MISSION ADMISSION - RIGHT TO EDUCATION COMPLAINTS CAMPS

Social Jurist, A Civil Rights Group, All India Parents Association (AIPA) and Chetnalaya (NGO) shall organize Complaints Camps in front of all the 04 government schools in Jahangirpuri, Delhi on Saturday 02 July 2011 from 9 am to 12 noon. Lawyers, Law Students & Social Activists interested to participate in these camps are requested to please report at 9 am at Chetnalya office at C-394 & 395, Jahangirpuri, Delhi(contact person- Mr. Akbar Ali M - 9811564273)

Rajkiya Pratibha Vikas Vidyalaya (RPVV) illegally forcing 17 Class X passed students to leave the Vidyalaya

SOCIAL JURIST

28-06-2011

To,

Shri Arvindar Singh Lovely

Education Minister

Government of NCT of Delhi

Delhi Secretariat

IP Estate,

New Delhi – 110002

Sub: - Rajkiya Pratibha Vikas Vidyalaya (RPVV) illegally forcing 17 Class X passed students to leave the Vidyalaya

Dear Sir,

It has been brought to our notice that Rajkiya Pratibha Vikas Vidyalaya (RPVV), Lajpat Nagar – II, New Delhi has been forcing as many as 17 class X passed students to leave the Vidyalaya instead of granting them admission in class XI in Commerce stream in the same vidyalaya . It is submitted that the Vidyalaya is asking them to seek admission in any other school. Master Vinod Thapa, one of these students who has secured more than 72% marks in class X examination has given me a complaint in writing in this regard with a request to help him.

It is submitted that the said Rajkiya Pratibha Vikas Vidyalaya (RPVV), at Lajpat Nagar – II, has only 2 streams in class XI i.e. 1) Science and 2) Commerce. There is no Arts Stream available in the said RPVV. Therefore, all these students are legally entitled to admission in class XI in Commerce stream at least.

Your attention is invited to judgments of Hon’ble Supreme Court in cases of PRINCIPAL, CAMBRIDGE SCHOOL AND ANOTHER vs. PAYAL GUPTA (Ms) AND OTHERS [ (1995) 5 SCC 512 ] and PRINCIPAL, KENDRIYA VIDYALAYA AND OTHERS vs. SAURBH CHAUDHARY AND OTHERS [ (2009) 1 SCC 794].

It is submitted that the Hon’ble Supreme Court in the aforementioned decisions have prohibited the school from turning down a student because he / she fails to get the cut-off level of marks for admission in class XI.

It is submitted that the cases of above stated students of Rajkiya Pratibha Vikas Vidyalaya (RPVV) are squarely covered by the law laid down in the aforementioned judgments and they are entitled to be promoted/ admitted in class XI in commerce stream at least in the said Rajkiya Pratibha Vikas Vidyalaya (RPVV), Lajpat Nagar- II , New Delhi.

You are therefore requested to kindly look into the matter and to do the needful ensuring that Rajkiya Pratibha Vikas Vidyalaya (RPVV), Lajpat Nagar – II instead of turning down these students out of the Vidyalaya, grant them admission in class XI in Commerce stream in the academic year 2011-12.

With Regards,

Ashok Agarwal

Advocate

Advisor, Social Jurist

9811101923

DELHI GOVT RPVVs ILLEGALLY FORCING STUDENTS TO LEAVE VIDYALAYA

COME FORWARD AND FIGHT FOR YOUR RIGHTS

Delhi Government run Rajkiya Pratibha Vikas Vidyalaya (RPVV), Lajpat Nagar II, New Delhi has told as many as 17 Class X passed students to leave the Vidayalaya and seek admission in Class XI in any other school on the alleged ground that the marks having been secured by them in Class X CBSE Examinations do not make them eligible to admit/promote them to Class XI in Commerce Stream in the RPVV. The RPVV Lajpat Nagar is having only two streams in class XI i.e. Science and Commerce.

These students have a legal right to continue their education in the same RPVV till Class XII. Therefore, the action on the part of the RPVV in not granting admission/promotion to these students in Class XI in Commerce stream in the same RPVV irrespective of the marks secured by them is illegal and unconstitutional. One of these students has already approached me for taking up the matter in the High Court. All or any student who is similarly denied the right to continue studies in RPVV and wish to fight for his right may contact me immediately. Cases of all these students will be taken up by me in the Delhi High Court totally free of costs.

DISCRIMINATORY TREATMENT WITH ECONOMICALLY WEAKER SECTION PATIENTS

FREE TREATMENT FACILITY IN PRIVATE HOSPITALS – The Monitoring Committee of Government of Delhi of which I am also a member, on 24.06.2011 inspected four hospitals, namely, Jaipur Golden Hospital, 2 Institutional Area, Sector-2, Rohini, Delhi-85, Bhagwan Mahavir Hospital, Sector-14, Extn. Madhuban Chowk, Rohini, New Delhi-85, Bhagwati Hospital, C-S/OCF-6, Sector-13 Rohini, Delhi-85 and Saroj Hospital & Heart Institute, Sector-14, Extn., Madhuban Chowk, Rohini, Delhi-85. In Bhagwan Mahavir Hospital, there are three beds earmarked for ews patients. Out of these three beds, two were occupied by the ews patients and third one was lying vacant. Both these ews patients were put in an isolated room which by no means was suitable for keeping any patient therein. It was also much inferior to the Economy Ward (paid). It was a clear case of discriminatory treatment meted out to these ews patients by the Hospital. The Committee directed the Hospital to immediately shift these ews patients to the Economy Ward and compliance report be submitted to the DHS.

