KENDRIYA VIDYALAYA SANGATHAN HAS GONE COMMERICIAL

KVS decision to increase tuition fee is unconstitutional, contrary to Articles 21 and 21-A of the Constitution. Article 21-A of the Constitution very clearly mandates the State to provide free education to all the children in the age group six to fourteen years. KVS is a State funded school and therefore, there is no question of charging of any fee from the students. Instead of increasing fee, the KVS ought to have abolished all the fee as envisaged in the Constitution. All India Parents Association (AIPA) demands immediate withdrawal of the increase in fee.

VOTE BANK POLITICS OR JUSTICE TO THE DEPRIVED

It was all interesting to watch Rajya Sabha proceedings today on Constitutional Amendment Bill relating to promotional quota for SC & ST in Government Services. Is it all vote bank politics or our parliamentarian are really serious to do justice with the deprived section of the society?

22-28/12/12 - VISIT TO REMOTE VILLAGES OF MAHARASHTRA

From 22 to 28 December 2012, I will be visiting some of the remote villages of Amravati District of Maharashtra to make a holistic study of implementation of various social laws like Forest Act, Employment Guarantee Act, Minimum Wages Act, Right to Education Act etc and impact thereof on the living conditions of the villagers. Friends may suggest to add anything more to this study. Ashok Agarwal, Advocate M-09811101923

POOR WORKER WINS CASE FOR FULL BACK WAGES AFTER 21 YRS OF LEGAL BATTLE

In a landmark judgment, the Delhi High Court (Mukta Gupta J) awarded full back wages to Ms. Asha Verma against Ceat Limited holding that it was an ideal case where the workman was entitled to full wages till the date of her superannuation. Ms. Asha Verma through her counsel Mr. Anuj Agarwal had challenged the Award of the Labour Court whereby though her termination was held to be illegal but she was granted a lump sum compensation of Rs.1.75 lakhs instead of reinstatement and back wages. Ms. Verma had rendered 24 years of service with the Ceat Limited and had remained unemployed after her service was terminated at the age of 45 years. During the pendency of her case before the Labour Court, she attained the age of superannuation. The trial lasted for more than 17 years for no fault of her. The Labour Court came to the conclusion that if the management had terminated her services on the ground of continuous absence from the duty, the management ought to have given an opportunity to the workman to explain her absence from duty and a domestic enquiry should have been conducted by the management prior to termination of her services. Agreeing with the arguments of Advocate Anuj Agarwal that the workman Ms. Verma was entitled to full back wages, the High Court on 05.12.2012 (W.P. © No. 7802 of 2008) directed the Ceat Limited to pay to Ms. Verma within 8 weeks full back wages from the date of termination of her services till date of superannuation i.e., from 16 August 1991 to 27 November 2007.

A report on various visits of Lawyers Plus team

Lawyers + team is a group consisting of lawyers as well as non-lawyers who works for a common social cause. The primary motive of the team is to make people aware of their Right to Education (RTE) and Right to Health (RTH), especially the vulnerable section of society i.e., the Slum Dwellers who are seldom aware of their legal and basic rights. This awareness programme is carried out by the Lawyers + Team of Social Jurist led by Advocate Ashok Agarwal by visiting a slum area every weekend. This small but strong & substantial social affair continues for two hours. The team starts its activity at 8.00 am and seeks to cover the large portion of that area and disseminate their objective by interacting with the slum dwellers (door to door) on right to education and right to health. To make it more influencing, hand-bills, postcards and visiting cards of Advocate Ashok Agarwal is circulated all around so that it can have a striking effect on people. Moreover photographs are also captured by the team of the present scenario of that area. The hand- bill exhibits on one side the specific and most important points on RTE & RTH in brief. In addition a list of few contact persons including lawyers & non-lawyers is provided (especially personal & official contact details of Adv. Ashok Agarwal), making it convenient for people to approach them any time in need. The other side of the hand-bill furnishes a list of 46 private hospitals which are constructed on government land and as per the Supreme Court orders these hospitals have to provide free medical treatment to the poor patients (whose family income is below 7254/- p.m). 10% (IPD) bed and 25 % O.P.D is reserved for the poor patients. The post cards are mainly distributed to the school children so that they can write down their grievances highlighting serious violations of right to education regarding their school teachers or any problem related to their school. A brief description of few visits conducted by Lawyers+ Team 1. MADANPUR KHADAR, SARITA VIHAR RESETTLEMENT AREA (Dated: 09/09/2012) The team comprising of around 10-12 volunteers reached the decided place at 8:30 am. Madanpur Khadar, resettlement colony. It occupies a vast area in Sarita Vihar, but the houses in this colony are very closely and compactly built. The visit started by distributing hand-bills and post cards in the usual manner. People were also made aware about their legal rights and the team activity. Thereafter, the Team held a RTE PIL Postcard Campaign meeting with the school going students of the area. Over 200 students of classes V to XII of MCD and Govenment Schools in Madanpur Khadar area participated and 185 students wrote postcards addressed to the Delhi High Court Chief Justice highlighting serious violations of right to education. 2. VASANT KUNJ JHUGGIES (Dated: 16/09/2012) The very foremost thing you get to see on reaching the vasant kunj slum area is- almost whole slum was smothered around the water tankers for filling up their containers. We were guided by Prof. Nalini Juneja who is a resident of Vasant Kunj and very much familiar about the slum. On interacting with them it was found that scarcity of water is a big problem prevailing in that area and to fill water from tankers is a routine work which consumes their lot of time. Literacy rate is very low in this area. Slum dwellers were seem to be least bothered to send their children to school. But, there were few children who were studying in good public schools too. One of the children was admitted to Delhi Public School. There was a boy who was suffering from a skin disease and was unable to treat it properly, though his family was spending lot of money on his daily medicines. The mother was advised and referred to a good private hospital by the lawyers plus team. It was also found that in one slum, a child was missing and according to them there were rise in the kidnapping cases in that area. 3. ANNA NAGAR (Dated: 02/10/2012) The Slum was adjacent to World Health Organization, India separated by a big naala (drainage). There literacy rate decreases as we go inside the slum. There was indication of massive illiteracy. It was found that one NGO was already working there for years and trying to improve the condition of the people in slum. The small portion of that slum is from tamil society whose occupation is mainly rag picking. We have felt that main problem of this tamil community was their poor understanding of hindi (local language) and sanitation problem. There were many children who were in bad habit of chewing gutkas and who were least interested to join any school. 4. OKHLA (Dated: 14/10/2012) Our Lawyer plus team led by Adv. Ashok Aggarwal reached the place with around 10-12 volunteers. We reached by 8.30. and continued till 10.30. There was a media team of AAJTAK, they have covered our activities and have interviewed Advocate Ashok Agarwal to know the programme in a better way. The area was muslim dominated. It was very near to Jamia Milia Islamia University and one Urdu University. But on entering the caves of the slum, the whole light of knowledge disappeared because the slums started crying out of problems within. It’s a big slum consisting of scattered community like rag pickers, Bangladeshi migrants etc. But one common problem all were facing, for e.g. illiteracy, unawareness and unhygienic environment. There were open drains(which become worst during rainy season), garbage , mismanagement of sanitation etc. 5. WEST VINOD NAGAR, MAYUR VIHAR, PHASE-I (Dated: 28/10/2012) The slum is located on the side lane of the main road but still the condition was very poor. It was a mixed community. People were not aware about their rights and there were many legal issues relating to ration card. All problems were due to lack of legal literacy. This community was full of children, so we have found lots of cases pertaining to right to education law. The team has observed that: • There were many cases of corporal punishment. In that sequence one of the child was hit by iron scale leading to a major hurt on his finger, which was still not medically treated. He was suggested a private hospital by team leader. There were some students who said that they are hanged and thrown with the help of their ears. The intense pain was easily expressed by the children of that slum but with a smile. The expression was through the postcards which gives the aggrieved children an opportunity to participate in law implementation. It was provided by the leader of our team. • Good thing was maximum children of this slum were admitted to the school. Everybody told that school is very near to their place, so nobody escape the opportunity. We can deduce from this fact that if the access to basic services is easily available, almost everyone approach it but with legal awareness, all these approaches of welfare State will come true. 6. JANTA COLONY SLUMS, JAFFARABAD, SEELAMPUR: (2-12-12, 9:00-11:00 P.M) We have started our slum visit with a narrow lane which was hap hazarded with lots of people, livestock, garbage, children running by etc. As every slum area has its own character, and among our other visits of slum, this slum was bigger and most narrow and complex with most untidy environment. It was mainly industrial area surrounded by small house structures. The worst thing about these small scale industries was the number of child labours working inside. Many were found illiterate citing economic conditions they were bound to work and loose the hands of education. While going inside the lanes we have found that the children who are with their family they at least send their children to school but there were cases where the children were withdrawn from school and were still struggling for school admission, for e.g. one woman was telling that she took her child to a school but they refused to take him due to age determination certificate. She has revealed that teacher asks for janampatri from her. There were many cases of illiteracy due to child labour in this area. One middle ages person was suffering from some infection in his hand since long but was unable to get right medical treatment; the team leader referred him to good private hospital with no fee as he was coming under EWS. There were lots of children in this area and was showing denial of right to health of children. There were butcher shops with no proper hygiene. As much as we were entering the depth of this slum, we could smell the mismanagement of sanitation. Overall it was children dominated area but with lots of child labour and illiteracy. By: ADVOCATE RAJESH DEOLI PRIYANKA PRASHAR

