H C Monitoring Committee Member writes to UD Sect. & Delhi Health Sect to cancel land allotments of three erring pvt hospitals

Ashok Agarwal Advocate To, 1. The Secretary, Ministry of Urban Development, Government of India, Nirman Bhawan, New Delhi – 110001 2. The Principal Secretary (Health) Government of NCT of Delhi, Secretariat, IP Estate, New Delhi 30.04.2012 Subject: Request for immediate cancellation of the land allotted to Moolchand Kheratiram Trust & Hospital & St Stephen’s Hospital Society for their failure to provide free treatment of EWS patients Dear Sir, Moolchand Kheratiram Hospital (Moolchand Kheratiram Trust & Hospital) and St Stephen’s Hospital (St Stephen’s Hospital Society) were allotted government lands on concessional rates by L&DO. In terms of Judgment dated 22/03/2007 and 17/07/2007 of a Division bench of Delhi High Court in case of Social Jurist Vs Govt. of NCT of Delhi, the said hospital is obliged to provide totally free treatment to EWS patients to the extent of 10% IPD and 25% of OPD. It is important to mention here that 10 hospitals had filed Special Leave Petition in the Supreme Court against the above mentioned High Court judgment dated 22/03/2007 and the SLPs were dismissed by the Supreme Court on 01/09/2011. Out of these 10 hospitals whose the SLPs were dismissed was Sunder Lal Jain Charitable Hospital in which there was no express stipulation in its allotment letter or lease deed for providing free treatment to EWS patients. The Delhi High Court today reiterated its earlier orders dated 22/03/2007 and 17/07/2007. The high court also took on record the order dated 02/02/2012 issued by the Ministry of Urban Development, Govt. of India thereby incorporating the provision for providing free treatment to the EWS patients to the 10% IPD and 25% OPD by all the hospitals to whom public land has been allotted on concessional rates which include Moolchand Kheratiram Hospital and St Stephen’s Hospital. It is submitted that the Moolchand Kheratiram Hospital (Moolchand Kheratiram Trust & Hospital) and St Stephen’s Hospital (St Stephen’s Hospital Society) despite all the aforementioned orders have not complied with the above mentioned conditions regarding free treatment to EWS patients. Therefore, the L&DO which has allotted land to these two hospitals should immediately cancel the allotment of the said lands. With regards, Ashok Agarwal Member, Delhi High Court constituted Monitoring Committee Tel: 09811101923

H C Monitoring Committee Member writes to DDA & Delhi Health Sect to cancel land allotments of three erring pvt hospitals

Ashok Agarwal Advocate To, 1. The Vice-Chairman, Delhi Development Authority Vikas Sadan, INA, New Delhi 2. The Principal Secretary (Health) Government of NCT of Delhi, Secretariat, IP Estate, New Delhi - 110002 30.04.2012 Subject: Request for immediate cancellation of the land allotted to Rajeev Gandhi Cancer Institute, (Indian Cancer Society Hospital), Sector-5, Rohini, for its failure to provide free treatment of EWS patients Dear Sir, Rajeev Gandhi Cancer Institute, Rohini (Indian Cancer Society hospital) was allotted government land on concessional rates by the DDA. In terms of Judgment dated 22/03/2007 and 17/07/2007 of a Division Bench of Delhi High Court in case of Social Jurist Vs Govt. of NCT of Delhi, the said hospital is obliged to provide totally free treatment to EWS patients to the extent of 10% IPD and 25% of OPD. It is important to mention here that 10 hospitals had filed Special Leave Petition in the Supreme Court against the above mentioned High Court judgment dated 22/03/2007 and the SLPs were dismissed by the Supreme Court on 1/09/2011. Out of these 10 hospitals whose the SLPs were dismissed was Sunder Lal Jain Charitable Hospital in which there was no express stipulation in its allotment letter or lease deed for providing free treatment to EWS patients. The Delhi High Court today reiterated its earlier orders dated 22/03/2007 and 17/07/2007. The High Court also took on record the order dated 02/02/2013 issued by the Ministry of Urban Development, Govt. of India thereby incorporating the provision for providing free treatment to the EWS patients to the 10% IPD and 25% OPD by all the hospitals to whom public land has been allotted on concessional rates. It is submitted that the Rajeev Gandhi Cancer Institute, Rohini despite all the aforementioned orders has not at all complied with the above mentioned conditions regarding free treatment to EWS patients. Therefore, the Delhi Development Authority which has allotted land to the Rajeev Gandhi Cancer Institute should immediately cancel the allotment of the said land. With regards, Ashok Agarwal Member, Delhi High Court constituted Monitoring Committee Tel: 09811101923

RTE BREACHED - Unaided school turns out seven-year-old diabetic EWS girl student - Social Jurist writes to Delhi Chief Minister

SOCIAL JURIST To, Hon’ble Smt Sheila Dikshit Chief Minister of Delhi, Secretariat, IP Estate, New Delhi-1100 02 30 April 2012 Subject:

