Monday, June 25, 2012

VICTIM OF INDIFFERENCE - Request for immediate intervention to save the lives of Destitute Children

A team consisting of Shri Venkatesh from MVF, Shri Yahoan and Shri Basha from CRAF (NGO) led by Advocate Ashok Agarwal visited a Slum situated near Vegetable and Flower Markets at Vijayawada (Andhra Pradesh) on the early morning of 20th June 2012 and discovered these two severally disabled children in a hut. Their parents are stated to have died long ago and they are looked after by sister-in-law. Most probably their brother and sister-in-law go for begging. Apparently these children are in critical condition and need immediate medical attention and rehabilitation by the State. Though these facts has been brought to the notice of Father Koshi, Chairperson, CWC, Krishana District in which Vijayawada falls, on 21st June 2012 and he has assured immediate action. However, till date no effective action has been taken and these two critically ill disabled children are still lying in the Hut. 25 June 2012 Ashok Agarwal Advocate 483 Block II,Lawyers chambers,Delhi High Court,New Delhi-110003 Prasently at M.V.Foundation, 201Narayana Apartment,west Maredpally, Secundrabad ,,04027801320. M-09811101923

Sunday, June 17, 2012

LNJP Hospital denies treatment to Ankit suffering from a disorder with his genitalia (regarding penis size)

SOCIAL JURIST 478, Lawyers Chambers, Western Wing, Tis Hazari Courts, Delhi-54 To The Principal Secretary (Health) Govt. of NCT of Delhi Secretariat, I.P. Estate New Delhi- 110002 08.06.2012 Subject: Denial of treatment to Ankit at LNJP Hospital/ Maulana Azad Hospital Dear Sir, Ms. Manju, a resident of E-70, Shashi Garden, Delhi-110091 (M- 9213250623) has given us a written complaint dated 08.06.2012 primarily raising a grievance that her son Ankit, aged 15-years, is suffering from a disorder with his genitalia (regarding penis size) and requires medical intervention. For his treatment, she took him to Delhi Govt. run dispensary at Shashi Garden on 05.06.2012. The Doctor at the said dispensary referred the matter to LNJP Hospital for expert opinion. Accordingly, the mother took him to LNJP Hospital on 06.06.2012. Ankit was examined by the Doctor at LNJP Hospital who prescribed certain tests. On the next day, Ankit’s X-ray was taken but so far as other tests are concerned, the laboratory at Maulana Azad told the patient’s mother that in absence of the availability of the chemical in the lab required for the given test, the test could not be conducted. She was advised to come after 2 months when a date for the test may be given. We are surprised that a Hospital like Maulana Azad does not have the basic facilities for the required tests. In these circumstances, the chances of the patient getting the tests done seem bleak. In a nutshell, it amounts to denial of essential medical treatment to Ankit who belongs to an economically weaker section and is unable to afford tests from private labs. It’s a serious matter as it is tantamount to violation of human and fundamental right of a child to health. We request you to kindly look into this matter on an urgent basis and take appropriate action so that Ankit can get appropriate medical treatment in LNJP Hospital/ Maulana Azad Hospital as early as possible. With regards, Ashok Agarwal, Advocate Adviser, Social Jurist M-9811101923

RTE VIOLATION- Delhi Govt. Schools deny English subject and impose Sanskrit subject in Class XI

SOCIAL JURIST 478-479, Lawyers Chambers, Western Wing, Tis Hazari Courts, Delhi-110054 To The Director of Education Govt. of NCT of Delhi Old Secretariat Building, Civil Lines, Delhi-110054 16.06.2012 Subject: Students being denied the English subject in class XI Dear Sir, We would like to draw your attention towards the fact that Government run schools are denying the English subject in class XI to those students who have though been declared qualified in the Class X CBSE Examination 2011-12. We, at Social Jurist, have received certain letters from students, namely Jeenat, Sonali Rawat, Aisha Parveen, Uzma and Mubeena, all of them who have qualified in Class X CBSE Examination. They are students of Sarvodaya Kanya Vidyalaya, Shastri Park and wish to take up English as a subject in Class XI but are being denied the same. According to the Order of the Delhi High Court in LPA no.635 of 2010, wherein the appellant had not passed the English subject in Class X CBSE Examination, the Hon’ble High Court had issued a direction that the appellant be allocated English subject to the condition that she clears the CBSE Supplementary Examination in English. A copy of the order is attached for your perusal. It is submitted that amongst the complaints received, there are cases of students who have been declared qualified in English in Class X CBSE Examination and still were denied the subject in Class XI. Copies of the letters received are attached for your perusal. It is submitted English has attained immense importance as a language today for it is the globally recognized language and is an instrument for stepping into the competitive world which awaits these students. By denying them a subject of their choice, they are not only being forced to study a subject against their will but also hampering their chances to be on an equal footing with students from Private schools. We request you to extend the benefit of the aforementioned Order of the Hon’ble Delhi High Court to all the similarly situated students at your end and take further action as deemed necessary. With regards, Ashok Agarwal, Advocate Adviser, Social Jurist M-9811101923