Speak English or Pay Fine - Unjust Rule prevalent in St.Thomas School - AIPA writes to U.P. Chief Minister

ALL INDIA PARENTS ASSOCIATION Agarwal Bhawan, G. T. Road, Tis Hazari, Delhi – 110054 To Shri Akhilesh Yadav Chief Minister Government of Uttar Pradesh 5, Kalidas Marg Lucknow, Uttar Pradesh 07.12.2012 Subject: Speak English or Pay Fine - Objectionable rule prevalent in St. Thomas School, Indirapuram, U.P. Dear Sir The parents have brought to our notice the highly objectionable, unreasonable and illegal rule imposed by St Thomas School, Gyan Khand-II, Indirapuram, Ghaziabad upon its students. Under this rule, the students are required to compulsory speak English even for personal communication amongst each other within the school premises. If any student is found speaking in Hindi, his or her I-card is confiscated and he or she is made to pay a penalty of ten rupees to get the I-card back. Teachers have been assigned the task of monitoring the implementation of this rule and to keep an eye upon the students for this purpose. It is to be noted that the school does not give any receipt in lieu of the penalty paid, nor is there any transparency about how much money is collected by way of this exercise, towards which fund it is appropriated and how it is utilized. However, the larger question is of the freedom of expression, personal liberty and respect for one’s mother-tongue. Firstly, such sort of a gag-order against Hindi-speaking is grossly violative of the right to freedom of speech and expression guaranteed under Article 19 (1) (a) of our Constitution. The Preamble to our Constitution also guarantees liberty of expression to all its citizens. It is also a well-recognized human right which features as Article 19 in the Universal Declaration of Human Rights. Freedom of choice of language is integral to the freedom of expression. The absolute restriction upon Hindi-speaking is by no means a reasonable one and therefore cannot be sustained. Secondly, an institution can determine the language of official correspondence, but so far as personal communication is concerned, it is nobody’s business to dictate which language is to be used. It is purely a matter of personal choice. By commanding the students to use only English in their conversations itself is a violation of their personal liberty and privacy. Further, it is implicit in this dictat that the teachers assigned the task of monitoring the implementation of this rule shall be spying upon and listening to all the conversations between the students all the time, which is a gross violation of the students’ privacy. The students may have several topics of discussion amongst each other including teachers’ performance and the school-which are best left free from the teachers’ spy-network. Thirdly, it is unnatural to expect an individual not to speak his mother-tongue in his daily life. Even when an individual settles away from his linguistic territory, he still continues to use his own language in his interactions with people belonging to his own linguistic community. In addition to natural tendency and instinct to speak one’s mother-tongue, it is also a question closely related to one’s cultural self-esteem and sense of homeliness. Even some of the teachers of the school who belong the Malayalam speaking community converse in Malayalam amongst each other in the school and there is no reason why only Hindi-speaking should be so penalized. The Preamble of our Constitution assures “dignity to the individual”. When a student is penalized for speaking his own mother-tongue, it is very likely that his self-pride or sense of dignity and linguistic sentiments are hurt. Speaking one’s own language is thus equated to committing a wrong by way of this rule which is derogatory to Hindi as a language. Howsoever laudable the purpose of preparing the students for the global jobs market may be, it cannot justify such punitive measure which compels a child to give up his first language, his vernacular. English is only a second language to the students and it cannot forcefully be imposed as a replacement of the first language. It is needless to emphasise that Hindi has been declared by the Constitution to be the Official language of the Union under Article 347 of our Constitution. It is highly useful to help students retain their touch with Hindi and also to polish their expression ability in Hindi. This would not only better equip them for their future but also help promote interest for the highly rich Hindi literature, which is the most authentic source of understanding our society. The over-emphasis upon English speaking at the cost of Hindi is resulting in ignorance of Hindi literature amongst the young generation. This phenomenon is not only affecting the development of the literature but also resulting in widening of the urban-rural divide. The balance between global and jobs-market compulsions on one hand and the need for understanding our society and urban-rural cohesion on the other hand has to be meticulously maintained as the same is to have a crucial bearing upon all aspects of our country’s future in the times to come. I sincerely appeal to you to reflect upon the issue, look into the same and issue appropriate directions to this school to stop this practice, thereby giving out a clear message to the all other schools and the society at large. Further, since the money has been illegally collected by the school, the school must be instructed to refund to the students all the money so collected and not to indulge in any such illegal collections from the students or parents in future. With regards Ashok Agarwal, Advocate National President, AIPA M: - 09811101923

JOIN SUNDAY 09.12.2012 PROGRAMME

Lawyers plus Team of Social Jurist led by Advocate Ashok Agarwal will visit J.J.Camp (Slums) Shabad Dairy, Delhi-42 on Sunday 09 December 2012 from 9.00 am to 11.00 am to interact with the inhabitants (door to door) thereof on right to education, right to health and labour rights. From 11.00 am to 1.00 pm, there shall be RTE PIL Postcard Campaign in which over 100 students of classes V to XII of the Government Schools of the area are expected to participate. Those interested to join us may please reach A Block Bus Stand, Shabad Dairy, Bawana Road at 9.00 am sharp. Contact Person Dharamveer Kumar M-9711369191

Akshay Pratishthan School expels Class VIII student in violation of RTE Act, 2009

Social Jurist A Civil Rights Group To The Director of Education Government of NCT of Delhi Old Secretariat Building Delhi-110054 November 23, 2012 Subject: Complaint against expulsion of class VIII student Master Akash Paswan by Akshay Pratishthan School, Vasant Kunj Dear Sir I have received a complaint from Class VIII student Master Akash Paswan, S/o Shri Birju Paswan, R/o 35/9, Kishan Garh, Vasant Kunj, Delhi-110070, Mobile No. 9312599267 against Akshay Pratishthan School, Sector-D, Pocket-III, Delhi-110070, that the school has expelled him on the ground of alleged misconduct and has refused to take the him back in despite repeated requests and apologies tendered. The alleged misconduct pertains to leaving the school premises during school-hours without permission for a short duration on October 19, 2012. I have also personally spoken to the School Principal but the Principal is adamant not take the student back in. The action taken by the school is clearly violative of Section 16 of the Right of Children to Free and Compulsory Education Act, 2012 which reads as under: Prohibition of holding back and expulsion—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 further submitted that the alleged misconduct attributed to the child is of minor nature and it is the responsibility of the school to provide counseling to the child for his mistake. Instead, the school has chosen to wash its hands off and jeopardized the child’s fundamental right to education in addition. You are requested to direct the school to take the child back in with immediate effect so that his studies can be continued as the child has already been out of school for more than a month. With regards Yours truly Ashok Agarwal, Advocate Advisor, Social Jurist M: 09811101923

Stop Corporal punishment - Govt & MCD schools Students write postcards on Diwali Day to Delhi HC Chief Justice