Dear Madam, This is to bring to your urgent notice a shocking incident in which a school, Vidya Jain Public School, Sector-6, Rohini, Delhi-110085 (Tel: 011-27041983, 011-27051982) forcibly ousted Tiksha (7 years) studying in Class III under EWS category, living in B-6/42, Sector-5, Rohini (Father, Gulshan Kumar, Tel: 9268199926) from school on the ground that the child was suffering from diabetes. This is despite the fact that the parents had informed the school about their daughter’s ailment at the time of admission on 21/04/2012 and had also intimated the class teacher in writing about the same when the daughter had started going to school from 24/04/2012. On 25/04/2012, the father of the child received a telephone call from the school at around 9.30 am saying that he needs to immediately come to the school and meet the school principal, Mr. Naresh Jain. On reaching the school, the principal misbehaved with the father and after calling the child from the class, he ordered that he take away the child from school, while threatening that in case they resist, he would ask the school’s security guards to forcibly remove them. Thereafter, the child was taken away by the father. The father has complained to the police as well as the Director of Education, Delhi Government on 26/04/2012 in the matter but to no avail. Kumari Tiksha again went to the school on 30.04.2012 but the school did not allow her to attend classes. She is sitting idle at home and is undergoing mental agony and harassment. The action of the school is totally unethical, illegal, unconstitutional and contrary to the provisions of RTE Act, 2009. In the interest and welfare of the children, I request your urgent intervention in the matter so that the children’s school is restored and she is not subjected to the trauma of being out of school any further. Necessary action should also be taken against the erring school for its misconduct. Warm regards, Ashok Agarwal, Advocate Advisor, Social Jurist M: 9811101923

GOVERNMENT FAILS TO REFER EWS PATIENTS TO PVT HOSPITALS

Delhi High Court constituted Monitoring Committee of which I am a member inspected yesterday (28 April 2012) four hospitals, namely, (i) Batra Hospital & Medical Research Centre having 50 free-beds, (ii) PSRI Hospital having 11 free-beds, (iii) Venu Eye Institute & Research Centre having 15 free-beds and (iv) Primus Super Specialty Hospital having 13 free-beds. It was noted that despite having state of art facilities in all these private hospitals, the occupancy in free-beds category is very low. As many as 30 free-beds in Batra Hospital, 9 free-beds in PRSI Hospital and 11 free-beds in Primus Super Specialty Hospital for EWS patients were found vacant. It is really unfortunate that on one hand, the Government-run Hospitals are overcrowded and on the other hand, the state of art totally free medical facilities for EWS patients available in such and other private hospitals have remained under-utilized. Now the family income limit for EWS category has been increased from Rs.6422/- per month to Rs.7020/- per month. Mere declaration of income by EWS patient or its relative is a sufficient proof and the hospital cannot demand any document. Moreover, the EWS patients from all over the country are eligible to get totally free-treatment in 43 identified private hospitals of Delhi. There are over 800 free-beds available in these 43 identified private hospitals for EWS patients but still more than 80 percent of such beds always remain vacant. The only way to utilize the maximum number of free-beds facility available in these private hospitals is that the Government must refer an adequate number of EWS patients from its own Hospitals to these private Hospitals.

EWS Admissions - Unaided Minority Schools exempted under RTE Act 2009 but not from land allotment obligations

SOCIAL JURIST To The Director of Education, Government of NCT of Delhi Old Secretariat Building, Delhi-110054 29th April 2012 Sub: EWS Admissions - Unaided Minority Schools exempted under RTE Act 2009 but not from land allotment obligations Dear Sir, The recent Supreme Court Judgment dated 12.04.2012 held that the provisions of Right of Children to Free and Compulsory Education Act, 2012 are not applicable to Unaided Minority Schools and therefore, such schools are not bound to follow the provision of the Act, 2009 in regard to admission of children belonging to Disadvanged Group & Economically Weaker Section in terms of Section 12(1) ( c ) of the Act, 2009. However, the Unaided Minority Schools situated on govt. lands allotted to them on concessional rates are not exempted from the obligation arising out of the land clause relating to admission to the children belonging to the economically weaker section to the extent of 20% in all classes as incorporated in the D.O.E. Notification dated 25.01.2007 and also in a division bench order dated 30.05.2007 of Delhi High Court passed in Social Jurist vs. Govt. of NCT of Delhi and Anr. (W.P(C) 3156 of 2002). The recent DOE order dated 28.04.2012 without taking into consideration the above facts, has simply asked all the Unaided Minority Schools without making any distinction between those which are on Govt. Land and those are not on Govt. land to submit a proof of their minority status instead of asking them (Schools on Govt. Lands) to continue to provide admission to the extent of 20% in all classes to the children belonging to Economically Weaker Section and grant them free ship in terms of DOE notification dated 25.01.2007 and also in terms of Delhi High Court order dated 30.05.2007 passed in W.P.(C) No. 3156 of 2002. It is therefore requested that the directorate of Education should modify its order dated 28.04.2012 in order to clarify the above said position that all unaided minority schools on public land have to continue to provide admission to the children belonging to Economically Weaker Section to the extent of 20% in all classes. It is also requested that the directorate of education should ensure all the unfilled vacant seats for EWS students in any one or more classes of such schools are filled up before the summer vacation ends. With regards Ashok Agarwal, Adv. Advisor, Social Jurist. Mob-9811101923

INCOME LIMIT INCREASED TO RS.7020/- PER MONTH FOR FREE TREATMENT IN PVT HOSPITALS

FREE BEDS FACILITIES IN PVT HOSPITALS - INCOME LIMIT INCREASED FROM RS. 6422/- PER MONTH TO RS.7020/- PER MONTH FOR FREE BED FACILITY TO EWS PATIENT IN 43 IDENTIFIED PRIVATE HOSPITALS WHICH ARE OBLIGED TO PROVIDE TOTALLY FREE TREATMENT TO EWS PATIENTS FROM ANYWHERE IN THE COUNTRY TO THE EXTENT OF 10% IPD AND 25% OPD.