Wednesday, June 6, 2012

Unaided School insists parent to pay late fee fine beyond legally prescribe

Mr. Suresh Kaushik (M-9868217572) whose two wards are studying in Darbari Lal D.A.V School, ND Block, Pitampura, Delhi in Classes X and IV has complained to me that he could not deposit fee for quarter April-June 2012 in the month of April 2012 for some unavoidable reasons. Today, when he went to the school to deposit the fee, the school arbitrarily, illegally and unjustly asked him to deposit fee along with Rs.200/- per student on account of late fee fine. The parent objected to it on the ground that Rule 166 of Delhi School Education Rules, 1973 prescribes fine for late payment of fees at the rate of five paise for every day after the 10th, for which the default continues but the school still insisted upon the payment of fine of Rs.200/- each student.

Tuesday, June 5, 2012

Unaided Schools are Heartless

Today morning a 12 class failed student of an unaided private school at Sector 15, Rohini, Delhi approached me saying that her father who was working as a Molder in a factory has died six months ago. Her mother is also suffering from Liver ailment. After the death of her father, they have no other source of income except Rental Income of Rs.3000/-. She wants to continue her studies in the school to complete class 12 but they was no money to pay on account of school fees. The school has refused to grant any fee concession and is demanding full fee, failing which, she will not be granted re-admission in class XII. No other school including government school provides admission to a student straight in Class XII.

Saturday, June 2, 2012

‘My teacher is always sleeping in class’

DECCAN HERALD 3 JUNE 2012 New Delhi, May 31 2012, DHNS: Several children have written postcards to Chief Justice of Delhi asking him to intervene in resolving persistent issues in government schools — relating to health, water, absent teachers, hygiene, security and abuse by non-teaching staff. The postcard campaign was organised by a civil rights group at Jahangirpuri resettlement colony and Samaypur Badli slum colony for children from economically weaker background. This campaign saw wide-scale participation from children studying in government schools — Sarvodya Kanya Vidyalaya, Badli, Government Boys Senior Secondary School, Badli, Government Boys Senior Secondary School, Jahangirpuri and others. Nearly 75 postcards were collected. Madhubala, a class 11 student of Sarvodya Kanya Vidyalaya, Badli complained that students have to clean classrooms on a roll number- wise roster. Premchand, a class 12 student of Government Boys Senior Secondary School, Badli said that the teachers are always sleeping in the class. Students also alleged that teachers force them to deal with garbage. They complained that in many schools fans did not work, there is no water supply, no canteens and the toilets are unhygienic. Siraz Anwar, a student of Government Boys Senior Secondary School, Azadpur Colony highlighted that cleaners abuse students and they are forced to leave school premises even during school hours due to lack of security. Lack of books and bad condition of stationery in schools were also highlighted. Students wrote about inadequate computer facilities and teachers who were not trained to teach their subject. Khagesh Jha and Ashok Agarwal, advocates and RTE campaigners expressed their happiness over various High Court orders regarding the Right to Education, which have been instrumental in initiating a positive change. However, they said a lot more needs to be done to improve basic facilities in government schools. On the positive side, Sushmita, a student of MCD Primary School, Rohini Sector-18 said teachers are helpful and she feels safe in school.