To Shri D. Murgesan Hon’ble Chief Justice High Court of Delhi New Delhi 22.11.2012 Subject: School-students’ post-cards from Badli on issues concerning their Right to Education Respected Sir Under the Social Jurist’s RTE-PIL-postcards campaign, I visited the Badli region of Delhi on Nov. 13, 2012, on the day of Deepawali to interact with school-children residing in that area and discuss their education-related problems. Despite Deepawali, the children gave an over-whelming response. Over a hundred students gathered there to participate in the discussions. Some 53 students wrote post-cards on the spot addressed to you highlighting the problems they face in their schools. Out of these, 34 pertain to Delhi government-run schools, namely (1) Rajkiya Sarvodaya Kanya Vidyalaya, Badli Village, Delhi-42, (2) Rajkiya Kanya Varishth Madhyamik Vidyalaya, Samaypur, Delhi-42 and (3) Rajkiya Varishth Madhyamik Bal Vidyalaya, Badli, Delhi-42 and 19 pertain to (4) MCD Primary School, Sector-18, Rohini, Delhi. These 53 post-cards are enclosed herewith for your kind consideration. The crux of these post-cards is made out as under: 1. Rajkiya Sarvodaya Kanya Vidyalaya, Badli Village, Delhi-42 (14 post-cards) The students of this school face the following problems: Regarding infrastructure and provisions i) Window-panes are broken, exposing the children to the chilling winter-breeze ii) Desks are in a damaged state iii) The mid-day meals are not provided in time. Further, the quality and hygiene of mid-day meals is very poor and insects are also found in the same Hygiene iv) Students’ toilets remain very dirty; only teachers’ toilet remains clean. There is no water supply either in the students’ toilets. Academic and administrative issues v) Students are asked to broom the classrooms themselves vi) Some of the teachers come to class but leave without teaching vii) Students are not allowed to have access to drinking water facility viii) Some teachers abuse and assault the students. ix) Some students come from very far and therefore get late occasionally. On being late, they are heavily scolded and made to stand for a long period as a way of punishment x) Students are made to stand outside the class for the whole period for occasional omission in following the complete uniform code xi) When any parent brings lunch-packet for the student to school, he/she is returned and not allowed to deliver the lunch-packet to the student. 2. Rajkiya Kanya Varishth Madhyamik Vidyalaya, Samaypur, Delhi-42 (1 post-card) The student has highlighted the problem of corporal punishment prevalent in this school. The student has complained that the PT Instructor named Suman abuses and assaults the children. 3. Rajkiya Varishth Madhyamik Bal Vidyalaya, Badli, Delhi-42 (19 post-cards) The students have largely praised the improvements brought in by the new Principal, yet many problems persist. These problems can be clubbed as under: Hygiene and infrastructure: i) Toilets remain very dirty and the same are never cleaned. Thus, the students tend to avoid using them. Only teachers’ toilet remains clean. ii) Drinking water-taps are often dry. iii) Lots of garbage remains deposited around the water-taps. iv) Black-boards are damaged. Academic and administrative issues: v) Teacher-absenteeism is rampant and students are not taught in school, therefore they tend to flee from the school before the scheduled time. vi) Teachers usually remain absent from the classrooms and handover charge to the class-monitors who ill-treat and heavily assault children. On complaining to the teachers, the same don’t take any action vii) Teachers heavily assault students. One of the students has complained about the Science teacher assaulting children without any mistake on their part. viii) Abusive atmosphere, snatchings and indiscipline among students goes unheeded by the teachers. ix) Some teachers come to school but do not take classes. x) As soon as the school gets over, students rush out and start fighting amongst each other. No one monitors their peaceful exit. xi) Some students bully others; teachers do not address the problem on being approached. 4. MCD Primary School, Sector-18, Rohini, Delhi (19 post-cards) Following problems are revealed from the post-cards written by the students of this school: Hygiene-related issues i) Students’ toilets always remain dirty; only teachers’ and Principal’s toilets remain clean. There is also absence of water-supply in the students’ toilets. Students have to urinate in the open. ii) Insanitary conditions prevail in the school. Dirty water from the toilets seeps alongside the stair-case. Sweepers are employed but they do not work properly. Infrastructure and provisions iii) Students have to sit on torn durries as there are no desks iv) Window panes are broken v) Fans do not work vi) Quality of the mid-day meals supplied is also poor Corporal punishment vii) Quality of the mid-day meals supplied is poor viii) Corporal Punishment ix) Students have complained about teachers assaulting students. There is also a suggestion of abusive language employed by teachers towards students. You are requested to take necessary action in the matter so that the students studying in these government-run schools can avail of their fundamental and statutory right of education in letter and spirit. With regards Ashok Agarwal, Advocate Advisor, Social Jurist M-09811101923

Unaided Private School illegally punishes students with fines

Parents have informed me that the Faith Academy (Recognized Unaided Christian Minority Senior Secondary School), John L. Dorsey Road, Prasad Nagar, New Delhi-110005 (Phone 011-25748208) has been adopting the following arbitrary, unjust and illegal practice of imposing fines on the students:- (1) If desk is found broken Rs.3000/- (2) If student is found without proper hair-cut Rs.1000/- (3) If student is found without proper nail-cut Rs.1000/- (4) If suspension of student is withdrawn Rs.5000/- Parents are requested to write to me at Email: juristashok@gmail.com if something similar is happening with their wards in the schools. Ashok Agarwal, Advocate M-09811101923 11.11.11

ARTICLE ON IMPLICATIONS OF DELHI HC JUDGMENT ON KVS ADMISSION POLICY FOR PUBLICATION & CIRCULATION

IMPLICATIONS OF DELHI HIGH COURT JUDGMENT ON KVS ADMISSION POLICY BY ASHOK AGARWAL, ADVOCATE & SOCIAL ACTIVIST The impact of the Hon’ble Delhi High Court decision of 09.11.12 (W.P.(C) No. 4194 of 2011 & W.P. (C) No. 801 of 2012) declaring that Kendriya Vidyalaya Sangthan (KVS) Admission Policy 2011-12 & 2012-13 for admission in Class I introducing reservation to the extent of 22.5% for SC/ST in the total 25% seats reserved under Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) for the children belonging to Disadvantaged Group (DG) & Economically Weaker Section (EWS) is illegal and contrary to RTE Act, 2009 and directing KVS to reframe its Admission Policy in the ensuing Academic Year 2013-14, is not limited to the KVS Admission Policy only. It is also bound to have serious impact on most of States RTE Rules framed in regard to the admission of the children belonging to DG/EWS against 25% reserved seats in unaided non-minority schools in their respective Stated under RTE Act, 2009 and also on the nursery admission criteria guidelines dated 23.11.2010 framed by the Central Government (adopted by Delhi Government on 15.12.2010) in regard to admission of children against 75% seats (General) in unaided non-minority schools. It is submitted that most of the States through State RTE Rules or Regulations have one way or the other have applied the rule of reservation/ order of preference/ allotment of specified number of seats amongst the candidates out of 25% of seats reserved for children belonging to economically weaker section and disadvantaged group under Section 12 (1) (C) of the RTE Act, 2009. Let us take few illustrations. Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010 has laid down the order of preference as well as allotted specified seats to different categories of the candidates within the categories of the candidates falling in DG/EWS. The order of preference and allotment of seats are: (i) Orphan, HIV affected and disabled – 5%, (ii) SC – 10%, (iii) ST – 4% and (iv) Weaker Section – 6% (Total 25%). Karnataka Right of Children to Free and Compulsory Education Rules, 2012 has laid down that the percentage of allocation across various categories shall be notified by the Government. It is submitted that the Hon’ble Delhi High Court in the above decision has observed, “No case law needs to be referred to hold that guidelines cannot either override the provisions of the Act or a right conferred under the Act for the matter.” The Hon’ble Court has also observed, “Section 12(1)(c) of the Act does not contemplate any classification among the children belonging to weaker section and disadvantaged group.” The Hon’ble Court further observed, “ A combined reading of the definition of child belonging to disadvantaged group and a child belonging to weaker section and a child with disability as defined under Disabilities Act, 1995 does not permit a further classification from among the children falling under those categories.” It is very clear from the observations of the Hon’ble Court referred above that the States cannot frame rules and regulation contrary to the provisions of RTE Act, 2009. Therefore, the States which have made any kind of categorization or classification or introduced preference or reservation through framing of Rules or Regulations among the categories embodied in the definitions of child belonging to the Disadvantaged Group or child belonging to the Economically Weaker Section for the purpose of 25% seats reserved for the children belonging to DG/EWS in unaided non-minority schools have to amend the same in the light of the above decision. There is one more important aspect. The Central Government by its Guidelines dated 23.11.2010 purported to have been framed under Section 35 of the RTE Act, 2009 gives a free hand to all the unaided private schools to frame their own admission criteria based on categorization of the students for admission of children in pre-school (Nursery) or Class I against 75% seats (General). The Government of Delhi has simply adopted the said Guidelines vide order dated 15.12.2010. Pursuant to these Guidelines, the Unaided Schools have framed the nursery admission criteria based on categorizing the children as suiting to the business interest of these schools. It is submitted that the Social Jurist has challenged the validity of the aforesaid Guidelines before the Hon’ble Delhi High Court on the ground that the same are contrary to the provisions of Section 13 read with Section 2 (o) of the RTE Act, 2009 as much as the same tantamount to “Screening Procedure” which is not only prohibited but is also an offence under RTE Act, 2009. Our contention in the case is that in terms of RTE Act, 2009, all the children have the equal right to be considered for admission in the school and no child can be given preference over the other child on any ground. The case is pending for disposal. It is submitted that though the above decision is in the context of admission of children against 25% seats reserved for children belonging to DG/EWS but the observations made by the Hon’ble Judges in the decision, in my view, are equally applicable to the admission of children in nursery classes in all unaided non minority private schools against 75% seats (General). It is submitted that the Hon’ble Court in the above decision while examining the scope of Section 35 of the RTE Act, 2009 observed, “Section 35 can be pressed into service only for the purpose of implementation of the provisions of the Act and not to dilute the right conferred thereunder. Hence, the contention of the school that the classification made pursuant to the guidelines issued under Section 35 of the Act is only liable to be rejected.” It is submitted that nursery admission criteria being presently followed by the unaided non minority schools would also be hit by the above decision of the Hon’ble Delhi High. It may also be stated here that since the Hon’ble Delhi High Court has interpreted the provisions of a Central Act, the law laid down therein is legally applicable to the entire country. Email: juristashok@gmail.com