MOCKERY OF RIGHT TO EDUCATION – Govt.Co-ed School Jasola

One disturbing fact highlighted earlier was that the despite the school being co-ed, girls and boys have been segregated in Hindi medium sections. Another disturbing fact is that all the Sections are over crowded ; VI-A 94 students, VI-B 82 students, VI-C 72 students, VI-D 80 students,VII-A 105 students,VII-B 80 students, VII-C 77students, VII-D 78 students, VIII-A 100 students, VIII-B 100 students, VIII-C 100 students, VIII-D 88 students, VIII-E 86 students, IX-A 106 students, IX-B 93 Students, IX-C 70 students, IX-D 70 students, IX-E 71 students, X-C 69 students, X-D 71 students.

Gender Discrimination in Delhi Govt. Co-ed Schools

WHY IS IT SO?????????

Delhi Government Co-ed School at Jasola.

(Having 2111 students including over 1000 girl students)

Class 6^th

There are total 6 Sections . 2 Sections are exclusively having Girls enrolled and 3 Sections exclusively having Boys enrolled and all these 5 Sections are Hindi medium. 6^th Section is English medium having both Girls and Boys enrolled.

Class 7^th

There are total 6 Sections. 2 Sections exclusively for Girls & 3 Sections exclusively for Boys and all these 5 sections are Hindi Medium. 6^th Section is of English Medium and is having both Girls and Boys enrolled.

Class 8^th, 9th and 10^th

There are total 5 Sections in each 8^th, 9th and 10^th classes. 2 Sections in each of these classes are exclusively for girls and the rest of the 3 Sections in each of these classes are exclusively for boys and all the section are Hindi Medium.

Presently, there is no English Medium Section but it will come up in the next academic year when Class 7^th students of English medium would be promoted to class 8^th.

Such a Gender Discrimination Practice is also prevalent in Government Co-ed School at Tuglakabad .There is possibility of prevalence of such unfair and unjust practice in many more Delhi Government Co-ed Schools.

Ashok Agarwal, Advocate

Advisor, Social Jurist

M-09811101923

16 June 2011

(respond at –E mail: juristashok@gmail.com)

AIDED AND UNAIDED PVT SCHOOLS SANS SPECIAL EDUCATORS - SOCIAL JURIST WRITES TO DOE,GNCTD AND COMMISSIONER, MCD

To,

The Director of Education,

Government of NCT of Delhi,

Old Secretariat Building,

Civil Lines,

Delhi – 110054

14 June 2011

Dear Sir,

You may be certainly aware of the fact that almost all unaided and aided private schools in Delhi whether recognized by the Government of NCT of Delhi or by the Municipal Corporation of Delhi do not at all have both physical and academic infrastructure in their schools for the education of children with disabilities. For instance, Special Educators (Special Education Teachers) are very much needed for the education of children with disabilities and more particularly, for the children with disabilities suffering from visual impairment, hearing impairment and mental retardation. Unfortunately, all these schools sans special educators. These facts have even been verified on the basis of information having been gathered by us through the Right to Information Act.

Needless to say that children with disabilities have the Right to Education even through these unaided and aided private schools. Moreover, the fact that children with disabilities have been added in the definition of ‘Child belonging to the Disadvantaged Category’ within the meaning of Section 2(d) of the Right of Children to Free and Compulsory Education Act, 2009 vide your notification dated 07.01.2011 in terms of which they are entitled to be considered for admission and freeship in unaided recognized private schools to the extent of 25 % makes it more essential that the unaided recognized private schools must have both physical and academic infrastructure for the education of these children with disabilities. The present scenario is that these aided and unaided schools are avoiding or denying admission to the children with disabilities on the ground that they do not have physical and academic infrastructure for the education of these children. This is not only unfortunate but also illegal and unconstitutional.

Reference is made to a decision dated 16.09.2009 of a Division Bench of the Hon’ble Delhi High Court in case of PIL WP(C) No. 6771 of 2008 entitled Social Jurist, A Civil Rights Group v. Govt. of NCT of Delhi & Ors whereby the Hon’ble Delhi High Court directed state and local body run schools to have 2 Special Educators in each school. It is submitted that such directions deserve to be extended to all unaided and aided private schools of Delhi.

In terms of Rule 43 of Delhi School Education Rules, 1973, you are empowered to issue directions for implementation of the provisions of Delhi School Education Act, 1973.

It is, therefore, requested that directions may be issued to all aided and unaided private schools to ensure that they shall have atleast 2 Special Educators in each school for education of children with disabilities. Directions may also be issued to these schools to ensure barrier free environment for the benefit of Children with Disabilities.

