Girls not admitted: HC seeks reasons

TNN, Jul 28, 2010

NEW DELHI: Eight girls who were refused admission by different government schools in east Delhi have moved the Delhi high court, which on Tuesday asked the education department to explain why the students were refused admission.

Justice Rajiv Sahai Endlaw asked the government to explain by August 5, why it failed to admit the girls in its schools.

The girls residing in different areas in east Delhi had approached the court when they were refused admission on "frivolous grounds''.

Some of the reasons cited by the schools for denying them admission were that they belonged to a different state, they were overaged and that being dropouts, they could not be readmitted.

All the girls moved the court complaining the government schools had violated the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) by denying them admission on one pretext or the other.

As per the petition, Gulafshah and Nisha Parveen were denied admission in Class VI in Sarvodaya Kanya Bal Vidyalaya, Babarpur, on the ground that they were from Uttar Pradesh.

Firdosh was denied admission in Class VII in Government Girl Senior Secondary School, Khajuri Khas, and Rabia was denied admission to Class VIII in Rajkiya Sarvodaya Kanya Vidyalaya, Khajuri Khas, on the ground that there were no seats available in the schools.

Uzma Bano and Samreen Bano were denied admission in Class IX and VI, respectively, by Government Girls Senior Secondary School, New Ashok Nagar, alleging they were overage.

Rakhi Jain and Ritika Jain were denied readmission in Class VIII and IX, respectively, in Government Sarvodaya Kanya Vidyalaya, Gokulpur, alleging that dropped out students could not be readmitted.

Ashok Agarwal, counsel for the girls, argued before the court that the denial of admission to these girls by Delhi government schools was illegal and unconstitutional. "These cases of the girl students are only few instances. Government schools are invariably denying admission to thousands of students on false and illegal grounds,'' he said.

"Government schools are the only hope for the children of the masses and if these schools deny them admission, where would they go,'' Agarwal added.

TIMES OF INDIA, July 28, 2010

Quality in education: It's my legal right

Surbhi Bhatia, Jul 26, 2010

While the efficacy of the Right to Education Act is being debated, the legislation has had an impact on marginalised sections of society.

Says Ashok Agarwal, advocate and advisor to a civil rights group, "When the Act came into force around four months ago, we were expecting a slow response from society since it takes time to spread awareness about any new legislation. But from April we have received 200 applications where children and their parents are demanding admission under the Right to Education Act; 70% are from the Muslim community and out of that, 90% of the applicants are women."

There are several reasons for this, but the main one seems to be the girls’ desire to be educated and, hence, empowered. "The Muslim community especially in backward areas has finally risen to the fact that education empowers and more and more Muslim girls are coming forward to take education in the formal school system," adds Agarwal.

Samreen and Uzma Bano were denied admission by many government schools when they migrated to Delhi from Uttar Pradesh with their families four years ago. The desire to be economically independent prompted them to get enrolled in knitting and beauty courses. But they continued to dream about a formal education.

The RTE provided them with the right platform. "Muslim women feel that it is important to be economically independent and it can only happen through education. Many women have been fighting for their right to get educated. When we heard it is our right to get free and compulsory education under the new legislation, we approached a lawyer for help," says Mona, maternal aunt of the Bano sisters.

Mona has been running from pillar-topost to get her nieces admitted in a school in New Ashok Nagar.

"When we approached a school, the authorities denied admission saying the girls are over the age limit," she says. "Running between school, lawyer and deputy director of education’s office has left us exhausted and we have also spent a lot of money. But we know that it is an investment to get the girls educated. We will not give up till the girls are admitted in a school," she asserts. Agarwal says that the act empowers children in the age group between 6 and 14 years to get free and compulsory education in a neighbourhood school and the school cannot deny admission on any basis. "If it does, it is a contempt of court," he adds.

Another obstacle to the girls’ education is the distance that they have to travel. "The MCD schools have started online screening for admission. If the seat is allotted in a school which is far from their house, the parents opt out of sending their daughters to school. We have received many applications where Muslim girls dropped out from school due to the distance and now are demanding admission in a nearby school under the RTE Act," says Agarwal.

Rizwana, after completing schooling at Holy Home Public School, which is up to class VIII, is seeking admission in a school at Khajuri Khas near her house. "The school has been denying admission on several grounds. We have obtained a school-leaving certificate and got it countersigned from the deputy education officer, but it is of no use. I want to study further but the authorities’ attitude is discouraging," says Rizwana. However, Rizwana’s mother is determined to get her daughter admitted in a school. "No matter how much money we have to spend, I want my daughters to study," she says.

"Farah, aged 6, is a special child. She was denied admission at Jehangirpuri MCD school on the grounds of non-availability of a special educator in the school. This is a violation of the RTE Act. Since section 3 of the Act provides for free and compulsory education and section 4 provides that a child aged above 6 years has the right to be admitted to an age-appropriate class," Agarwal informs. He says the determination among Muslim women is gathering momentum, but they need the support of the concerned authorities to make their dream come true.

TIMES OF INDIA, July 26, 2010

Every postcards had story to tell

Neha Pushkarna | TNN

New Delhi: Nearly 200 children from government and MCD schools in the city wrote to the chief justice of Delhi high court once in May and again on Monday highlighting the abysmal state of their schools and the need to implement right to education.The children shared a variety of problems they face in school by sending postcards to the chief justice.About 141 children came together in Jahangirpuri on May 22,and 65 in Dwarka on Monday to participate in the RTE postcard campaign launched by a civil rights group called Social Jurist in collaboration with NGOs.