KVS ADMISSION GUIDELINES ILLEGAL – SAYS DELHI HIGH COURT

A Division Bench of Delhi High Court headed by the Chief Justice has today declared that Clause 5(3) of Kendriya Vidyalaya Sangthan (KVS) Admission Guidelines for admission in Class I introducing reservation to the extent of 22.5% of the total 25% seats reserved for the children belonging to disadvantaged group and economically weaker section is illegal and contrary to RTE Act, 2009 and directed KVS to reframe its Admission Guidelines in the ensuing Academic Year 2013-14. The Court was dealing with PIL filed by Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal challenging the legality of the KVS Admission Guidelines pointing out that KVS has provided 22.5% reservation to SC/ST category within the 25% reserved quota for children belonging to disadvantaged group (also including SC & ST) which was not permissible under the RTE Act since it translates into “reservation within reservation” and was invalid. The Court had examined a legal issue of wide ramification as to whether a school falling under the definition of Section 2(n) of Right of Children to Free and Compulsory Education Act, 2009 could apply rule of reservation and allot a specified number of seats to SC and ST candidates out of 25% of the seats reserved for the children belonging to Economically Weaker Section and Disadvantaged Group under Section 12(1) (c) of the Act. The Court has rejected the KVS arguments that it has powers under the law to introduce reservation within reservation in 25% seats reserved for DG/EWS under RTE Act, 2009. On the other hand, the Court has accepted the arguments of Ashok Agarwal, counsel appearing on behalf of Social Jurist that the KVS has reserved a total 10 seats under 25 percent quota and out of these 10 seats 9 have again been reserved for SC/ST class leaving only one seat to be shared by EWS, handicapped and other disadvantaged groups, which is violation of RTE Act, 2009. “According to the scheme of the RTE Act, 2009, the reserved category of 25% should have equal weightage for SC/ST, OBC, disabled or children from EWS and they form one homogeneous class and is entitled to equal treatment and no class can have preference over the other. The categories mentioned in Section 2(d) and 2(e) of RTE Act, 2009 form one group/class for the purpose of 25% reservation of seats in KVS for children belonging to disadvantaged group and EWS in terms of Section 12(1)(c) of RTE Act, 2009 and cannot be legally sub-divided or sub-categorized but the KVS has introduced quota within quota thereby 90 percent of seats in 25% seats have been provided to SC/ST students. Such a sub-classification or micro classification of the categories mentioned in Section 2(d) of RTE Act, 2009 which already takes care of SC/ST children is impermissible under the Constitution and contrary to the law”, Ashok Agarwal had contended. Advocate Ashok Agarwal while expressing satisfaction with the judgment told media that several State Governments while framing the Rules under RTE Act, 2009 have introduced quota within quota in 25 % seats meant for DG/EWS which is illegal and after this judgment, they all have to amend the rules dropping quota within quota. Ashok Agarwal, Advocate M-09811101923 09.11.2012

Ban completely all kinds of fireworks during Dewali Festival - AIPA writes to Delhi Chief Minister

ALL INDIA PARENTS ASSOCIATION AGARWAL BHAWAN, G.T.ROAD, TIS HAZARI, DELHI-110054 To The Chief Minister of Delhi Government of NCT of Delhi Secretariat, New Delhi-110002 08.11.2012 Sub: Ban completely all kinds of fireworks during Dewali Festival Respected Madam, You are aware of the fact that the haze that has covered the Capital for the last seven days is still continuing without any sign of retreat. Nilam, the cyclonic storm that originated over the Bay of Bengal and moved towards Tamil Nadu coast is cited as a reason for this untimely foggy weather. The high density of air pollution in the Capital is also cited as a contributory reason. We are heading for Dewali festival this year. We all know that use of lot of fire-works take place during this festival season. Keeping in view the conditions having been created by the unabated haze over the Capital, it would not be at all in the interest of the health of the people here to allow use of any fire-works during Dewali festival this year. We, therefore, request you to consider for total ban on the use of fire-works during Dewali Festival this year and request you to issue necessary orders immediately in this regard. With regards, Ashok Agarwal, Advocate National President, AIPA M-09811101923

Pernicious practice of corporal punishment in Delhi Govt Schools - Social Jurist writes to Delhi Education Minister

SOCIAL JURIST A Civil Rights Group To Mrs. Kiran Walia, Delhi Education Minister Government of NCT of Delhi Secretariat, New Delhi-110002 29.10.2012 Sub: Complaint of Corporal Punishment in Delhi Government Schools Dear Mrs. Kiran Waliaji, During Lawyers Plus Team visit to Ravidas Camp, near Mother Dairy, Patparganj, Delhi on Sunday 28/10/12, several students have complained to us about frequent practice of corporal punishment in their schools. Class VI student namely Dharamjeet resident of E 119/32, Ravidas Camp, near Mother Dairy, Patparganj, Delhi-92 (M-9958476575) of Government Sarvodaya Bal Vidyalaya, Shakarpur, Delhi92 has shown us his injured finger which was the result of merciless and cruel beatings by his teacher Shri Veer Singh with iron scale few days back. Similarly, Class VIII student namely Ashish Gupta of Government Sarvodaya Bal Vidyalaya, West Vinod Nagar, Delhi has complained to us that his teacher beats up the students with leather belt and abuses them with filthy words. These students have even expressed their woes in writing on the postcards. These postcards and some of the photos are enclosed hereto for your ready reference. It is submitted that the aforementioned instances are only samples. The pernicious practice of corporal punishment in Delhi Government Schools as well as in MCD schools is continued unabated despite prohibition under Right of Children to Free and Compulsory Education Act, 2009. It is really a very serious matter. We sincerely hope that you may take immediate serious action against the erring teachers. With warm regards, Ashok Agarwal, Advocate Advisor, Social Jurist M-09811101923

School in UP charges fee from class VIII students – Lawyer writes to Allahabad HC Chief Justice to take action on RTE PIL Postcards

ASHOK AGARWAL 483, Block-II Advocate Lawyers Chambers, Delhi High Court New Delhi-110003 M-09811101923 E-mail: juristashok@gmail.com To Hon’ble Shri Amitava Lala Acting Chief Justice Allahabad High Court Allahabad, U.P. October 26, 2012 Subject: Illegal fee-charging by Girls’ Inter College, Sasni, Hathras, District, U.P. in violation of the RTE Act, 2009 Respected Sir I, Ashok Agarwal, an advocate by profession have been working actively in the field of right to education for the past 15 years. Under the RTE-PIL Postcard Campaign, I have been receiving postcards on violations of the right to education by students from across the country. As part of the same campaign, I have received several post-cards from a student namely Nisha Kumari and a social worker Ms. Sarita Kumari from Hathras regarding charging of fee to the tune of Rs. 600 per child per year by Girls’ Inter College, Sasni, Hathras, Uttar Pradesh (The postcards are enclosed herewith for your consideration).The student is in Class VIII and is still being made to pay fees. The student has expressed that she belongs to a very poor Sheduled Caste family and has three sisters. Her father is unable to bear the fee-expenses and her studies are likely to be discontinued soon due to financial constrains. It is respectfully submitted that under the Article 21-A of our Constitution as well as under The Right of Children to Free and Compulsory Education Act (RTE Act), 2009, which came into force on April 1, 2010, every child has a right to free and compulsory education upto Class VIII. Section 3 of the RTE Act is reproduced below: 3. (1) Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary education. (2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education. It is submitted that the Girls’ Inter College, Sasni, Hathras is fully owned and controlled by the Government of Uttar Pradesh. Under Section 12 (1) (a) of the RTE Act, a school established, owned or controlled by a government or local authority is bound to impart absolutely free elementary education to all the students on its roll. Section 12 (1) (a) reads as under: 12 (1) For the purposes of this Act, a school- (a) Specified in sub-clause (i) of clause (n) of Section 2 shall provide free and compulsory elementary education to all children admitted therein; Section 2 (i) (n) is reproduced below: 2 (n) “school” means any recognized school imparting elementary education and includes— (i) A school established, owned or controlled by the appropriate government or a local authority In view of the above-cited provisions of the Act, the act of the Girls’ Inter-College, Sasni, Hathras of charging fee from students of Class VIII and below, is in clear violation of the law of the land. The school must stop illegal charging from the students and also refund all charges on account of school fee collected from April 2010 onwards. It is therefore requested that this letter along with the post-cards enclosed hereto may kindly be treated as a Public Interest Litigation and necessary directions to the authorities as may deem fit and proper to your good self be issued. Yours Sincerely Advocate Ashok Agarwal Mobile No. 09811101923 E-mail: juristashok@gmail.com