With regards,

Ashok Agarwal, Advocate

Social Jurist, Advisor

M-09811101923

Violation of Child Rights – Complaint against Summer Field School, Kailash Colony

SOCIAL JURIST

To

The Chairperson,

Delhi Commission for Protection of Child Rights

5^th Floor, ISBT Building,

Kashmeri Gate, Delhi-11006

06-06-2011

Sub: Violation of Child Rights – Complaint against Summer Field School, Kailash Colony

Dear Sir,

Shri Rashid Ahmad Khan, parent of Master Ayaan Ahmad Khan has brought to our notice that Master Ayaan Ahmad Khan, a student of class XII B in Summer Field School, Kailash Colony, New Delhi had been critically injured on 30 March 2011 during school hours on account of the school’s negligence. It is stated that on 30 March 2011 around 11:35 am during lunch break the students were in playful mood, they were pushing the door of class from both ends. Master Ayaan was trying to go inside the class from outside. As he pushed the door, his hand met with the glass on the upper part of the door and was broken by a slight force only as it was already loose, after this he could not control his hand from falling on his wrist on the remaining broken pieces of glass still struck on the door ,he had hurt his right wrist with one major and one slightly small cut. He was taken to Sehgal nursing home by the school clinic incharge as she saw him badly injured. Ayaan had to undergo a surgery on his right wrist for almost two hours and was plastered for 21 days. Even after getting his stitches cut and wound healed he had to take a physiotherapy for about three months and his hand may take six months to heal from inside properly.

It is submitted that all the treatment that Ayan received in the nursing home was billed to Rs. 36 thousands and for the medicines and the consultation to doctor and bandage which is approximately Rs 3000/- per week is continuing. Apart from this the mental trauma caused to the whole family and physical pain that Ayaan is suffering can not be compensated by any means. However, the school must bear the cost of treatment for Ayaan by the nursing home as it would at least convey a message that that the quality of glass used on the class door was very poor, hence, this unfortunate accident and the same is the case with all the glasses used in school.

It is also submitted that that parents think school as the safest place for their kids after homes and if the building of school is so unsafely made how will the parents get confidence in school. The same can happen again to some other student if corrective steps are not taken as it seems that the glass used does not meet the safety standard. It is submitted that the safety and security of the student in the school during school hours is of paramount importance and the breach of the same tantamount to violation of right to education.

It is submitted that the kids cannot be barred from playing and school is a place where they will most definitely play with friends. So we can not find fault with the kids for playing in the school. As it is Summer Fields now has no space left for the students to play like before. It is needless to say that right to play is one of the most important rights of the kids which cannot be ignored by any school.

The parent has written a letter to the school as back as on 12.04.2011 followed by a reminder but the school has not bothered to even respond to these letters. It is, therefore, requested that necessary action may be taken against the school to ensure safe and sound environment to the students.

With regards,

Ashok Agarwal, Advocate

Advisor, Social Jurist,

M-09811101923

DELHI POLICE BRUTAL MID-NIGHT ATTACK ON INNOCENT PEOPLE - LAWYERS WRITES TO DELHI HIGH COURT CHIEF JUSTICE

BRUTAL MID-NIGHT ATTACK BY DELHI POLICE ON INNOCENT PEOPLE- LAWYER WRITES TO DELHI HIGH COURT CHIEF JUSTICE DEMANDING JUDICIAL INQUIRY

To

Hon’ble the Chief Justice,

Delhi High Court, New Delhi-110003

05.06.2011

Sub: Inhuman, unjust and most undemocratic brutal mid-night attack by Delhi Police on thousands of innocent people – Request to take action against Delhi Police

Respected Sir,

Though I am not a Baba Ramdev's supporter but at the same time, I am shocked to see the inhuman, unjust and most undemocratic brutal mid-night attack by Delhi Police on thousands of innocent people.

All television channels are showing the pictures that Delhi Police in large number entered into Ramlila Ground at about 1.30 am on Sunday 05.06.2011 and started forcibly removing the agitators therefrom in which large number of people sustained injuries. Even women were not spared. The police used stones, sticks and tear-gas shells. Several people (number not known) were detained by the police and their whereabouts are not known. Several people were pushed into police vehicles and it is not known where these people were taken.

Delhi Police Chief says that the permission was only to the extent of 5000 people but the gathering gone on to 40-50000 people which violated the condition of the permission. The points here are: Why the police did not intervene when numbers of people were exceeding 5000? Why the police chose only mid-night to come into action to remove the people?

It is submitted that such a mid-night brutal attack by the Delhi Police on thousands of people who had gathered from different parts of the country at Ramlila Ground is totally illegal, unjust, arbitrary, most undemocratic, repeat of emergency excesses, unconstitutional and violative of human rights.

It is, therefore, requested that the present letter may kindly be treated as PIL and appropriate directions including directions for initiating judicial enquiry by a retired High Court Judge may kindly be issued.

With regards,

Ashok Agarwal, Advocate

Advisor, Social Jurist

483, Lawyers Chambers Block II,

Delhi High Court, New Delhi-110003

M-09811101923