Jeevan Anmol Hospital maltreats EWS patients

To The Principal Secretary (Health) Government of NCT of Delhi Secretariat, I.P.Estate, New Delhi-110002 28 April 2012 Sub: Jeevan Anmol Hospital maltreats EWS patients Dear Sir. Please find enclosed hereto two postcards having been written by Shri Vinod Kumar (M-852767788, 011-22750380) and Ms. Pushpa (M-954078751) and addressed to me complaining that Jeevan Anmol Hospital, Mayur Vihar, Phase I, Delhi-110091 has denied free treatment to EWS patients on one pretext or other. Moreover, the Hospital Officials and Doctors are misbehaving and insulting the EWS patients and their relatives. The attached postcards are self explanatory. Kindly look into these complaints and take appropriate action against this hospital. With regards, Ashok Agarwal M-09811101923 Member High Court Constituted Monitoring Committee

MOCKERY OF CHILD RIGHTS

The photograph depicts that an older child is looking after the sibling on the footpath just in front of Gate No.9, Delhi High Court, New Delhi-110003 while their mother was working as laborer in construction work going on in front of the Gate No.9, Delhi High Court. This photograph has been taken by Advocate Ashok Agarwal (M- 09811101923) on 26 April 2012 at about 1.00 pm.

18 LACS DELHI GOVT & MCD SCHOOLS STUDENTS WITHOUT BOOKS

DELHI GOVERNMENT IN ITS REPLY FILED TODAY IN THE DELHI HIGH COURT SAYS THAT THE BOOKS ARE UNDER PRINTING AND WOULD BE MADE AVAILABLE TO THE STUDENTS SOON. THE HEARING OF THE CASE IS FIXED FOR TOMORROW. ASHOK AGARWAL,ADVOCATE M-09811101923 24.04.2012

we all should know sign language

Yesterday, I along with some of my friends were visiting Bilaspur JJ Camp (slum), Badarpur, Delhi and interacting with children and parents. During this visit, we met two children who were suffering from hearing impairment. They were knowing sing language but we were not. Result was: there was no effective communication between them and us. What is wrong if we all learn sign language? This question came to my mind when I found myself helpless in interacting with these charming children.

GOVT RUN RPVVS FAIL TO ADMIT 1400 STUDENTS IN IV CLASS IN 2012-13 SESSION – SOCIAL JURIST MOVES DELHI HIGH COURT

Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal has filed petition on 20 April 2012 in Delhi High Court highlighting the fact that Delhi Government have again not started the process of admission of as many as 1400 students in Class VI in its 17 Rajkiya Pratibha Vikas Vidyalayas (RPVVs) in the current academic year 2012-13, though the academic year has already started from 1st April, 2012. Petition says that the Government appears to be adamant to not to start the process of admission in Class VI in the academic year 2012-13. The Government are not justified in withholding the process of admission in Class VI in RPVVs. This inaction on the part of the Government is no less a criminal negligence as much as the same would result in non-utilisation of both physical and academic infrastructure available for the quality education of such students in these Rajkiya Pratibha Vikas Vidyalayas (RPVVs). On the other hand, the ordinary Government Schools are not only over crowded but also sans quality physical and academic infrastructure. “This inaction on the part of the Government is in violation of the fundamental rights of the school aged students as guaranteed to them under Articles 14 (right to equality), 21(right to life with dignity), 21-A right to quality education) and 38 (right to social justice) of the Constitution of India read with the provisions of Right of Children to Free & Compulsory Education Act, 2009”, Social Jurist submitted in the petition. The hearing is likely in the next week. Ashok Agarwal, Advocate M-09811101923 21 April 2012

SUNDAY 22 April 2012 PROGRAMME

Social Jurist Team led by Adv Ashok Agarwal will be visiting Bilaspur Jhuggi Jhopari Camp (Slum) (near Meethapur Pul) Molarband, Badarpur, New Delhi (door to door) in association with Mr. Sayeed Ahmed of IFRA (NGO) on Sunday 22 April 2012 from 8.00 am to 10.00 am on Right to Education and Right to Health. Those interested to join us may please contact Mr. Sayeed Ahmed (Mob. 9971444366) or Advocate Ashok Agarwal (Mob.9811101923).