From teachers beating them up and forcing them to collect garbage,to toilets remaining locked and clean drinking water being inaccessible,the children had a lot to write about.Shahnaaz Khatoon,a class VIII student of Rani Channama Rajkiya Sarvodaya Kanya Vidyalaya in Jahangirpuri,wrote, Madam padai ke samay phone pe baat karti rehti hai (The teacher keeps talking on phone during class). She said that water in the tank of her school had not been cleaned for 8-10 days.She added,however,that the playground in the school was good.

Poonam,class IV student at MCD school in Jahangirpuri,B-Block,wrote, Our madam is good.She teaches us.But our principal often beats us and makes us pick up garbage.Please take action.

Every postcard had a story to tell.While some students wrote that the fans and lights in classrooms didnt work,others were upset about the lack of tables and chairs.A few even complained that the teachers discouraged them from asking questions and the classes were often conducted on the playground.Many of them even left their phone numbers on the postcard.

These children are hopeful that contacting higher authorities directly may change their school for the better.Speaking to TOI on Wednesday,Shahnaz said, The toilet in our school is seldom cleaned.Even the food we get in school (midday meal) is often too little and does not taste good.We have complained to many people several times but nothing happened.Then someone told us writing to the chief justice could help.
According to Ashok Agarwal,founder of Social Jurist,more students are likely to come together in the coming days to put across their side of the story. RTE has been implemented but nothing has changed.The infrastructure and the student-teacher ratio continues to be bad.We wanted the court to intervene, Agarwal said.
He added, We asked children to write their top three problems and also the good things about their school.It should make a difference.

neha.pushkarna@timesgroup.com

Times of India, New Delhi, July 15, 2010

http://mobiletoi.timesofindia.com/mobile.aspx?article=yes&pageid=6&sectid=edid=&edlabel=CAP&mydateHid=15-07-2010&pubname=Times%20of%20India%20-%20Delhi%20-%20Front%20Page&edname=&articleid=Ar00602&publabel=TOI

Postcards from kids converted into PIL

Neha Pushkarna / TNN

NEW DELHI: Tired of their complaints falling on deaf ears, nearly 200 children from government and MCD schools in the city have now taken on themselves the task of setting the education system right. The children wrote to the chief justice of Delhi High Court once in May and again on Monday highlighting the abysmal state of their schools and the need to implement right to education.

Their efforts haven't gone waste. On Wednesday, chief justice Dipak Misra converted the complaints into a PIL and sought a response from Delhi government and MCD, terming it a "serious matter".

The children shared a variety of problems they face in school by sending postcards to the chief justice. About 141 children came together in Jahangirpuri on May 22 and 65 in Dwarka on Monday to participate in the RTE postcard campaign launched by a civil rights group called Social Jurist in collaboration with NGOs.

From teachers beating them up and forcing them to collect garbage, to toilets remaining locked and clean drinking water being inaccessible, the children had a lot to wrote about. Shahnaaz Khatoon, a class VIII student of Rani Channama Rajkiya Sarvodaya Kanya Vidyalaya in Jahangirpuri, wrote, "Madam padai ke samay phone pe baat karti rehti hai (The teacher keeps talking on phone during class)." She all said that water in the tank of her school had not been cleaned for 8-10 days. She added, however, that the playground in the school was good.

Poonam, a class IV at MCD school in Jahangirpuri, B-Block, wrote, "Our madam is good and she even teaches us. But our principal often beats us and makes us pick garbage. Please take appropriate action."

Every postcard had a story to tell. While some student wrote that the fans and lights in the classrooms didn't work, others were upset about the lack of tables and chairs. A few even complained that the teachers discouraged them from asking questions and the classes were often conducted on the playground. Many of them even left their phone numbers on the postcard for further clarification.

These children are hopeful that contacting the higher authorities directly may change their school for the better. Speaking to TOI on Wednesday, Shahnaz said, "The toilet in our school is seldom cleaned. Even the food that we get in school (midday meal) is often too little and does not taste good. We have complained about this to many people several times but nothing happened. Then someone told us that writing to the chief justice could help."

According to Ashok Agarwal, founder of Social Jurist, more students are likely to come together in the coming days to put across their side of the story. "RTE has already been implemented but nothing has changed in government schools. The infrastructure and the student-teacher ratio continues to be bad. In such situation, we wanted the court to intervene," Agarwal said.

He added, "We asked children to write their top three problems and also the good things about their school. We told them to write only what they felt and not ask or copy from anyone else. Children from eight to 10 schools have participated in the campaign so far. It should make a difference."

Times of India, New Delhi, July 15, 2010

http://search.conduit.com/Results.aspx?q=times+of+india+postcard+converted&ctid=CT2405280&octid=CT2405280&SearchSource=1

Future of 14 slum students at stake – Delhi Govt. schools deny admission in class XI

SOCIAL JURIST

A Civil Rights Group

To

Director of Education

Government of NCT of Delhi

Old Secretariat Building,

Civil Lines, Delhi-110054

July 15, 2010

Sub- Delhi Govt. Schools deny admission to Master Abhinandan and thirteen other students in class XI

