that it is yet to pay monthly pension since April 2013 to over 30,000 senior citizens under the old age pension scheme. 

EDMC and NDMC replies came in response to a direction by the Court to file a status report on a PIL by Social Jurist, A Civil Rights Group accusing the Corporations of stopping the pension to more than 1.15 lakhs people, including the disabled, widows and the elderly under the scheme. 

High Court had asked all the three Municipal Corporations to file affidavit stating the number of people entitled to receive pension and the number actually receiving pension.

The PIL, filed through Advocate Ashok Agarwal, termed the denial of pension as a violation of fundamental rights. Agarwal termed the EDMC and NDMC action “arbitrary and illegal”.

Ashok Agarwal, Advocate
M. 9811101923
Tel. 011-23070026

Wednesday, August 19, 2015

Landmark Judgment of 18.08.2015 of Allahabad High Court on Government School


Jitender Kumar who has passed Class VIII from a recognised private school of Delhi has been denied admission in Govt school citing "no seat available". Another reason cited for denial of admission is that the student is overage in terms of the DoE circular of 04.04.2014 which says that for admission in class IX, the age of child should be 13+ but less than 15 years. Jitender is 16 years old and has passed class VIII in the academic year 2014-15 and seeks admission in class IX in the academic year 2015-16 in the Govt school. 

Student Jitender has today filed this writ petition in Delhi HIgh Court through Advocate Ashok Agarwal challenging validity of the DoE circular of 04.04.2015 on the grounds that the same is anti-child, arbitrary, discriminatory, irrational, unconstitutional, suffers from lack of authority in law, violative of articles 14,15,21 and 21-A of the Constitution of India and contrary to the provisions of Delhi School Education Act, 1973. The Government cannot discriminate students on the ground of planned and non-planned admission policy.

The petition is likely to come up for tomorrow.

Copy of DoE Circular attached

Ashok Agarwal, Advocate
M. 9811101923
Tel. 011-23070026

Friday, August 14, 2015


Lawyers plus Team led by Advocate Ashok Agarwal will visit Bawana J.J. Colony Slum on Saturday 15 August 2015 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 Bawana J.J Colony Bus Stand, at 8:00 am sharp. Contact Person –Dharmveer Kumar M. 9711369191

Wednesday, August 12, 2015

Usha works in a factory at Bawana Industrial area and is paid only Rs.5000/- per month as wages. Statutory Minimum wage for unskilled worker in Delhi is Rs.9040/- pm. She is therefore paid less wages of Rs.4040/- pm. She is not alone to suffer such crude exploitation. There are lacs of others similar workers also in Delhi. Kerjiwal Govt though promised but has not done anything about it in its 6 months rule.

Tuesday, August 4, 2015


An ESIC empanelled pvt hospital stops dialysis to this poor man from August 01, 2015 as ESIC arbitrarily refuses to give further permission. This man needs dialysis three times a week to survive. Now we have to move Delhi High Court against the ESIC.

Ashok Agarwal, Advocate

The Director,
Employees State Insurance Corporation,
ESIC Headquarters,
Panchdeep Bhawan,
Kotla Road,
New Delhi- 110002


Sub:  ESIC illegally stops permission for dialysis to poor man endangering his life

Dear Sir,
Under instructions from and on behalf of my client Sh. Dalip Kumar s/o Sh. Triban Prasad r/o A-529, J.J Camp, Suraj Park, Badli, Delhi-110042, I have to serve you with the following legal notice:
1.     That Sh. Chandan Kumar s/o Sh. Dalip Kumar (said client) is registered as an insured person with your corporation under IP No.-2213511265 since 03-Dec-2010. My said client is one of the dependants of Sh. Chandan Kumar and therefore is entitled to all the benefits which are available to a dependent of an insured person under the provisions of Employee State Insurance Act, 1948.

2.     That my said client has suffered a total renal failure. He was required to undergo dialysis to survive.

3.     That ESIC has referred my said client for Dialysis at its empanelled Bhagwati Hospital on 19-Jul-2012 and since then he was regularly getting dialysis at Bhagwati Hospital till 31.07.2015

4.     However, from 01-Aug-2015, The ESIC Hospital, Sector-15, Rohini has arbitrary refused to sanction further Dialysis for my client at the empanelled hospital without assigning any valid reason thereof. Thus, empanelled Bhagwati Hospital has had to discontinue dialysis of my said client. It is submitted that Dialysis is not provided at the ESIC Hospital except to in-patients.

5.     Presently, my client is neither able to undergo Dialysis as a dependant of ESIC insured person at the empanelled hospital, nor is he getting routine Dialysis at the ESIC Hospital, Basai Darapur, New Delhi. Resultantly, my client’s life has been endangered, as being a poor man, he is unable to bear the cost of Dialysis Treatment which is essential for his survival.

6.     It is submitted that my client is legally entitled to medical cover from your Corporation and arbitrary withdrawal of sanction for treatment amounts to violation of his statutory rights as an dependant of insured person under the ESI Act, 1948 as well as his fundamental Right to Life under Article 21 of the Constitution of India.

You are therefore called upon to forthwith grant sanction for continuation of Dialysis of my said client Sh. Dalip Kumar at the ESIC empanelled Bhagwati hospital without any delay in view of his critical condition, failing which, appropriate further legal proceedings shall be initiated against you at your costs and risks. Please note.

With regards

Ashok Agarwal, Advocate
M: 9811101923
Tel. 011-23070026