DEBATING SCHOOL FEE

When Government can run its schools with a particular amount of expenditure, we see no reason as to why an unaided private school charge fee from the fee-paying parents more than the amount of expenditure per child spent by the Government on its students. If any unaided school still claims higher amount of fee, such school has to satisfy the Directorate of Education on the basis of its financial records. The Government of NCT of Delhi, Directorate of Education by its circular dated 21.03.2012 has approved an amount up to Rs.1190/- as expenditure per-child per month on elementary education for re-imbursement to private unaided schools during session 2011-12 in respect of students admitted from economically weaker section and disadvantaged groups. It has also been decided that no re-imbursement shall be made to schools, which have been allotted land by Government at concessional rates to the extent, schools are under obligation to admit students from weaker section as per terms and conditions of the Lease/ Land allotment Letter. It is interesting to note that the said amount of Rs. 1190/- is based on the fact that the Government of Delhi in the academic year 2011-2012 has spent Rs.1190/- per child per month on the elementary education of the students studying in their own schools. We all know that the Government of Delhi, Directorate of Education has a huge physical and academic infrastructure. All the teaching and non-teaching staffs are paid Pay and Emoluments as per the Recommendations of the Central Pay Commission. We also know that lot of financial wastage takes place in the Government management system. Keeping all these facts in to considerations, it is submitted that the expenditure figure of Rs. 1190/- per child per month can be safely taken as an ideal figure also for the purpose of payment of school Fee per child in unaided private schools by the Fee-paying parents. The issue that required to be highlighted is that if the Government can run its school with an expenditure of Rs.1190/- per child per month, what is the justification for the unaided private schools to not to be able to run their schools with the same amount of expenditure. It is submitted that unaided private schools should not ask the Fee paying parents to pay school fee more than what is spent by the Government on its students studying in its own schools in a particular State. We are of a strong view that the demand of a fee amount from the Fee- paying students more than that spent by the Government on its own students is totally unjustified. However, if any unaided private school finds that the amount of Rs.1190/- is less than what is actually required from the fee paying students, then they should approach the government and satisfy the Government based upon the audit of their annual financial accounts, that the school is indeed incurring an expenditure more than the amount specified by the Government in its own schools annually and therefore, eligible to charge higher fee based upon the expenditure incurred. It may be kept in mind that in view of the Judgment of Punjab and Haryana High Court in the matter of CWP 17752/2005 titled Navdeep Kaur Gill & others v/.s Government of Punjab it was held that the Fee structure should be based upon the expenditure on the minimum infrastructure required for the recognition of the institute. In case, the Educational Society wishes to provide extra facilities it may do so from its own resources. This way there will not be extra burden on the parents of the students. It is also pertinent to mention here that now-a- days most of the schools are getting in to a sort of rat race to make their Schools Air Conditioned and charging exorbitant Fee from the parents. In its report, the Raghvan committee has expressed their strong opinion against the making schools with Five Star Facilities. They have recommended that such five star culture will not create conducive atmosphere for the educational purpose and it will create divide among the section of the society. Therefore it is stressed that the amount so decided by the government sufficient for the re-imbursement is also sufficient for the schools to charge from the Fee paying students. Ashok Agarwal, Advocat National President, All India Parents Assocation M-09811101923 20 April 2012

9835 VACANT EWS SEATS IN NURSERY (ENTRY LEVEL CLASS) IN 1186 UNAIDED PRIVATE SCHOOLS IN 2012-13 – GOVT TOLD DELHI HIGH COURT‏

Delhi Government today informed a Division Bench of Delhi High Court headed by Acting Chief Justice A.K.Sikri that on date there are 9835 vacant seats under EWS as intimated by 1186 unaided private schools in 2012-13 session and the Government will publish this information of vacant seats within one week. The High Court directed Director of Education to complete the admission process in regard to these vacant EWS seats during the summer vacation so to enable the students to attend school on reopening of the schools in July 2012. The admission process will be conducted by the Deputy Director of Education itself and not by the schools.

The High Court has also directed the Director of Education to take decision within one month in regard to inclusion of ‘orphan child’
in the definition of ‘child belonging to disadvantaged group’ within the meaning of RTE Act, 2009 so that the orphan child also becomes eligible for admission under 25% EWS reservation.

These orders were passed while disposing of Social Jurist PIL filed through Advocate Ashok Agarwal highlighting the fact that the unaided private schools of Delhi are not complying with RTE Act provisions in regard to EWS admissions and the Delhi Government is not taking any action against any of these erring schools.

On the last date of hearing 18 04.2012 Delhi Government had informed the Court that as many as 765 erring unaided private schools have not given 25% EWS admissions in the academic year 2011-12 as was required under RTE Act, 2009 and the Government have issued show cause notices to all of them. When Social Jurist advocate Ashok Agarwal told the Court that the Schools have not informed the Directorate of Education about the vacancy position in their respective schools as on 31.03.2012 which they were obliged to do by 07.04.2012, the Court while adjourning the hearing to Friday 20 April 2012 directed the Delhi Government to inform the Court about the status of vacant seats in the schools and what steps have been taken by the Government to fill up the same.

Ashok Agarwal, Advocate
M-09811101923
20 April 2012

HIGH COURT PULLS UP DELHI GOVT FOR DELAYING IMPLEMENTATIONS OF PROVISIONS FOR MEDICAL EMERGENCIES IN SCHOOLS

The Delhi High Court On Wednesday directed the Delhi Government to implement the report of the “Expert Committee on Psycho-Physical Requirement and Medical Crisis Management Mechanism in Schools” prepared by the Delhi Commission for Protection of Child Rights.