Dear Sir

We have the honour to bring to your kind notice that (1) Master Abhinandan s/o Mr. Uday Shankar r/o A-5/104, Bhalaswa, JJ colony, Jehangirpuri, Delhi (M-9971367492), (2) Vishal s/o Mr. Suarj r/o A-2/588, Bhalaswa, JJ colony, Jehangirpuri, Delhi (M-9015305095), (3) Prakash s/o Babulal r/o A-2/924, Bhalaswa, JJ colony, Jehangirpuri, Delhi (M-9654868789), (4) Pradeep s/o Mr. Arvind Gaur r/o A-5/63, Bhalaswa, JJ colony, Jehangirpuri, Delhi (M-9868455842), (5) Suraj s/o Mr. Roshan Lal r/o A-2/170, Bhalaswa, JJ colony, Jehangirpuri, Delhi (M-958220324), (6) Aneesh s/o Mr. Shyam Shankar A-5/1, Bhalaswa, JJ colony, Jehangirpuri, Delhi, (M-9560109756), (7) Nizam s/o Mr. Ashiq Ali r/o A-5/66, Bhalaswa, JJ colony, Jehangirpuri, Delhi, (M-9560020534), (8) Vishnu s/o Mr. Kishan Gupta r/o A-2/853, Bhalaswa, JJ colony, Jehangirpuri, Delhi, (M-9968923132), (9) Sameer s/o Mr. Rajender r/o A-2/692, Bhalaswa, JJ colony, Jehangirpuri, Delhi, (M-9311590679), (10) Manoj s/o Mr. Ramesh Kumar r/o B-4/ Bhalaswa, JJ colony, Jehangirpuri, Delhi, (11) Deepankar s/o Mr. Ramesh Chakravarty r/o A-2/272, Bhalaswa, JJ colony, Jehangirpuri, Delhi, (M-9958220324), (12) Vimal Kumar s/o Mr. Jitender Kumar r/o D-1-12, Bhalaswa, JJ Colony, Delhi (M-9654963560), (13) Lalit Kumar s/o Mr. Banke Lal r/o D-116, Bhalaswa JJ Colony, Delhi (M-9313101855), (14) Umesh s/o Mr. Mool Chand r/o D-1-74, Bhalaswa, JJ Colony, Delhi (M-9718412547), and have passed class X from Govt. Boys Secondary School, Libaspur, Delhi in the academic year 2009-10. Since, the said school is only upto class X, these students are seeking admission in other schools in class XI nearby their residences but none of the schools are granting them admission on the pretext that there was no seat available.

All these students have also approached the DDE on 9/07/2010 for grant of admission in any Govt. School nearby their residences but unfortunately, the Deputy Director of Education has also not done anything in this matter. Now, the students have approached us for help. It is submitted that all these students are entitled to admission in class XI in any Govt. School nearby their residences.

It is, therefore, requested that necessary action may be taken in this matter ensuring admission of all the students in class XI in any Govt. School nearby there residences.

With Regards

Ashok Agarwal, Advocate

Advisor, Social Jurist

M-9811101923

Class VI students fight for English Medium Section in Govt. Sarvodaya Co-ed Vidyalaya, New Police Lines, Delhi

To, 21.07.2010
The Director of Education,
Govt. of NCT of Delhi,
Old Secretariat Building,
Civil Lines, Delhi-110054,

Sub:- Class VI students fight for English Medium Section in Govt. Sarvodaya Co-ed Vidyalaya, New Police Lines, Delhi

Dear Sir,

We bring to your notice that Abhishek Diwakar s/o Shri Dilip Kumar Diwakar r/o N-44/2, T. Huts, Lal Bagh (Maszid) G. T. Karnal Road, Azad Pur, Delhi-110033 (M-8802525497) has studied from Class I to Class V in English medium in Govt. Sarvodaya Kanya Vidyalaya No.1, Model Town-III, Delhi and has passed his class V in the academic year 2009-10 securing 89% marks. Thereafter, the parents got him admitted in class VI in Govt. Sarvodaya Co-ed Vidyalaya, New Police Lines, Delhi in the academic year 2010-11.

Since Master Abhishek Diwakar had studied in earlier school in English medium, he sought admission in class VI in English medium section in Govt. Sarvodaya Co-ed Vidyalaya, New Police Lines, Delhi but he was forcibly given admission in Hindi medium section.

In the said school, there are three class VI sections. Section A is an English medium section whereas sections B & C are Hindi medium sections. I am told that there are as many as 30 other students alike master Abhishek who are also seeking admission in English medium section of class VI but the school has forced them to get admission in Hindi medium section. It is submitted that due to sudden change of medium of instructions from English to Hindi, Master Abhishek and other alike students are not been able to understand particularly Maths and Science subjects.

It is, submitted, that in the above facts and circumstances, denying English medium section to Master Abhishek and others in class VI is detrimental to the interest of all these young students. All these students are undergoing mental agony and harassment. It is really a case of unjust discrimination. It may be appreciated that the students passing out from English medium schools have better opportunities in life in comparison to others in our market oriented society.

It is, therefore, requested that in the interest of the appropriate education of Master Abhishek Diwakar and other alike students, these students may be shifted from Hindi medium section to English medium section or in alternative, an additional English medium section may be created at the earliest.

With regards,


Ashok Agarwal, Advocate
Advisor, Social Jurist
M-9811101923

English vs Sanskrit – Delhi Govt. school defies Supreme Court directives in denying promotion to six students to class XI on baseless subject dispute

SOCIAL JURIST
A Civil Rights Group

To 19/07/2010
The Director of Education
Govt. of NCT of Delhi
Old Secretariat Building
Civil Lines
Delhi-110054

Sub: Illegal with holding of promotion of class X passed students of Govt. Co-Ed S.S. School, Block-B, Holambi Kala, Phase-II, Delhi-82

Dear Sir

We bring to your notice that as many as 6 student namely-1) Preeti r/o A2148,2) Rajni Verma r/o A803,3) Meera r/o B 984, 4)Maya r/o B2147,5)Pooja r/o A775 and 6)Rajni r/o A744 Metro Vihar Holambi Kala Phase-II, Delhi-82 have passed class X examination from Govt. Co-Ed Sec School, Metro Vihar, B-Block, Delhi in the academic year 2009-10. They are legally entitled to be promoted to class XI in the same school but the said school has refused to promote them to class XI on the pretext that these students would not be given English subject and Sanskrit subject is not available in class XI. It is submitted that all the students are not at all interested in Sanskrit subject and they are interested in English subject which is available in the school.