It is no secret that the teachers and non teaching staff of unaided private schools are exploited by the managements of their schools. As per DSE Act and Rules 1973 they must be paid at par with their counter parts in Government Schools and on paper they are paid at par but the reality is totally different. The school managements have devised various tactics by which they pay only meager salaries to the teaching and non teaching staff and underhand take back a major part of the salary shown in books as paid to the teaching and non teaching staff. Secondly there is no job security, many teachers are hired on temporary /ad hoc basis and are never made permanent even after teaching for many years, simply by manipulating their service records. Hardly any teacher dares to raise his/her voice against the injustice and anybody who dares is immediately terminated by the school management. On the other hand, the parents are being exploited by the managements of unaided private schools since they know that the parents have no other option than to get their wards admitted in unaided private schools as the standard of education in the Government or Government aided schools are very poor. The managements of unaided schools are very conveniently using teachers against parents and the parents against teachers to achieve their ulterior goals of making as much money as possible in shortest possible time. All India Parents Association (AIPA) believes that until and unless parents, Teacher and non teaching staff are united, this exploitation is not going to end. In order to discus and understand the problems faced by the teaching and non teaching staff of unaided private schools and to find out solutions, the AIPA is organizing a meeting on Sunday the 3rd June 2012 at 11:00 AM at Lawyers Canteen, Western Wing, Tis Hazari Courts Delhi. Teachers and staff members from unaided private schools are welcome and invited to join the meeting to share their experiences and problems to chalk out an action plan to fight against the exploitation. Ashok Agarwal, Advocate National President, AIPA M-09811101923 I.S.Gambhir President, AIPA, Delhi M-9717278279

Stopping grants to aided schools mockery: SC lawyer

June 1, 2012 TEAM HERALD PANJIM: “Stopping grants to aided schools and forcing them to go with the regional language is a joke and mockery,” senior advocate of the Supreme Court Ashok Agarwal stated when contacted by Herald on Thursday. Taking forward the view expressed by Professor Afonso Botelho on how denial of right to choose a language infringes on human rights, the legal fraternity has categorically said that the government cannot scuttle the genuine bonafide aspirations of the people to educate their children in the English medium. “Denial of knowledge is denial of human rights,” says senior advocate of the Supreme Court Ashok Agarwal an RTE activist who is in Goa and has been guiding parents who have been petitioning the High Court over the issue. Advocate Agarwal who is a renowned practicing lawyer in Delhi today said that any decision taken by the government that is not in the interests of parents wanting to choose the medium of instruction for their wards would be creating an obstruction to providing quality education, the denial of which is more than violating human rights. Aware of the ground realities in Goa, this senior apex court counsel said that the government should take a decision that will help the future generations to move forward and not backward and should not create a situation which is against the wishes of parents and children. “Any attempt to force regional languages as medium of instruction can result in student drop outs,” he said adding that children if educated in a language they cannot understand, will not acquire knowledge. “They will be unable to compete with the rest of the world, it will cause frustration and will be detrimental to their growth,” he explained. Advocate Cleofato Almeida Coutinho, a senior advocate from South Goa also endorsed the view that forcing a medium of instruction is a violation of the fundamental rights vested in parents who wish to provide the right kind of education for their children. Advocate Cleofato cited various constitutional provisions and those under fundamental rights linked with convention of the United Nations which makes it the duty of a parent to provide the opportunities to educate children between the age of 6-14 in the sphere they think is right for them. “Forcing upon them, a decision which is against their wishes is definitely a violation of their fundamental rights and duties,” he said. Raadharao Gracias, lawyer who has been fighting vociferously on the MOI issue said, “It is the intrinsic right of a parent to instruct the child in a language that will further the career of the child.” “ To deny such a right would amount to denial of basic human rights as also the rights guaranteed under the Constitution of India,” he said. According to him Article 29 of the Constitution mandates that no citizen shall be denied admission into any educational institution “only on grounds of religion, race, caste, language or any of them”. Similarly Article 30 of the Constitution grants the rights to all minorities “based on religion or language to establish and administer educational institution of their choice”. The same article also provides that the “State shall not in granting aid to educational institutions discriminate against any educational institution on the ground that it is under the management of a minority whether based on religion or language”. “Hence, it is the inherent rights of parents to educate their child in any language of their choice as guaranteed by the Constitution,” he reiterated.