The report emphasizes that the schools should include safety and accident prevention in their regular curriculum and also adhere to basic safety standards in schools. It highlights the immediate availability of First Aid in the schools and emergency care plan. The over 50 recommendations of the report – which was submitted in the year 2010 -- also deals with each and every aspect of the psychological and physical health and requirements of school children. At the time of the release of the report, the Government had assured that all possible steps to examine and implement the recommendations expeditiously shall be taken.

Mr Ashok Agarwal, who was amicus curiae in the matter, submitted that of and on accidents are taking place within the schools resulting in serious injuries and even deaths of students but there is nothing in the schools to take care of such medical emergencies. The government is just delaying the things which is causing serious prejudice to nearly 45 lakhs children studying in government, government-aided and private schools in Delhi. Implementation of recommendations of the committee is the need of the hour, Mr Agarwal further submitted.

On the earlier date of hearing on 21/12/2011 the court had directed the Delhi Government to submit a report on what action has been taken on the aforesaid report and whether there is a move to provide adequate health and safety measures in the schools. Thereafter, on 18/04/2012, the Delhi Government informed the court that a “Medical Crisis Management Committee” has been set up for the purpose and a meeting of the said committee had been fixed for 17/04/2012 but that meeting could not take place as the MCD elections was scheduled for 15/04/2012 and the officials were involved in the counting of votes. And that the next meeting would be convened within the next 10 days. The court however pointed out that the “Expert Committee on Psycho-Physical Requirement and Medical Crisis Management Mechanism in Schools” was constituted by the Delhi government, therefore the main task of the new committee (Medical Crisis Management Committee) set up by the Delhi Government was only to ensure how the recommendations of the earlier Committee are implemented. “Therefore, the working out of such modalities should not take much time. Since the matter pertains to the protection of the rights of children, that too, suffering from psycho-physical ailments, we expect early response and decision of the committee on these issues,” the court ruled.

The court has now directed the Delhi Government to file a status report as regard the implementations of the “Expert Committee on Psycho-Physical Requirement and Medical Crisis Management Mechanism in Schools”

Next date of hearing is 16.05.2012.

ASHOK AGARWAL
ADVOCATE
19/04/2012
Mobile: 09811101923

HOW MANY NIRMAL BABAS IN OUR COUNTRY?

We have thousands of Nirmal Baba who do not hesitate to make fool of the innocent people every day every where in our country. These people have no respect for our Constitution. Our Constitution puts a fundamental duty on every citizen through its Article 51-A to develop scientific temperament. These Babas are doing just the opposite.

ENTITLEMENTS OF STUDENTS UNDER 25% RTE ACT RESERVATION IN UNAIDED SCHOOLS

All the students belonging to disadvantaged group and economically weaker sections admitted in unaided private private schools under 25% reservation in terms of Section 12 of the Right of Children to Free & Compulsory Education Act, 2009 (RTE Act, 2009) are entitled to all free of cost all the facilities and provisions including books, uniform, smart class etc. from the school which are made available to fee-paying students.

In case, the school is refusing to provide any benefit or support to the student or otherwise discriminating in any manner, the student/his parents/guardians are advised to lodge a complaint with the Directorate of Education and also to NCPCR. In addition to that, they can send a copy of the complaint to the undersigned by post or through email.

Ashok Agarwal, Advocate
National President,All India Parents Association (AIPA)
Agarwal Bhawan, G.T.Road, Tis Hazari, Delhi-110054 (India)
Email: aipa.india@hotmail.com
Mob.09811101923

FIRST BRING MEDICAL CERTIFICATE THEN ASK FOR REPORT CARD - PRINCIPAL TELLS CLASS IX STUDENT‏

SOCIAL JURIST 478,479 Western Wing,
A, Civil Rights Group Tis Hazari Courts New Delhi-110054
E-mail: socialjurist@socialjurist.com


To,

The Director of Education,
Govt of NCT of Delhi,
Old Secretariat Building,
Civil Lines, Delhi -110054
17, April, 2012


Sub: - Govt. School denies Report Card to Class IX student for want of Medical Report

Dear Sir,

It is not only shocking but also makes mockery of Right to Education in the capital city of India that the Principal of Govt. run Sarvodaya Kanya Vidyalaya, Burari Delhi-110084 has denied Report Card to Class IX passed student Km. Saloni d/o Sh. Raj Kumar, House No. 111 Khasra No. 180, Mukundpur Village, Delhi-110042 (M- 9810864241) on the alleged ground that Km. Saloni has failed to obtain a medical certificate from a private medical practitioner. A complaint dated 16.04.2012 by her father Sh. Raj Kumar addressed to the undersigned is enclosed hereto.

It is brought to your notice that the Principal of the aforementioned school in the last 3-4 months had been forcing almost every student to obtain medical certificate from nearby private practitioner on payment of Rs. 200-300 per student. However, the parent of Km. Saloni objected to it and even brought this fact through Sh. Ashok Agarwal Advocate, to the notice of Sh. R.P Yadav, Deputy Director of Education of the area who told that the Principal was doing wrong in forcing students to part with on average of Rs. 250 each for obtaining medical certificate from a private practitioner when the same was not required. Sh. R.P Yadav had also assured Mr. Agarwal that the Principal of the school would no more ask any student to obtain medical certificate from a private practitioner. It appears that the Principal of the school is very adamant in forcing students to illegally partwith Rs. 200-300 per student for obtaining medical certificate which has no basis.