It is submitted that the said school has illegally and arbitrarily withheld their promotion in class XI in the school. It is submitted that the said school is bound to promote all these students in class XI in school and are also bound to provide them Arts Stream with the English subject which is available in the school.

The aforesaid action on the part of the school is totally illegal, unjust, arbitrary, unconstitutional, contrary to the provision of Delhi school Education Act, 1973 and also contrary to the law as laid down by Hon’ble Supreme Court in several cases including Cambridge School v/s Payal Gupta, Principal Kendriya Vidyalay v/s Saurabh Chaudhary and D.Aravinath v/s Tamil Nadu.

It is, therefore, requested that an appropriate direction may be issued in this matter to the Principal of the Govt. Co-Ed S.S. School, Block-B, Holambi Kala,Phase-II,Delhi-82 and promote the students the school in class XI and all allot them Arts Stream with English subject.

With Regards


Ashok Agarwal,Advocate
Advisor, Social Jurist
M-9811101923

G.D. Goenka Public School, Vasant Kunj, expels Class VIII EWS student Master Vinit Kumar on July 12, 2010 – Tragic tale of a humble Postman

SOCIAL JURIST
A Civil Rights Group


To,
Shri Arvinder Singh Lovely,
Hon’ble Education Minister,
Government of NCT of Delhi
Delhi Secretariat, I.P. Estate,
New Delhi – 110002

July 19, 2010

Sub: G.D. Goenka Public School, Vasant Kunj, expels Class VIII EWS student Master Vinit Kumar on July 12, 2010 – Tragic tale of a humble Postman

Sir,

We bring to your kind notice that Shri Satya Pal r/o of Qtr. No. 429, Sector 6, R.K. Puram, New Delhi-110022 (M-09868832110) has approached us with a written complaint dated 15 July 2010 inter alia stating that he is a lowly paid postman of Vasant Kunj area and belongs to SC category. His son Vinit Kumar got admission in class IV under EWS (Economically Weaker Section) quota in the year 2006 in G.D. Goenka Public School, Vasant Kunj, New Delhi-110070. At the time of admission his income (salary) from all sources was Rs.6955/- per month (within the EWS limit of Rs.1,00,000/- per annum). His son in his earlier school was studying in class V, but in G.D. Goenka Public School he was admitted to class IV, mainly due to medium of education, syllabus and standard in various activities. A loss of one year was accepted by him because the school authorities admitted his son to such a prestigious institution and allowed free education and other facilities. Seeing his son getting good education and grow under the able guidance of the school staff, he was very happy and confident that he would do well and come up in life.


He also stated that his happiness was short lived as due to the steep rise in cost of living and then with the VI pay commission recommendations the salaries were revised. Although he still remains a humble postman, his pay crossed the EWS limit of Rs.1, 00,000/- per annum. The school authorities on getting the yearly pay certificate have raised and forwarded the Quarterly School Charges of Rs. 23,000/- from April 01, 2010, as the school authorities decided that the child is no longer eligible for free education under EWS and has to pay full fee at par with other students.


He further stated that the school authorities had called him to the school a couple of times and asked him to pay up the full school fee or withdraw the child from the school rolls. He pleaded with the school authorities that though after the pay commission recommendations and with his revised salary he is no longer within the EWS limit but even with this revised salary, he is unable to pay such huge fees of Rs. 23,000/- every quarter, over and above other expenses on education of the child. He also submitted in writing that with his meager salary and high cost of living, he is unable to pay full fees. In his desperation to ensure continuance of good education for his son, he even offered to pay fees within the means of a humble SC category Postman if concession is given. . He pleaded with the school authorities to allow the child to continue studying and finish his schooling from this school to which he had got admission under EWS quota. For the school to expel the child simply because his father was too poor to pay the exorbitant fees, would be humiliating and hurtful to the child After securing admission in 2006, both father and son, had rightly believed that by working hard, the child would pass out from a good school with greatly enhanced opportunities in life. For their dreams to be so crushed would be traumatic to the child, and completely antithetical to the spirit of the clause that enabled the poor to receive admission and to study in private schools that received land at concessional rates through the implementation of a land policy designed to serve a larger social purpose related to the “The adoption of the concept of a welfare state under the Constitution, the initiation of national economic planning, and the acceptance by the Parliament of a socialist pattern of society as the national objective,” (– A Note on Urban land Policy. TPO, 1961, pg. 3)


It may be well to remember that it was on the basis of the spirit of the Urban Land Policy after independence and of the Master Plan of 1962, both of which had chapters titled ‘social objectives of land policy’; that this school got the land on which it stands today in order to serve a larger social purpose. By the same egalitarian spirit, the child belonging to weaker sections became entitled to be admitted to the school and to receive free education in all the classes run by the school. Given this common root, when the DDA has not forced this school to leave its land simply because the value of land has risen exponentially; then is it not illogical and a mockery of social justice that this school, which is itself a recipient of land given as ‘nazul’, can arrogantly and cruelly expel a child simply because the father’s income has risen since the time the child was given admission?