44 students write postcards on dismal state of affairs in Delhi Govt Schools - Social Jurist writes to Delhi Education Minister

SOCIAL JURIST 478-479, Lawyers Chambers A Civil Rights Group Western Wing, Tis Hazari Courts Delhi-54, Phone: 23910014 To Hon’ble Prof. Kiran Walia Minister of Education Govt. of NCT of Delhi Delhi Secretariat New Delhi-110002 October 25, 2012 Subject: Dismal state of affairs prevalent in Delhi Govt. Schools Dear Madam, Through this letter, I wish to draw your attention towards the sorry state of affairs in the government-run schools of our city. As these schools are the mainstay of our schooling system where the masses send their children, the quality of these schools is of peculiar concern to all of us. I have been receiving post-cards and letters from school-students across the city in which they narrate their hardships. One such batch of post-cards has been recently received by me from students and parents of Government Senior Secondary School, Radhey Shyam Park, Delhi-51. In these 44 postcards, students and parents have highlighted a wide range of problems ranging from unhygienic conditions to lack of quality teaching. It is a double shift school with a cumulative strength of several thousand students, but it runs without even the most basic amenities such as drinking water. The gist of these problems is produced below: PROBLEMS PERTAINING TO HEALTH AND HYGIENE 1. Highly unhygienic conditions prevail generally in the school. Heaps of garbage keep lying here and there. There is not a single garbage-bin in the school. The school in itself looks like a garbage-bin. Stray dogs enter the building and classrooms and excrete in the classrooms. Water-logging is also there. Walls are also very dirty and have not been white-washed for years. Moreover, there are abusive words written on them. 2. Toilets also remain full of filth and pose a health-risk to the students. They are also devoid of water supply. Sometimes, the toilets are locked, forcing children to urinate in the open, which causes additional mess. The stink from the toilet reaches upto the classrooms and spoils the environment. There is no water in the school even for washing hands. 3. Mosquito-breeding is also rampant in the school. One of the school-children has also got infected with Malaria due to mosquitoes. 4. There is no provision of clean drinking water in the school. The drinking water tank is never cleaned and usually dry. There is also garbage-deposition around the water tank. Only two taps give out water occasionally. The water drawn from them tastes bitter. Children often fall ill by consuming that water. Some children bring their own water-bottles but that water cannot last whole day long and also becomes hot in summers. 5. The quality of mid-day meals is also poor. PROBLEMS REGARDING INFRASTRUCTURE 6. There is shortage of electric provisions in the classrooms. Fans are in broken, damaged and non-functional state. Further, electric supply itself is a rare phenomenon. The problem of electricity leads to reduced attendance in summers. 7. In classrooms, there are either no desks or broken desks. Small students are made to sit on shabby and torn durries. 8. The black-boards have not been polished or painted for years and have turned dull. In the absence of proper lighting, it is very difficult to see what is written on them. Poorly lit classrooms, absence of working fans and proper sitting arrangement makes it particularly difficult for students to write their exams. 9. Window panes are broken which brings chilling air to the classrooms in winters. 10. The roofs of the classrooms are made of tin, from which lizards often enter and fall down upon the students. 11. There is also no greenery in the school. ACADEMIC AND ADMINISTRATIVE ISSUES 12. There is a great shortage of teachers in the school. There is no teacher for Urdu in the school due to which, the students are facing a lot of difficulty. 13. The teachers of the school do not teach properly and do not pay attention towards the children. Very few periods are conducted. Teacher-absenteeism prevails. 14. The Principal of the school pays no attention towards the problems of the school. The school-authorities do not listen to the parents of the children. 15. There is apparently no guard employed in the school. One of the students has complained that on one of the days, an outsider woman entered the school during lunch-time and started beating up the students indiscriminately with a cane. The students could not even take their lunch properly because of the same. The absence of a guard is also apparent from the fact that students enter and leave the school at any time of the day. 16. PT periods are not conducted properly in the school. 17. Teachers make students broom the classrooms. Since such problems are a common feature in most of the Delhi-Government schools and are crippling the very foundation of our education system, we look up to you in hope that in your tenure, the conditions in this school and other schools run by the Govt. of NCT of Delhi will be ameliorated. With warm regards Ashok Agarwal, Advocate Advisor, Social Jurist M-9811101923 25.10.2012

RTE & RTH HELPLINES - PLEASE CIRCULATE IT WIDELY IN PUBLIC INTEREST

Please circulate it widely in public interest. Ashok Agarwal, Advocate M-09811101923 16.10.2012

POOR STATE OF GOVERNMENT HOSPITAL

Despite charging Rupees Three Thousands for MRI from the poor parents (BPL Holders), Delhi Government run Lok Nayak Hospital failed do the MRI of one year old child suffering from neck tumor. Firstly, they were told that MRI machine was non-functional and to come on 01.10.2012 and when they came on 01.10.2012, at about 2.30 pm they were told that MRI was not possible due to Doctors’ strike and they were told to come on 17 October 2012. When the parents asked to return Rs.3000/-, they were told that it was not so easy. Disgusted with state of Lok Nayak Hospital, the mother and the child approached Advocate Ashok Agarwal for help. Ashok Agarwal talked to the Medical Officer of Bensup Hospital, Dwarka and thereafter referred the patient to Bensup Hospital for totally free treatment under EWS category. On reaching, the patient was examined by the Doctors at Bensup Hospital and was advised to come again on Wednesday 03.10.2012 for further treatment.

A HOPE FOR THE YOUNG CANCER PATIENT AND GREAT RELIEF FOR HER RELATIVES

PLEASE SHARE THIS STORY - A 19 years old critical patient Sabia (BPL Card Holder) of Dehradun suffering from Lever Cancer has today approached the AIIMS for treatment. AIIMS referred her case to Safderjang Hospital on the ground that no bed was available. Safderjan Hospital told the patient that it has no objection to her admission but the kind of treatment, she required was not available in the Hospital. Ms. Ishrat Jahan who was accompanying the patient noticed my name and mobile number written on a Notice Board displayed in the AIIMS's premises and called me around 8 am today. She told me that the patient's condition was very critical and she has been taken back to AIIMS where she has been kept in the Emergency on temporary basis and the AIIMS has been telling them that the AIIMS could not provide bed to the patient. She was not at all aware of the provisions for free treatment in the identified private hospitals in Delhi for the EWS patients. I made her aware about the same and advised her to meet EWS Nodal Offier at AIIMS and request her to refer the patient to Max Super Specialty Hospital, Saket for treatment under EWS Category where the patient could get the best medical treatment all free of cost. I have just been told by Ms. Ishrat Jahan that the Nodal Officer at AIIMS has talked to his counter part at Max Super Specialty Hospital, Saket and the patient would be transfer tomorrow morning to Max Super Specialty Hospital, Saket.

GREAT VICTORY FOR CHILREN WITH DISABILITIES IN EDUCATION RIGHTS – DELHI HIGH COURT DIRECTS PVT SCHOOLS TO HAVE SPL EDUCATORS

In a landmark judgment of 5th September 2012 (copy made available today) in PIL (C.W. (C) No.4618 of 2011) filed by Social Jurist through Advocate Ashok Agarwal, a Division Bench of Delhi High Court has directed all the recognized aided and unaided private schools in Delhi to appoint Special Educators and to make their building/school premises barrier free so to provide free movement/access to children with disabilities. The Court has further directed the DOE, Government of NCT of Delhi to ensure compliance of the directions issued by it and to take action for de-recognition against the erring schools. The Court, however, granted time up to 31st March 2013 to the schools to, if not have already done, make their school premises barrier free/access free. The Court granted the said time having regard to the fact that Section 19 of the RTE Act has given three years from 1st April, 2010. The Court further granted time of two years to appoint Special Educators. However, schools where children with special needs are already admitted or will be admitted hereafter shall immediately make provision for Special Educators and further order that no school shall refuse admission to children with disability for the reason of not employing Special Educators or not providing barrier free access in the school premises.