There are around 2000 students in the school. It appears that the Principal of the school is in collusion with the private Doctor to make illegal money in the aforesaid manner. Such a conduct on the part of the Principal tantamount to serious misconduct. She has been harassing all the students including Km. Saloni for no justification and with some malafide intention.

It is therefore, requested that necessary action may be initiated against the Principal of Sarvodaya Kanya Vidyalaya, Burari Delhi-110084 for her aforesaid undesirable conduct. It is also requested that the Principal may be directed to forthwith handover the report card of class IX to Km. Saloni.

With Regards



Ashok Agarwal, Advocate
Advisor, Social Jurist
M-9811101923

SCHOOL FEE HIKE IN VIOLATION OF LAND ALLOTMENT CLAUSE - SOCIAL JURIST SENDS CONTEMPT NOTICE TO DOE

SOCIAL JURIST,
A CIVIL RIGHTS GROUP

To
Shri Amit Singla,
Director of Education,
Government of NCT of Delhi
Old Secretariat Building, Civil Lines,
Delhi-110054

14 April 2012

Sub: Contempt Notice – DOE fails to obey Supreme Court directions in Modern School case to ensure that unaided schools on public lands should not have hiked fee without its prior sanction

Dear Sir,

Take notice that the Hon’ble Supreme Court in its judgment dated 27.04.2004 in Modern School vs. Union of India etc. reported as (2004) 5 Supreme Court Cases 583 in concluding Para 27© said as under:-

“27 © It shall be the duty of the Director of Education to ascertain whether terms of allotment of land by the Government to the school have been complied with. We are shown a sample letter of allotment issued by the Delhi Development Authority issued to some of the schools which are recognized unaided schools. We reproduce herein clauses 16 and 17 of the sample letter of allotment:

“16. The school shall not increase the rates of tuition fee without the prior sanction of the Directorate of Education, Delhi Administration and shall follow the provisions of the Delhi School Education Act/Rules, and instructions issued from time to time.

17. The Delhi Public School Society shall ensure that percentage of freeship from the tuition fee, as laid down under the rules by the Delhi Administration, is from time to time strictly complied with. They will ensure admission to the student belonging to weaker sections to the extent of 25% and grant freeship to them.”

28. We are directing the Director of Education to look into letter of allotment issued by the Government and ascertain whether they have been complied with by the schools. This exercise shall be complied with within a period of three months from the date of communication of this judgment to the Director of Education. If in a given case, the Director finds non-compliance with the above terms, the Director Shall take appropriate steps in this regard.”

Take notice that there are 394 identified unaided recognized private schools (list of such schools is available on the DOE Website www.edudel.nic.in/welcome_folder/424_dt_230569/page.htm )on public land in Delhi which have a clause similar to that Clause 16 mentioned above in their respective letters of allotment in term of which they are not entitled to increase the rates of tuition fee without the prior sanction of the Directorate of Education, Delhi. It is submitted that despite the existence of the said clause in the allotment letter, all the said schools have arbitrarily hiked fee in the academic year 2012-13 without the prior sanction of the Directorate of Education, Delhi.

Take notice that the Hon’ble Supreme Court in the above judgment directed you to take appropriate steps where you find non-compliance of the above terms. However, you have failed to take any appropriate action against these schools till date deliberately and intentionally which tantamount to contempt of the Hon’ble Supreme Court and attracts penal action against you.

With regards,

Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923

MOCKERY OF RIGHT TO EDUCATION - 18 LACS DELHI GOVT & MCD SCHOOLS STUDENTS ARE WITHOUT BOOKS

DELAY IN PROVIDING BOOKS TO OVER 18 LAKHS STUDENTS OF DELHI GOVT & MCD SCHOOLS - HIGH COURT SEEKS DELHI GOVT EXPAINATION

Delhi High Court (Acting Chief Justice A.K.Sikri & Rajev Sahai Enlaw J) today expressed its anguish for failure on the Government of Delhi to print and to distribute free books to over 18 lacs students (10 lacs of MCD schools and 8 lacs of Delhi Govt schools) studying in MCD and Delhi Govt schools even after 13 days of the commencement of the current academic session.

“Why have you not made books available to the students on the 1st of the current session? You are saying books would be made available in July. How students would do their home work in the summer vacations without the books? Why have you not started the process of tendering and printing books well in advance?” These and several other uncomfortable questions were asked by the Hon’ble Acting Chief Justice from Shri Amit Singla, Director of Education, who was personally present in the Court to put forth the reasons for non-availability of the Books meant to be distributed to the lacs of students belonging to the weaker sections. Not satisfied with the answers given on behalf of the Government, the Hon’ble Judges directed the Director of Education to explain on affidavit by 25 April 2012 as to why the books were not made available to the students in time.

On the last date of hearing, when Advocate Ashok Agarwal brought to the notice of the Hon'ble Judges that students studying in MCD schools are without books as the books are yet to be printed, the Hon'ble Judges said, "what a shocking state of affairs". The Court had directed the Government of Delhi to inform the Court by today as to by what date the books would be made available to the students.
High Court today also pulled up MCD when Advocate Ashok Agarwal informed the Court that 10 lakhs students of the MCD primary schools have also not been given full set of copies which fact was confirmed by the counsel appearing for the MCD. MCD counsel assured the Court that copies would be given to the students at the earliest.

