Shaina, a student of Class VI of Government Girls Senior Secondary School No.II, C-Block, Yamuna Vihar, Delhi-110053 was denied readmission by the school when she approached in early July 2008 after a gap of two years as she was diagnosed with tuberculosis for which she had undergone treatment. She approached the Deputy Director of Education on 24.7.2008, who sent her to the school with the recommendation to consider her case for admission. She again approached the school but the school again denied the admission. It is only after she moved a writ petition under article 226 of the Constitution of India in the Delhi High Court and obtained directions for admission, she was granted admission by the school. The Hon’ble High Court held, “The respondents are bound to grant admission to every child who seeks admission in a Government school”.
Shaina is not the only case where government school has denied readmission to a student after she recovered from her health. Monika, a student of Class VI of Government Girls Senior Secondary School, Ramesh Park, Lakshmi Nagar, Delhi was denied readmission by the school when she approached the school in April 2008 after she suffered from kidney infection and remained sick for about two years continuously and for reason thereof, she did not attend the school. Monika was readmitted in the school only after she had lodged a written complaint to Social Jurist and the Social Jurist wrote a letter dated 30.08.2008 to the Director of Education, Government of NCT of Delhi reminding him that the State is failing in its constitutional and statutory duties by not providing education to Monika.
It is submitted that the denial of admission to the school age children by the government schools is a clear violation of the fundamental right to education as guaranteed to these children under article 21 (right to life with dignity) of the Constitution of India. It is well settled law that when fundamental rights of the citizens are violated by the State, the State is liable to pay compensation to such aggrieved citizens. It is unfortunate that the Government of Delhi has not even initiated any departmental action against the erring officials of the education department who are responsible for violation of the fundamental right to education of these students. In fact, the denial of admission or readmission to a child who missed the school for medical reasons is a criminal act and must be dealt with all seriousness and firmness. It is high time that Governments must ensure accountability in the matter of providing quality education to all the children through Government Schools.
Shaina is not the only case where government school has denied readmission to a student after she recovered from her health. Monika, a student of Class VI of Government Girls Senior Secondary School, Ramesh Park, Lakshmi Nagar, Delhi was denied readmission by the school when she approached the school in April 2008 after she suffered from kidney infection and remained sick for about two years continuously and for reason thereof, she did not attend the school. Monika was readmitted in the school only after she had lodged a written complaint to Social Jurist and the Social Jurist wrote a letter dated 30.08.2008 to the Director of Education, Government of NCT of Delhi reminding him that the State is failing in its constitutional and statutory duties by not providing education to Monika.
It is submitted that the denial of admission to the school age children by the government schools is a clear violation of the fundamental right to education as guaranteed to these children under article 21 (right to life with dignity) of the Constitution of India. It is well settled law that when fundamental rights of the citizens are violated by the State, the State is liable to pay compensation to such aggrieved citizens. It is unfortunate that the Government of Delhi has not even initiated any departmental action against the erring officials of the education department who are responsible for violation of the fundamental right to education of these students. In fact, the denial of admission or readmission to a child who missed the school for medical reasons is a criminal act and must be dealt with all seriousness and firmness. It is high time that Governments must ensure accountability in the matter of providing quality education to all the children through Government Schools.
-By Ashok Agarwal
No comments:
Post a Comment