Not only was this child expelled from the school for unjustifiable economic reasons, but he was further subjected to public humiliation and trauma. The Child’s father has further stated that on Monday, 12th July 2010, during school hours his son was lifted from the class and dropped at home without giving any reasons for the sudden decision of the school authorities. This caused unaccountable embarrassment and loss of face to the child at an age when they are most sensitive to being insulted or shamed in front of their peers- why- because he was poor. It was not as if the father had money and was unwilling to pay. He knew he was poor, and he also knew he was in this school, simply because of a right created by a humanitarian Constitution and egalitarian statutory instruments. Although he may not have understood these terms, he at least had the dignity that came from being the subject of a right. But even this cloak of dignity was whisked away by the school that day leaving him feeling degraded and small before his peers in the class.

The Honorable Minister is no doubt keenly aware that that the right to life was expanded to include the right to education so as to enable to the individual to live a life of dignity. When that dignity which should be given by education is instead taken away by the very institution, that ironically was created and endowed with land simply in order that may give education, then there can be no greater travesty of justice.


The trauma of the child did not end there. When the Child’s father immediately rushed to the school, the transfer certificate (TC) of the child was handed over to him. He was shell shocked and went completely blank and did not know what to say or do but only curse him for the lifetime opportunity his son has got and lost it too for no fault of his. He has then tried all his meager resources to do some thing for his son but failed to get any help from any individual or agency. He has been to various schools around to get admission but all the schools have no vacancy for class VIII in the middle of session. The child is very disturbed but there seems to be no solution to the problem in hand.


The child’s father has finally approached us with a ray of hope because he has heard that we have worked to get justice for many helpless persons like him.


The above said heartrending tale of a humble Postman reveals that there is something wrong with the existing provisions relating to EWS admissions in unaided private schools.


It is submitted that the provisions of Delhi School Education (Free seats for students belonging to Economically Weaker Sections) Order, 2006 to the extent it provides (Clause 4) that for continuation of free seat in the school, the annual income of the parents should not exceed one lakh rupees is totally arbitrary, contrary to the object underlying therein, against public interest and opposed to public policy. It is submitted that once a child is admitted in an unaided private school situated on a public land having been allotted to it on concession rates, it would be totally unconstitutional, illegal, arbitrary, against public interest, opposed to public policy, anti-child interest, contrary to the provisions of Delhi School Education Act, 1973, contrary to the provisions of Right of Children to Free and Compulsory Education Act, 2009, violative of Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India to permit a school to remove a child from the school merely because the income of the parents rises to exceed the limit prescribed. Such a limit is understandable at the time of initial admission of a child in a school, but once a child is validly admitted, he/she has every right to continue in school and complete the education till the last class in the educational institution on that land. Any attempt or action to remove such a child before completion of the end of all classes in the school is detrimental to the interest of such child. Therefore, the Delhi School Education (Free seats for students belonging to Economically Weaker Sections) Order, 2006 needs to be amended forthwith to ensure that once a child is validly admitted in a school under EWS quota, such a child shall have a right to continue his/her education under EWS category in such school till completion of school education even if the income of the parents at any stage exceeds the limit. If it is not done, EWS admission quota would be nothing but a mockery of purpose of allotting free/on concessional rates land to schools for the education of the children belonging to the weaker sections of the society.


I would like to invite your kind attention to the provisions of Section 2(d) of Right of Children to Free and Compulsory Education Act, 2009 (in short, RTE Act, 2009), [n1] which defines “child belonging to disadvantaged group” means a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate government, by notification. It is submitted that Master Vinit Kumar belongs to Scheduled Caste category and therefore, he is entitled to have the benefit of this provision and the school is not justified in removing him from the school. It is submitted that the implication of the provisions of the RTE Act, 2009 is that Master Vinit Kumar would continue to study without payment of any fee at least up to class VIII.


I would also like to invite your kind attention to the provisions of Section 16 of the RTE Act, 2009 which provides, “No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education”. It is submitted that Master Vinit Kumar is a student of class VIII and the expulsion by the school is in violation of the said Section 16 of the RTE Act, 2009. However, by virtue of the fact that the school is on land which was received at concessional rates from the government, Master Vinit Kumar is additionally entitled to continue education in the school, and cannot be expelled even after class VIII on the grounds of non payment of fees.


As I was apprehending such problem, I had written a letter to you way back on 06.10.2008 inviting your attention to the fact that the revision of pay under 6th pay commission might be a boon for many but has created acute crisis for class IV govt. employees as the education of their children in unaided private schools against free seats was threatened. It was submitted that as per 6th pay commission recommendations as accepted by the govt., the gross salaries of class IV employees of the government and semi-government establishments have exceeded Rs. 1 lakh annually, thus making them cross the income eligibility criteria for freeship. The schools are taking undue advantage of the same by demanding payment of full fee from the month of October 2008 and threatening the parents to expel their wards from the school if fee and other charges are not paid. Such unreasonable demand of the schools is defeating the very purpose of the free seats provision by snatching the right of free education from the innocent children of those poor parents who inspite of increase in salary, are in no better economic condition and they still cannot afford the private school fee and other charges.


In view of the above facts and circumstances, it is requested that you may kindly intervene in this matter and direct the management of G.D.Goenka Public School, Vasant Kunj, New Delhi-110070 to forthwith take back Master Vinit Kumar and allow him to continue his education in the school under EWS quota. It is also requested that necessary amendments in the Delhi School Education (Free seats for students belonging to Economically Weaker Sections) Order, 2006 may be directed so to ensure that once a child is validly admitted in an unaided school situated on the public land under EWS quota, such child shall have a right to continue his/her education in such school till completion of school education under EWS quota notwithstanding the limit of income of his/her parents. It is further requested that pending amendments in the 2006 Orders, a general direction may be issued to all the 394 unaided private schools (schools on public land) to not to expel any student having been admitted under EWS quota on the ground that his/her parents income had exceeded the limit of Rs. 1,00,000/- annually.