FREE MEDICAL TREATMENT IN PVT HOSPITALS - PLEASE SPREAD THE MESSAGE WIDELY IN PUBLIC INTEREST

Most of the people are not aware of the facility of totally free treatment to the patients belonging to the economically weaker section (whose family income is up to Rs. 7020/- per month) to the extent of 10% IPD and 25% OPD in 45 identified big private hospitals of Delhi. EWS patient from any part of the country is eligible for this facility. In the absence of such awareness most of these private hospitals are looting the poor patients who are otherwise eligible for totally free treatment. No documentary proof of any kind is required to show the family income. Mere declaration by the patient or his or her relative is enough proof of the income. The declaration form has to be supplied by the Hospital itself. When a patient is referred by any government hospital to any of the identified private hospital under ews category, the declaration form is filled up at the government hospital and is sent to the private hospital along with the patient. It is all a matter of right and also a great opportunity to be availed of. Please spread this message widely in larger public interest. Today, the High Court appointed Monitoring Committee of which I am a member visited two hospitals, namely, Max Super Specialty Hospital, Saket and G.M.Modi Hospital, Saket for inspection. Out of 30 free-beds in Max Super Specialty Hospital, only 8 beds were found occupied and out of 10 free-beds in G.M.Modi Hospital, only one bed was found occupied. The same is the situation with most of the other identified private hospitals. Ashok Agarwal, Advocate M-09811101923 22.09.2012

POOR GIRL OR POOR HOSPITAL

11 years old Neha is suffering from Brain Tumor and is admitted in Delhi Government run Lok Nayak Jaiprakash Hospital since 31 August 2012. Her condition is critical. Her father, Anil Prashad is in a private service with salary of 6000 rupees a month. On 3.9.12, the Doctor advised for MRI. 10 September was given for the MRI. The father was asked to deposit Rs.6000/- on account of MRI cost with the hospital. Despite poor economic condition, the father somehow managed and deposited Rs. 6000/- with the hospital. There after, he was told that the MRI machine was non-functional and next date of 20 September was given. On 20 September, the father was again told that MRI machine was non-functional and again next of 25 September was given for MRI. When the father objected to it, he was told to get MRI done from outside. When father asked for the refund of Rs.6000/-, the Doctor told him that it would take at least two months time as the money was lying with government department. Feeling harassed and loosing all hopes from the LNJP Hospital, the poor father has today approached me for arranging free treatment in some private hospital. I immediately talked to Dr. Himanshu Shekar, EWS Nodal Officer of Bensups Hospital at Dwarka and he agreed to take the patient. Anil Prashad is expected to take the patient to Bensups Hospital tomorrow.

STUDENTS’ POSTCARDS REVEAL SHOCKING STATE OF AFFAIRS IN GOVT AND MCD SCHOOLS – DELHI HIGH COURT

Delhi High Court (A.K. Sikri ACJ & Rajeev Sahai Enlaw J) today expressed great displeasure over the state of affairs going on in Government and MCD schools wherein students are mercilessly beaten up by teachers, teachers remain absent for lectures and a dismal state of infrastructure prevails. Taking cognizance of the petition by Advocate Ashok Agarwal, based on 181 post-cards written by the students of Delhi government and M.C.D. schools in Madanpur Khadar to the Delhi High Court Chief Justice, and taking notice of the moving contents of the petition, the Division Bench consisting of Acting Chief Justice A.K. Sikri and Justice Rajeev Sahai Endlaw issued notices to the Government of NCT of Delhi and M.C.D directing them to file their response within 4 weeks. The school-children had written moving post-cards narrating the conditions in these schools, on issues ranging from corporal punishment to infrastructure and quality of teaching. Students had written that they are consistently abused and beaten up with fists, kicks, flinging shoes, sandals and canes. Some teachers fling shoes towards students for pointing out the teacher’s mistakes. Others are beaten up with shoe-blows for using teachers’ toilets, while students’ toilets are in an unusable state. Some teachers play Cricket in school instead of teaching. 140-150 students are made to accommodate in one classroom having not more than 20-30 benches. Classrooms have broken ceilings through which rainwater comes and collects in the classrooms and walls give electric shocks. “In the absence of conducive environment in the schools, the constitutional guarantee of quality education shall remain elusive”, argued Advocate Ashok Agarwal. Next date of hearing is 07.11.2012. Ashok Agarwal, Advocate 19 September 2012 M-09811101923

UNAIDED PRIVATE SCHOOL PUNISHES CLASS IX STUDENT FOR ALLEGED FAULT OF MOTHER

Upras Vidyalaya,Vasant Marg, Vasant Vihar, New Delhi-110057, an unaided recognized private school has rusticated Master Abhishek Kumar Singh, Class IX A student from 16.08.2012 on the alleged ground that his mother Ms. Meera Singh had attacked the principal on 11.08.2012 and filed a report in the police station against the school’s management and principal. Abhishek’s parents have approached the Directorate of Education. The Director of Education has asked the school to take back the student but the school is adamant to not to allow him to continue his studies in the school. It is totally illegal, unfair and unjust on the part of the school to punish the student for the alleged fault of the student’s mother.

SUPREME JUDGMENT TILTS IN FAVOUR OF POWERFUL & AGAINST POWERLESS PEOPLE

Supreme Court verdict laying down constitutional principles for postponement of reporting of sub-judice matter in my humble opinion tilts in favour of powerful people and against powerless people. The doctrine of “postponement of reporting” propounded by the Hon’ble Supreme Court will only be abused by the powerful and the corrupt politicians, bureaucrats and businessmen to suppress the voice of innocent victims of the heinous crimes. Laws & Judgments need to be pro-people.

ALL IS FAIR TO SAVE THE CHILDHOOD

Last week, a man from Delhi Holambi Kalan Resettlement Colony approached me. He came to my chamber along with his five children, the eldest one was girl and the rest were boys. His wife left all of them last year. He wanted me to help him to bring his wife back as in her absence, he was unable to look after the children. On my query, he told me that all his children except the eldest girl are attending the school. He further told me that her daughter was studying in class VIII but now he has withdrawn her from the school as she has to cook food for all of them. On hearing all this, I got angry and threatened him that if he would not get her daughter readmitted in the school the same day, I would put him in jail. So far as his problem with his wife is concerned, I told him that would I see later on. The gentleman was so much terrified that he got her daughter readmitted in the school same day. Now she is attending the school regularly.

Class VI student writes postcard saying, "HAMARE CLASS ME PANKHE NAHI CHALTE AUR TEACHER KE LIYA KURSI NAHI HAI"

Class VI student Master Manish Kumar of Government Sr. Secondary School, Chandan Hala, New Delhi-74 has written a postcard to Advocate Ashok Agarwal saying Classrooms are without fan and teacher is without chair. It is interested to note that on a single day i.e. 22.08.2012 I have received as many as 38 postcards from the students of Chandan Hala area studying in (1) MCD Primary School (2) Govt.Boys Sr Secondary School and (3) Priyadarshni Sarvodyaya Kanya Vidyalaya seeking my intervention in improving the physical conditions of their schools. In one of the postcards, class III student of MCD Primary School has said that she wants to play in the play ground of the school but she is unable to play as the playground is always filled up with water. Ashok Agarwal,Advocate M-09811101923 01.09.2012

COMPLIMENTS TO COMMUNIST PARTIES BY A GENTLEMAN ON MORNING WALK

During a talk among a group while walking in the morning today, one of them was heard by me commenting: "All parties are not corrupt. Communist Parties are not corrupt. Mamta is not corrupt. West Bengal has a lowest rate of corruption" How do you like these comments? Please write.

SCHOOL DENIES ADMISSION TO BLIND GIRL STUDENTS - SJ WRITES TO DOE

SOCIAL JURIST A Civil Rights Group To, 1. The Principal, Rashtriya Virjanand Andh Kanya Vidhyalaya, J- Block, Vikaspuri, New Delhi-110018 2. The Director of Education, Govt. of N.C.T of Delhi, Old Secretariat Building, New Delhi-110054 29.08.2012 Dear Sir, Km. Sita d/o Sh. Mukh Lal and Km. Ranjana d/o Late Balram Paswan, both 100% visually impaired have approached us for taking up their cause. Both these students had been studying in Rashtriya Virjanand Andh Kanya Vidhyalaya,J- Block, Vikaspuri, New Delhi-110018 since class VI and had also been given hostel facility in the said school. The said school have appeared in class X C.B.S.E examination 2010-12 and qualified the same. The process for admission in class XI started from 09.07.2012. Both these students approached the school on 09.07.2012 for admission in class XI in the academic year 2012-13. Both the students have been denied admission despite direction by the Deputy Director of Education. The denial of admission to the said students is totally illegal, arbitrary, malafide, unjust, unethical, unfair and violative of Articles 14, 15, 21 and 38 of the Constitution of India, contrary to the law laid down by the Hon’ble Supreme Court in Cambridge School vs. Payal Gupta (1995) 5 SCC 512 and Principal, Kendriya Vidhyalaya vs. Saurabh Chaudhary ( 2009 ) 1 SCC 794, contrary to the provisions of PWD Act, 1995 and otherwise also bad in law. The said school is a Govt. aided school and is governed by the provisions of Delhi School Education Act, 1973. The said students are entitled to automatic promotion/admission in class XI in school and are also entitled to the facility of hostel as they were earlier provided with. It is unfortunate that despite clear contraventions of provisions of Delhi School Education Act, 1973 by the said school, the Director of Education has not taken any action against the school till date. It is therefore, called upon to the Principal, Rashtriya Virjanand Andh Kanya Vidhyalaya,J- Block, Vikaspuri, New Delhi-110018 to forthwith grant admission to Km. Sita and Km. Ranjana in class XI and also to provide hostel facility, failing which appropriate further legal action shall be taken against the school. Director of Education is also called upon to take appropriate action against the school failing which appropriate legal action shall be initiated also against the Director of Education. With Regards Kusum Sharma, Advocate President, Social Jurist M-09818026552