“All study material including bag, books, copies and pencils etc. must have been given to the students on the day their annual results are declared in the month of March and promoted to the next classes so that they should have all study material with them on the commencement of the session itself. Failing to do so, is no less a criminal negligence on the part of the authorities and it also makes a mockery of the right to education. Study material is very valuable for the students”, submitted Advocate Ashok Agarwal.

Next date of hearing is 25.04.2012.

Ashok Agarwal, Advocate
M-09811101923
13.04.2012

UNFAIR TO EXCLUDE UNAIDED MINORITY SCHOOLS FROM RTE ACT, 2009

It is unfair to exclude unaided minority schools from the application of the provisions of Right of Children to Free Education Act, 2009. There is no justification for treating this category of schools different than that of unaided non minority schools. It is submitted that the Hon'ble Supreme Court cannot be blamed for the same as it is duty bound to interpret the law as it is. However, the responsibility now goes to the Central Government to bring back unaided minority schools within the purview of RTE Act, 2009 by amending Articles 30 and 15(5) of the Constitution of India.

10 lakhs MCD SCHOOLS STUDENTS ARE WITHOUT BOOKS - HIGH COURT SAYS SHOCKING

Delhi High Court today pulls up Delhi Government and MCD for not providing Books to 10 lakh primary student studying in MCD run schools till date when the academic session has already started from April 01, 2012. When Advocate Ashok Agarwal brought to the notice of the Hon'ble Judges that students studying in MCD schools are without books as the books are yet to be printed, the Hon'ble Judges said, "what a shocking state of affairs". The Court has directed the Government of Delhi to inform the Court by Friday as to by what date the books would be made available to the students.

HIGH COURT SUMMONS DELHI PRINICIPAL URBAN DEVELOPMENT SECRETARY

GOVT FAILS TO NOTIFY RECRUITMENT RULES FOR SPL EDUCATORS

10.04.2012

CORAM: G.P.Mittal J

Delhi High Court today directed Delhi Principal Urban Development Secretary to appear in the Court on 18 May 2012 for failure on the part of the Delhi Government to notify in Gazette the recruitment rules for the post of Special Education (Primary) in schools run for Municipal Corporation of Delhi. Advocate Ashok Agarwal appearing for petitioner Social Jurist informed the Court that despite Court orders dated 30.01.2012 to notify the RRs, till date the Government has not notified the same resulting in halting of the process of recruitment of as many as 1741 posts of Special Education (Primary) in MCD run schools for the education of the children with disabilities.

DSSSB Counsel submitted a compliance report informing that DSSSB has advertised for the filling up of 1741 posts of Special Education (Primary) in MCD schools and has also conducted the examinations for filling up of 858 posts of Special Educators in Delhi Government run schools and sought more time to complete the process.

Next date of hearing is fixed for 18.05.2012.

Ashok Agarwal, Advocate
M-09811101923
30 January 2012

CONTEMPT MATTER: SOCIAL JURIST, A CIVIL RIGHTS GROUP VS SHRI RAKESH MOHAN & ORS FOR RECRUITMENT OF 2599 SPECIAL EDUCATORS IN DELHI GOVT AND MCD SCHOOLS FOR THE EDUCATION OF THE CHILDREN WITH DISABILITIES IN TERMS OF HIGH COURT ORDER DATED 16.09.2009

SOCIAL JURIST DEMANDS JUSTICE KATJU’S RESIGNATION

Justice Markandey Katju’s statement in today’s Indian Express that 90 percent Indians are fools is not only derogatory but also rubbish. His intention may be good but he failed to understand that he has been holding high public position as a Chairman of Press Council only because of these alleged fools. He has no moral right to continue as Chairperson of Press Council and therefore, Social Jurist, A Civil Rights Group demands his immediate resignation. He has also failed to realize that 90 percent Indians are not fools but simply victims of the system which is dominated, designed and controlled by rest of the 10 percent Indians.

Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923
09 April 2012

SCHOOL FEE HIKE - SCHOOLS VIOLATE LAND ALLOTMENT CLAUS

384 UNAIDED SCHOOLS IN DELHI WHICH ARE SITUATED ON PUBLIC LANDS ALLOTTED TO THEM ON CONCESSIONAL RATES ARE REQUIRED TO OBTAIN PRIOR PERMISSION FROM THE DIRECTOR OF EDUCATION FOR HIKING ANY SCHOOL FEE IN TERMS OF THE CONDITIONS OF THE LAND ALLOTMENT. HOWEVER, NO SCHOOL IS OBTAINING SUCH PERMISSION BEFORE RESORTING TO FEE HIKE EVERY YEAR.

PRESS RELEASE - PARENTS NOT TO PAY SCHOOL FEE AT HIKED RATES

ALL INDIA PARENTS ASSOCIATION
AGARWAL BHAWAN, G.T. KARNAL ROAD, TIS HAZARI DELHI-110054, M: 9811101923

PRESS RELEASE

All India Parents Association (AIPA) (Delhi Unit) in its meeting held today i.e. 08-04-2012 at New Delhi has unanimously condemned the arbitrary fee hike ranging from 10% - 40% by almost all the unaided private schools of Delhi from the academic year commencing from 01-04-2012 despite the fact that there was no need to increase any fee. On the other hand, all the schools are required to reduce the existing fee by at least 50% and returned to the parents the excess fee charged in the previous years.