With regards,



Ashok Agarwal, Advocate
Advisor, Social Jurist,
M-09911101923

National Tragedy - Delhi Government School denies admission to Uzma Bano and Samreen Bano on the pretext of “overage”

To 16.07.2010
Hon’ble Smt. Sheila Dikshit
Chief Minister of Delhi
Delhi Secretariat
I.P Estate
New Delhi-110002

Sub: - National Tragedy - Delhi Government School denies admission to Uzma Bano and Samreen Bano on the pretext of “overage”

Respected Madam,

Is it not a national tragedy that government schools of the Capital City of India invariably denies admission to the students on one pretext or the other? The government schools are the only hope for the children of the masses and if these schools refuse to even grant admission to the children (leave aside the question of good quality education), where would these children go? Constitution of India may guarantee right to equality (Art.14), right to life with dignity (Art.21), right to education (Art.21-A) and right to social justice (Art.38) but the hard reality is that right to good quality education is only available to the children of the rich. It must be realized by the ruler of this country that the denial of good quality education to the children would only add children to the Army of Child Labour.

That Kumari Uzma Bano and Kumari Samreen Bano, both d/o Mohammad Zaffar, r/o D-156, Sharma Building, New Ashok Nagar, Delhi-110096 have been denied admission in class IX and VI respectively by the principal of Government Girls Senior Secondary School, New Ashok Nagar, Delhi-110096 on the alleged ground of “overage” despite the fact that Deputy Director of Education, District East had directed the principal to admit these girls in the school. It is not only most unfortunate but also illegal, unconstitutional, unjust, inhuman and unethical on the part of the Principal. Instances of Uzma Bano and Samreen Bano are only illustrative.

Kumari Uzma Bano has passed Class VIII from Purv Madhyamik Vidyalaya, Hetampuri, Masoli, Barabanki (U.P) in 2007-2008 whereas Kumari Samreen Bano has passed Class V from Madarsa Taleemud, Baryara, Barabanki, (U.P) in the academic year 2007-2008.

It is submitted that both these girls could not continue their studies due to family problem. However, in the year 2009-2010, their parents tried to get them admitted in Government Girls Senior Secondary School, New Ashok Nagar, Delhi-110096 but admission was denied. The parents have also approached the school this year for admission of their wards but the school has again denied them admission.

That thereafter, the parents approached us and we wrote letters dated 05.07.2010 to Mrs. Usha Kumari, Deputy Director of Education, District East with a request to help these


students in getting admission in Government Girls Senior Secondary School, New Ashok Nagar, Delhi-110096 in the academic year 2010-2011. The Deputy Director of Education made an endorsement on 06.07.2010 on the letter relating to Kumari Uzma Bano to the effect “H.O.S –Sarvoday Kanya Vidyalaya, New Ashok Nagar. Please admit in class IX”. The Deputy Director of Education similarly made an endorsement on 06.07.2010 on the letter relating to Kumari Samreen Bano to the effect “H.O.S –Sarvoday Kanya Vidyalaya, New Ashok Nagar. Please admit in class VI”.

It is submitted that thereafter, the parents and these girl students approached the said school but the Principal denied admission on the pretext of “overage”. It is submitted that Kumari Uzma Bano and Kumari Samreen Bano are not the only girls who have been denied admission by a government school but there are hundreds and hundreds of such girls who have been denied admission by the government schools in Delhi. It is no less a mockery of the Right to Education and moreover it exposes the government of Delhi which claims themselves to be serious about the education of the girl child. It is needless to say that due to realization of need of education in the present era of globalization, liberalization and privatization, more and more Muslim girls are coming forward to take education in Formal School system but the Government of Delhi has utterly failed to provide them the educational opportunity.

It is submitted that the action on the part of school to deny admission to these two girls is contrary to the provisions of Delhi School Education Act, 1973 and Right of Children to free and Compulsory Education Act, 2009 beside being violative of the fundamental Right to Education as guaranteed to these students under Article 21 (Right to life with dignity), Article 21-A (Right to Education) and Article 38 (Right to Social Justice) of the Constitution of India.

It is submitted that we have sent a phonogram dated 15/07/2010 to the Director of Education and to the Principal of the school requesting for immediate admission of these girl students but no response has been received so far. It may be stated that these girl students have valid transfer certificates with them.

You are therefore requested to kindly intervene in this matter on urgent basis and issue necessary directions to the Principal, Government Girls Senior Secondary School, New Ashok Nagar, Delhi-110096 to immediately admit Uzma Bano in class IX and Samreen Bano in class VI. It is also requested that the erring official responsible for harassment of the parents and the students may kindly be taken to task.

With regards,



Ashok Agarwal,
Advocate
Advisor, Social Jurist,
M-9811101923

RTE Postcard Campaign - More Students write to Chief Justice of Delhi High Court highlighting violations of their Right to Education

SOCIAL JURIST

A Civil Rights Group

To

Hon’ble Shri Dipak Misra
Chief Justice
Delhi High Court
New Delhi-110003

July 12, 2010

Subject: Grievances of children studying in Government Schools and MCD Schools relating to serious violations of their Right to Education