SUCCESS STORY - READMISSION OF 12 CLASS FAILED STUDENT IN KENDRIYA VIDYALAYA

A 12 class failed student of Kendriya Vidyalaya, I.N.A. New Delhi was denied readmission in the same school.His father after reading a news in the Delhi Newspapers that Delhi High Court has issued notice to Rukhmani Devi Jaipuria Public school which had denied readmission to its Class 12 failed student, approached to me on 19 August 2012. On 20 August (EID Holiday), I sent a phonogram to the Commissioner, KVS and the principal, KV, INA, New Delhi telling them that the denial of readmission was illegal. On 22 August evening, I got a call from the parent who informed that the school has granted re-admission to his son.

9000 STUDENTS WITHOUT ELECTRICITY IN SCHOOL

Many boy and girl students studying in double shift Delhi Government run Zenat Mahal Sr Secondary School, Jafrabad, East Delhi have informed me today on telephone that BSES has disconnected the electricity of the school since 22.08.2012 for non-payment of electricity bill amounting to Rs.22,38,383/-. Nearly 9000 students are studying in the school and are facing difficulties in their studying as their classrooms become darkrooms. The present humid climate has further added to their woes. At the same time, Hindi newspaper Rashtriya Sahara has also carried a story today highlighting the above facts. I have prepared a petition which shall be presented tomorrow in the Hon'ble Delhi High seeking directions to the school authorities as well as to BSES to forthwith restore the electricity.

SUBJECTING DISABLED STUDENTS TO PAY MORE SCHOOL FEE IS UNJUST & ILLEGAL

I am told by Ms. Meena Singh, parent of a disabled student studying in Bhatiya Vidya Bhawan, K.G.Road, New Delhi that there are nearly 90 students with disabilities studying in different classed in the school. She has written to me that the school is charging fee from the students with disabilities much more than what is charged from the general students and there is a difference of 38%-39% in school fee. It is submitted that the school is not entitled to charge fee and other charges from the children with disabilities more than that is charged from the general students. It is totally arbitrary and illegal. If the school would not mend itself, the matter would be taken to the Hon’ble Delhi High Court by us by way of public interest litigation to get justice for the students with disabilities. Ashok Agarwal, Advocate National President, All India Parents Association (AIPA) M-09811101923 23.08.2012 Respected Sir, As I discussed, regarding fee hike issue of Bhartiya Vidya Bhawan of Special need children, as told by you, I make a letter and a comparative statement of fee structure of general and special need children. Kindly see and advice what to do further. pl. reply. Meena Singh 9868837083

Apartheid -Unaided School Cruel and Inhuman to 7 yrs old Class 2 EWS Student - AIPA writes to Delhi CM

ALL INDIA PARENTS ASSOCIATION Aggarwal Bhawan, G.T. Road, Tis Hazari, Delhi-110054 To Hon’ble Smt. Sheila Dikshit, Chief Minister of Delhi Secretariat, I.P. Estate, Delhi -110002. 20/08/2012 Sub: Unaided School Cruel and Inhuman to 7 yrs old Class 2 EWS Student Respected Madam, We are bringing a shocking incident to your notice where an unaided recognized private school on public land has given a cruel and inhuman treatment to 7 years old class II EWS student. It is submitted that Shri Dayanand Jha (M-9213775630) r/o 12/12, Geeta Colony, Delhi-31 has complained to me that his 7 years old son Master Harsh Jha has been studying in St. Lawrence Convent Sr. Secondary School, Geeta Colony Facility Centre, Delhi-31 (Phone 011-22046100, 011-22056100) in Class II under EWS category. He stated that on 17th August 2012, around 11.30 am he received a call on his mobile from the school asking him to come to the school immediately and take his son Master Harsh back to home. It is submitted that the school did not tell the reason to the father. However, the father immediately reached to the school and found his son sitting at the reception with spoiled short. On enquiry, Master Harsh told him that he asked his teacher to permit him to go to washroom but his teacher did not allow him. As he could not control the same, he eased himself in the short. No one attended him. On the other hand, he was brought to the reception and made to wait for his parents. Letter dated 20.8.2012 of the parent is attached hereto for your ready reference. It is submitted that the aforesaid cruel and humiliating treatment was given to Master Harsh only because he belongs to EWS category. Master Harsh had earlier also complained to his father that the class teacher did not permit him to go to washroom whenever he made a request for the same. It is submitted that this school has been harassing and humiliating the EWS students/parents one way or the other right from very beginning and number of complaints have been made in this regard to the Director of Education from time to time. It is a different thing that the Director of Education has not taken any appropriate action against the school management. It is submitted that the cruelty and the humiliation to the EWS students by the school is not only unethical, illegal, unjust, anti-child, contrary to the provisions of RTE Act, 2009 but also violate the very philosophy of the Constitution of India. It is a case of apartheid. It is submitted that the school management has no moral or legal right to run the school. Therefore, it is, submitted that the public land allotted to this school should have been taken back by the Government of NCT of Delhi/DDA on account of continuous breach of the land allotment conditions. It is, therefore, requested that appropriate action may be taken against the school ensuring that the school must stop cruel and inhuman behavior towards the EWS students/parents. With regards, Ashok Agarwal, Advocate National President, AIPA M-09811101923

Mom has no money - the police refuse to report on missing girl

DELHI POLICE HIGHHANDEDNESS - 11 yrs old girl child missing since Friday. Mayur Vihar Phase Police Station Not recording police report - It is very unfortunate that the police is not recording report of a poor woman Babita r / 0202, Jhuggie, Indira Camp, Block 28, Trilokpuri, Delhi regarding missing of her 11 years old daughter Savita since last Friday . Babita had gone to the police station yesterday for lodging the report but the duty officer told her to come tomorrow with 8 copies of the photograph of the missing girl. Babita had a photograph of Savita but Could not Have 8 copies as her employer refused to pay any money to her. Today she has gone to police station again but her report has not been lodged. Also I have talked to the Head Constable of the police station but he is telling That unless she generated eight copies of the photograph with Particular size, report cannot be recorded. She is still in the police station for lodging her report. It is not only unfortunate but Also Against the law and the directions of the Supreme Court and the High Court. Ashok Agarwal, Advocate M-09811101923 08/19/2012

OPINION

Courts are more often abusing contempt of court powers. The comments on the judiciary by the West Bengal Chief Minister have some substance. Judiciary needs to take such comments in the right perspective. All those working in or with the judicial system are one way or the other responsible for making the judicial system corrupt. Degradation in both the Bench and the Bar is quite visible which is no less a threat to the rule of law.

NATIONAL SHAME

Scene at 7.00 am on 15 August 2012 at G.T.Road, Tis Hazari, Delhi - A Rag-picker Child Labour - Independence Day is meaningless for him

NATIONAL PRIDE

scene at 6.30 am on 15 August 2012 at historical monument (BONTA) at North Campus (DU) - Morning Walkers celebrating Independence Day

SENIOR CITIZEN HAS A LEGAL RIGHT TO FREE MEDICAL TREATMENT IN GOVT HOSPITALS

VIOLATION OF RIGHT TO HEALTH OF OLD POOR PATIENTS - Despite provisions in The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to provide medical support for senior citizens through Government hospitals or hospitals funded fully or partially by the Government, these two poor women of 70-75 yrs old suffering from eye ailment are denied free treatment by the Delhi Government run Guru Nanak Eye Hospital. The hospital is delaying operation asking these old women to first deposit Rs.5000/- each with the hospital. Are poor counted in this country except for votes?