AIPA (Delhi Unit) has also decided that all the parents of unaided private schools shall not pay hiked fee and other charges to the schools at and would continue to pay fee and other charges at the old rates as prevailing on the 31st March 2012. The parents shall pay the fee and other charges, at the increased rates, only after the schools approach the Directorate of Education/ Justice Anil Dev Singh Committee on Fee Hike and obtain the approval from them on their increased fee structure.
AIPA (Delhi Unit) has further decided to stage a peaceful demonstration in front of the office of the Director of Education sometime in the month of May 2012 to protest against the inaction on the part of the Directorate of Education to take civil and criminal actions against all the erring schools which were indicted by the Comptroller & Auditor General of India (CAG) in its audit report of 2010 and also to stop arbitrary fee hike by all unaided private schools.

The meeting was chaired by AIPA national president advocate Ashok Agarwal and attended by the parents’ representatives of over 40 unaided private schools. “It is unfortunate that despite Hon’ble Delhi High Courts’ order in favour of the parents on arbitrary fee hike, the schools are flouting the same with impunity and the Directorate of Education instead of taking action against the schools is practically protecting the mighty and the greedy managements of the unaided private schools. All the parents have to unite and fight against such injustice in order to check the menace of commercialization of education,” said advocate Ashok Agarwal.

I.S.GAMBHIR
President AIPA Delhi Unit
9810133325
DATED: 08 April 2012

RICH SCHOOLS ARE POOR

POOR WIDOW AND HER SON COULD NOT SUSTAIN THEIR FIGHT ANY MORE AGAINST THE MIGHTY AND THE GREEDY UNAIDED PRIVATE SCHOOL, NAMELY, GURU HARKISHAN PUBLIC SCHOOL, INDIA GATE DESPITE HAVING BEST LEGAL HELP AND THE HIGH COURT ORDERS IN THEIR FAVOUR. DUE TO INABILITY TO PAY SCHOOL FEES, THEY WERE CONTINUOUSLY FACING HUMILIATION. ULTIMATELY, THE MOTHER TOOK TRANSFER CERTIFICATE IN ORDER TO GET HER SON ADMITTED IN A GOVERNMENT SCHOOL IN CLASS IX.

KNOW MORE ABOUT ADV ASHOK AGARWAL

MOCKERY OF RIGHT TO EDUCATION - Delhi Govt Schools deny admission to 4+yrs age children in pre-primary class

Delhi Government school, namely, Govt Sarvodyaya Boys/Girls School, Patpar Ganj, Delhi-110091 has denied admissions to as many as 15 students of 4+ years age in pre-primary class in the academic year 2012-13 on the alleged ground that school has no permission to admit more than 40 children. It is only a sample. The same thing is happening in all the Delhi Government Sarvodyaya Schools. It is submitted that such denial of admission is not only unconstitutional, arbitrary, discriminatory, violative of Articles 14 (right to equality), 21 (right to life with dignity), 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India but also in violation of Section 11 of Right of Children to Free and Compulsory Education Act, 2009.

FREE BEDS FACILITY IN PRIVATE HOSPITALS FOR POOR

On April 03, 2012, a meeting took place in Delhi Secretariat on the invitation from the Delhi Principal Secretary (Health) to work out more smooth ways and means to implement Supreme Court and Delhi High Court orders directing private hospitals situated on public lands to provide totally free treatment to the extent of 10% IPD and 25% OPD to the patients belonging to economically weaker section (EWS). Members of the monitoring committee, representatives from government-run hospitals and representatives from identified private hospitals participated in the meeting. At present, there are 43 identified private hospitals with nearly 800 free-beds facility. It is expected that now private dispensaries situated on public lands would also be included for the purpose of providing free-treatment to the EWS patients. Mr. Ashok Agarwal, advocate and member of the monitoring committee suggested for opening of 24X7 Helpline by Delhi Government for the help of EWS patients. The principal secretary(Health) has given a clear message to all the identified private hospitals that strict action would be taken against the defaulting hospitals. It was again clarified that EWS patient from any part of the country would be eligible to get totally free treatment in the identified private hospitals. It was further clarified that mere declaration by the patient or his/her relative in regard to the family income would be sufficient proof and no hospital would insist for producing any kind of documentary proof.

AIPA MEET ON SUNDAY 08 APRIL 2012 ON ARBITRARY SCHOOL FEE HIKE

AIPA MEET ON ARBITRARY SCHOOL FEE HIKE - All India Parents Association (Delhi Chapter) is organizing a meeting on Sunday 08 April 2012 from 11.00 am to 1.00 pm at Canteen, Western Wing, Tis Hazari Courts, Delhi-110054 (near Tis Hazari Metro Station) to discuss and chalk out action plan on arbitrary and exorbitant fee hike by unaided private schools of Delhi. All the parents and parents' associations are invited to attend the meeting in time. (Contact Mr. I. S. Gambir, President AIPA (Delhi Chapter) Mob. 09810133325)