Respected Sir,

In continuation of our earlier letter dated 27.05.2010, we have the honor to bring to your kind notice the further serious violations of the Constitutional and the statutory rights of the children to free and compulsory quality elementary education as envisaged in Article 21 (right to life with dignity) and Article 21-A (right to education) of the Constitution of India and in Right of Children to Free and Compulsory Education Act, 2009 which have come to light during RTE POSTCARD CAMPAIGN on 04.07.2010 at the Bharat Ghar, Sector 15, Dwarka. Over more then 65 students and parents residing in J.J Colony,Bharat Vihar, Sector 15, Dwarka, and studying in different government schools and MCD Primary Schools in the neighbourhood schools gathered and wrote on the postcards addressed to you highlighting good and bad characteristics of their school and seeking your lordship’s intervention for realization of their rights. It is submitted that the campaign was organized by the Social Jurist, a civil rights group in collaboration with Aadhikar – a Dwarka Group of Volunteers with CRY (Child Rights And You). The Social Jurist consists of a group of lawyers and social activists dedicated to the cause of common man and particularly of the children. CRY is An Indian NGO that catalyses change in the lives of underprivileged children in India by restoring their rights. Aadhikar group of volunteers in Dwarka is a network of residents, professionals and students who believe every child has the right to enjoy their basic rights and conduct activities that range from creating awareness on child rights issues, advocacy in their own sphere of work or building locality based efforts to tackle the issues affecting children and their communities. In the larger scheme, the children were grateful that an education facility is available. However, it is also important to highlight the problems they face so that efforts are made to change for the sake of improvement. As many as 65 postcards are attached hereto for your kind perusal and consideration. A collation of the postcards information done by the Aadhikar Group is also attached for your easy reference.

Although the historic Right of Children to Free and Compulsory Education Act, 2009 which came into force on April 1, 2010 ensures that children between 6-14 years have access to free and quality elementary education, it must be realized that legislating laws is only half the work done. The government has made a promise to millions of children and it is necessary to ensure that the concerned authorities constantly assess the factors that go into preventing the children from attending school. The government and local authorities are obligated to provide schools, set benchmarks, rules of implementation etc regarding various provisions of the Act. The government has to work towards restoring the sanctity of the childhood of school-going children as well as out of school children, including children with disabilities.

It is understood that the Act aims at those who are not privileged enough to exercise their right to quality education. It has become crucial to inculcate equality in our society where large scale disparity prevails. Therefore, every child is equal before law and all of them should have access to the same quality of education. The responsibility of the concerned authorities does not end at bringing such children to school, the essence of the Act is that they actually attend school and complete their elementary education.

It is submitted that many children had a problems with lack of infrastructure facilities. Most of the government schools still do not have the most fundamental requirements like fans, furniture, doors, clean bathrooms etc. The cases of the students surveyed are telling testimony to this lack of essential facilities. (1) Sana, a student of Class VIII, Sarvodaya Kanya Vidyalaya, J.J Colony, Kakrola, complains that her school environment is unhygienic since the garbage is rarely cleared. Another student, (2) Mohinee, Class VII, Sarvodaya Kanya Vidyalaya, J.J Colony, Kakrola, complains that their bathrooms are very dirty. It is extremely crucial to maintain hygiene in a study environment; children should not be ill and falling behind their attendance. It is relevant to submit that one of the major causes of large scale drop-out of the girl students is lack of hygienic toilet facility in the schools. The infrastructure in some of the schools is incompetent and will not be able to withstand the sudden growth in demand that the Act has created. (3) Kuresa, Class VI, Sarvodaya Kanya Vidyalaya, J.J Colony, Kakrola, attends classes which are carried out on the ground. (4)Another student, Jyoti, Class VI, Sarvodaya Kanya Vidyalaya, J.J Colony, Kakrola has complained that they are exposed to open dust while their classes are carried out on the ground. (5) Sana, a student of Class VIII, Sarvodaya Kanya Vidyalaya, J.J Colony, Kakrola has complained that there are as many as 100 students in her class, which has disrupted the student-teacher ratio of the classroom and (6) Priti, Class IV, Nagar nigam School, Kakrola has also complained that there are no lights and fans in their school.

. Although a large number of teachers will be required to cater to the growing demand, Another aspect that requires attention is the quality of the teachers being recruited by these schools. The concerned authorities should have certain standards and norms for recruitment it certainly does not mean that anyone who is qualified will become a teacher. Teachers should be an ideal role model for their students. Teachers should be punctual and encourage curiosity. It is unfortunate that the teacher of (7) Taswar, Class III, Nagar Nigam Adarsh School, Kakrola beats the students and uses abusive languages-. Another interesting issue raised by (8) Simran, Class II, Nagar Nigam School, A-58, Bharat Vihar was that of monitor of the class bullying other students and also sometimes beating them. Are the teachers not paying any attention to this? This violates S. 17 of the Act which condemns physical and mental harassment of the child. On the other hand, teacher of (9) Shivani, Class III, Nagar Nigam School, Bharat Vihar, makes them clear garbage in school. Why is not anyone keeping a check on the behavior of these teachers? This is an unfortunate state of affairs. Should access to education of children come with the penalty of cleaning the school themselves?

Every child should be encouraged to indulge in co-curricular and extra curricular activities regularly. This gives them the opportunity to develop their interest and take their mind off academics. It is unfortunate that the school of (10) Vinod, Class IX, Sarvodaya Kanya Vidyalaya, J.J Colony, Kakrola does not have a playground and (11) Mansi, Class V, Nagar Nigam Bal Vidyalaya, Bharti Vihar cannot play or recreate because they are not allowed to play. Another problem that requires immediate attention is the Mid Day Meal scheme at these schools. (12) Mansi, Class V, Nagar Nigam Bal Vidyalaya, Bharti Vihar and (13) Puja, Class VII, Sarvodaya Kanya Vidyalaya, J.J Colony, Kakrola complain of the lack of food in their schools, they further say that those who distribute the food end up consuming more. The problems do not end here; many schools still do not have access to water and electricity etc.