AIPA NATIONAL HELPLINE FOR EWS ADMISSIONS IN UNAIDED PRIVATE SCHOOLS

EWS ADMISSIONS IN UNAIDED NON-MINORITY SCHOOLS UNDER RTE ACT 2009 - admission process in nursery classes for the year 2013-14 is going to start in many schools from September 2012 - parents whose wards are eligible for admission in EWS category in unaided non-minority private schools should take steps to ensure that their applications for admission should reach to the schools in time - All India Parents Association (AIPA) helpline (Mob. 9868529459) may be used for any help. AIPA chapters in different States/Districts in the country are requested to open their respective helplines to help the parents facing any kind of problem. Ashok Agarwal, Advocate National President, AIPA M-09811101923

Unaided school denied readmission to class 12 failed student – Delhi HC notice to DOE and School

Delhi High Court (G.S.Sistani J) today issued notices to Delhi Government and Rukmani Devi Jaipuria Public School on a petition filed by student Rishabh through Advocate Ashok Agarwal seeking direction for readmission in class XII in the school in the academic year 2012-13. “The student is entitled to readmission in terms of Rule 138 of Delhi School Education Rules, 1973” argued Mr. Agarwal. The High Court has asked the government and the school to submit their replies on 22.08.2012 to explain as to why the admission was denied to the student.

FREE MEDICAL TREATMENT FOR EWS CANCER PATIENTS

Action Cancer Hospital, Paschim Vihar, New Delhi is world state of art hospital for Cancer patients. It has 100 beds out of which 10 beds are totally free and reserved for Economically Weaker Section (EWS) patients in terms of Hon’ble Delhi High Court Orders in Social Jurist PIL case. The hospital was inspected on Saturday 12 August 2012 by the High Court appointed Monitoring Committee of which I am a member and found that the hospital is doing good job for the EWS patients suffering from Cancer. All the 10 beds were found occupied by EWS Cancer Patients at the time of inspection. The hospital is providing totally free treatment which includes PET-CT whole body, MRI Head with Contrast, PET Guide Biopsy, CT Thorax with contrast, 2D Echo, RBC, PRBC and FFP to the EWS Patients and that too without any discrimination. I would like to thank Dr. Asha Aggarwal, Medical Superintendent of the Action Cancer Hospital.

UNABLE TO PAY HOSPITAL BILL - B L KAPOOR HOSPITAL WITHHELD OPERATION OF A 70 YEARS OLD POOR PATIENT

UNABLE TO PAY HOSPITAL BILL- B L Kapoor Hospital, Pusa Road, New Delhi (on Public land allotted to it on concessional rates & obliged to provide totally free treatment to EWS patients to the extent of 10% IPD & 25% OPD in terms of Delhi High Court & Supreme Court Orders) today withheld operation of 70 yrs old poor critical patient Puspa Rani suffering from MENGITIS – Contact Adv Kusum Sharma M-9818026552 or patient's son Harish M-9313880619 Ashok Agarwal, Advocate 10.08.2012 M-09811101923

LEARNING THE WAY

RTE helplines ringing off the hook Christin Mathew Philip TNN Chennai: Several students from economically underprivileged backgrounds have been dialling the Right to Education (RTE) Act helpline numbers,wanting toknowhowthey could getinto good private schools.According to the Right to Education (RTE) Act,which came into force from April 1,2010,25% seats are reserved for underprivileged sectionsin all private unaided schools. Several private schools in the city have notimplementedthe provision and many people have called the helpline numbers with complaints. The StateCouncilof Educational Research and Training (SCERT ) created theRTEhelpline numbers (044-28278742,28211391 ) to help implement the legislation and give needy students access to private schools.Delhi-based NGO Social Juristhas alsostarted nationalhelplines (09868529459,08826456565 ) for free legal assistance under the RTE Act to studentsfrom poor backgrounds. We have received several calls from various parts of the state, said SCERT joint director (schemes ) M Palanisamy.We are taking steps to address the complaints.We are also conducting various awareness programs for both parents andteachers. Officials of SCERT said several callers ask for documents required for admission under the RTE Act.Many students and parents also want to know the nodalofficersthey shouldcontactfor admissions and the process of reimbursementof schoolfees. Most people arestillunawareof the legislation.Many private schools claim that the RTE quota is not applicable to minority-administered schools, said a senior SCERT official.We are also getting complaints that some private schools are not allowing admission under the RTE Act.We will take every step toensurethattheRTEActis a successin thestate. Ashok Aggarwal,adviser of Social Jurist and national president of the parents association,said the national helpline has received several calls from Tamil Nadu.We are providing legal help to needy studentsseeking admission under the legislation, he said.Some callers have complained of arbitrary hikes in theschoolfeeswithout any notice. Students Federation of India (SFI ) is planning to organise campaigns across the state to promote awareness on the Act.Thefederationsstate president,K S Kanagaraj,said many private schools are flouting the RTE Act.We have been conducting variouscampaigns andseminars demanding effective implementation of thelaw, hesaid. mp.christin@timesgroup.com Times of India

NON IMPLEMENTATION OF 6TH PAY COMMISSION - KULACHI HANSRAJ MODEL SCHOOL RECEIVES NOTICE FROM DELHI HIGH COURT

Justice Suresh Kait of Delhi High Court today issued notices to Director of Education, Kulachi Hansraj Model School and DAV College Managing Committee on a petition filed by a primary teacher Ms. Pramod Popli through Advocates Ashok Agarwal and Kusum Sharma claiming fixation of pay with effect from 1.1.2006 in terms of the recommendations of the 6th Pay Commission and payment of arrears of salary and allowances amounting to Rs.7, 22,913/- arising there from. The High Court has given four weeks time to the school and the DOE to file reply to the petition and listed the matter for hearing for 11.12.2012. “The failure on the part of the school to implement the recommendations of the 6th Pay Commission effective from 1.1.2006 is arbitrary, discriminatory, violative of Articles 14, 16 & 21 of the Constitution of India and contrary to the provisions of Section 10 of Delhi School Education Act, 1973”, argued Advocate Ashok Agarwal.

12 CLASS FAILED STUDENT HAS A RIGHT OF RE-ADMISSION IN SAME SCHOOL

We are receiving complaints from the students/parents that the schools (unaided as well as government) have been refusing re-admission to the Class XII failed students in Class XII in the academic year 2012-13. We have sent telegrams to such schools requesting them to grant re-admission immediately. If these schools don't respond positively, we shall approach the Hon'ble Delhi High Court. Rule 138 of Delhi School Education Rules, 1973 provides, "A student who fails at any public examination shall, not, on that account, be refused re-admission in the school or class by the school from which he had appeared at such examination." It is submitted that denial of re-admission of the students by these schools is totally illegal, arbitrary and in violation of the provisions of Delhi School Education Act, 1973 and the rules made there under. If you find any such case of violation of the right to education, please refer the same to us. We shall provide all legal help free of costs to the aggrieved students. Ashok Agarwal, Advocate M-09811101923

MBBS CANDIDATE FOUND WITH MASS IN OVARY - MEDICAL COLLEGE REJECTS ADMISSION – DELHI HIGH COURT SEEKS REPLY FROM AFMC, UOI & MCI

Delhi High Court (G.S.Sistani J) on Monday sought reply by 8th August from Armed Forces Medical College, GOI and MCI on a petition filed by a MBBS aspirant Vidushi Gupta through Advocate Ashok Agarwal and Anuj Agarwal whose candidature for admission in MBBS course in AF Medical College, Pune was rejected by the College on the ground of medical unfitness as mass was found in her ovary during medical examination at the College. The High Court has directed the College to not to fill one last seat in the meanwhile. “The mass in the left ovary is merely a dormant minor cist which would not affect the healthy life of the petitioner in any manner whatsoever and therefore, the College was not justified in rejecting the candidature of the petitioner”, argued Ashok Agarwal.

NATIONAL SHAME - MORNING SCENE AT DISTRICT COURTS, TIS HAZARI, DELHI (INDIA) - PHOTO BY ASHOK AGARWAL

ALL INDIA PARENTS PROTEST AT DIRECTOR OF EDUCATION OFFICE TODAY - JOIN IN BIG NUMBER

The All India Parents Association is organising a protest demonstration in front of the office of the Director of Education today at 4 pm demanding immediate withdrawal of the admission criteria 2012 for science and commerce stream in government and aided schools. TIMES OF INDIA 16 JULY 2012 SPEED NEWS

Class XI admission policy: Parents, students to protest on Monday

NEW DELHI: Parents and students will protest in front of directorate of education on Monday against the new admission policy for class XI in science and commerce stream. According to All India Parents Association, there is no rationale behind the change in criteria for admission in class XI science and commerce and that the DoE's order must be rolled back.

While 15,000 students got admission in science stream in government schools last year, the new admission criteria will allow only 5,200 students to get admission in science stream,the association stated.

"Till last year, a science candidate with CGPA 6 at class X was eligible for admission in class XI, but now, a minimum of CGPA 7 is required for admission," said national president of AIPA, Ashok Agarwal. In commerce stream, a candidate with CGPA 5 was eligible for admission in 2011, but the new criteria requires a minimum of CGPA 6.6 (with mathematics) and 6 (without mathematics).


TOI New Delhi
13 July 2012