Grave violations of the Act are taking place everyday. (14) Sana, Class VIII, Sarvodaya Kanya Vidyalaya, J.J Colony was asked to take an admission test, which according to Section 13 of the Act cannot take place, she was deprived of admission in one of the neighboring schools inspite of having cleared the test. It is unfortunate that the school authorities are the ones troubling parents when it comes to admission. One would expect them to provide the correct information, however they have made a mockery of the system by not admitting (15) Manisha, 12 years old girl, wants to go to school but she was refused admission in Nagar Nigam School. There are many children like Rizwana, Vimla Devi who have constantly attempted to get admission in neighboring schools and they have failed. Parents should be encouraged to come forward and complain, it is the only way the system will be regularly assessed.

The following problems were highlighted in the postcards:

1. DENIAL OF ADMISSION

a) Several parents of children seek admission in Nagar Nigam school but school denies admission. One ground for denial is that children residing in JJ Colony will not be admitted to MCD school.

b) A student gave admission test on 20^th April 2010 and passed out but she was yet not given admission in neighboring government school.

c) The school struck off the name of a student who went to his village and came back later and readmission has been denied by the school.

2. POOR QUALITY EDUCATION

a) Illegible postcards – most of the children could not write clearly and some were even unfilled showed the lack of proper grooming of the children at school.

b) Student teacher ratio - Most schools violate the prescribed student-pupil ratio of 30:1 and hence the teachers don’t give all her students individual attention.

c) In - operational computers - Schools have computers but they don’t work and schools do not have teachers for teaching computer to students.

d) Irregular / Absent Teachers - Computer teacher never comes to school.

e) Other subject teachers are also not regular.

f) Books supplied late to students

3. POOR INFRASTRUCTURE AND FACILITIES

a) Toilet block

i. Many schools do not have toilet facility.

ii. Most schools have dirty washrooms.

iii. Students are forced to clean toilets.

iv. The toilets are locked.

v. Washrooms are not constructed.

vi. Students have to go out instead of using dirty toilets.

b) Impure drinking water

i. No drinking water in school.

ii. Impure/ dirty water supply in school.

iii. Drinking water in school is salty and unfit for drinking.

iv. There is a case where students have found insect in the water.

v. Drinking water is rarely given in school due to which students carry their own water bottles.

c) Irregular Electricity

i. Fans and lights not working due to which children are uncomfortable in summers.

ii. Frequent power cuts

d) Shortage of desks and tables for children

i. Less numbers

ii. Most are broken and in bad condition

iii. Children forced to sit on ground or dari

iv. Children move desks from here and there and get hurt

e) Non functional Water coolers, irregular supply of water.

f) Lack of classrooms – students made to sit in tents or in open ground. Children get discomforted in the heat and when dust particles enter their eyes.

4. DEFICIENT AND POOR MID DAY MEAL

a) Unhygienic food - There is a case where students have found pieces of stone in the food.

b) Food supplied is unhygienic and not fit for eating and children have found insects in the food.

5. POOR OPPRTUNITIES FOR ALL ROUND DEVELOPMENT OF CHILD

a) Absence of sports facility and materials

b) If available, Sports accessories are not provided to students or students not allowed to use them

c) Playgrounds do not exist, and if they do exist, no swings or facilities for play

6. CRUEL PRACTICE OF CORPORAL PUNISHMENT

a) Teachers beat students and there is even a case of teacher grabbing student’s throat.

b) Teachers use abusive languages in class.

c) When students come late to school, teachers ask them to pick the garbage.

d) One of the reasons of corporal punishment is overcrowded classroom because the same is not possible to be managed by the teachers.

e) Students are instructed by teachers to clean classes and pick garbage from the floor.

f) Students pay for cleaning - Students have to give money for the payment of school staff responsible for cleaning. Students pay upto Rs.20 for broom and cleaning stuff for classrooms.

g) Teachers beat students.

h) Some children said that the monitor of their class bully other students and also sometimes beat them.

7. LACK OF SECURITY AND SAFETY - No red light or speed breaker in front of the school, there have been cases of accidents in the past.

8. STUDENTS FORCED TO TAKE UP SANSKRIT SUBJECT INSTEAD OF ENGLISH - Children’s choice to study in English is ignored by the school and one student scored 40% in the previous class and yet was denied English as a subject in class XI. The sole reason behind such a denial is to show good results of the school at the cost of student’s career. It is happening with thousands of students in Delhi government schools.

The above stated are only a fraction of the problems. It is unfortunate that access to education has been a constant struggle for the unprivileged and disempowered. The State was expected to bring all the children into school within ten years of the commencement of the Constitution but miserably failed. Unnikrishnan’s landmark judgment (1993) of the Hon’ble Supreme Court declaring right to education a fundamental right of every child has never been implemented. Now Article 21-A has been inserted in the Constitution which mandates State to provide free and compulsory education to all the children in the age group 6 to 14 years. Now that the Right of Children to Free and Compulsory Education Act of 2009 has been passed and come into force w.e.f. 01.04.2010. It is submitted that despite all these legislations and assurances, the children of the masses are continued to be deprived of their right to quality education. The need of the hour is to inculcate an accountability system wherein anyone who disobeys the protocol laid down by the Act will be answerable.

We, therefore, most humbly request you, Sir, to kindly take cognizance of these postcards and initiate appropriate proceedings against both the State Government and the Municipal Corporation of Delhi to redress the just, legal and bonafide grievances of the students of these schools relating to serious violations of their right to education.

Thanking you.

Yours Sincerely,

Ashok Agarwal, Advocate

Advisor, Social Jurist

M-09811101923