Saturday, January 16, 2010

GREEDY SCHOOL LEAVES STUDENTS TO SHIVER & SUFFER IN SEVERE COLD

Mr Ashok Agarwal,
The President,
All India Parent Association,
Delhi India

Sub : - Regarding Arrears enforcement, harassment and humiliation to Parent and their Child by Rukhmani Devi Jaipuria Public School,23, Rajpur Road, Delhi-54,India.

Kind attn: Mr Ashok Agarwal Ji,

I want to expedite and inform you that, in spite of High Court Order and all India Parents association Kind Request , the Menace of Arrears enforcement, harassment and humiliation to the Parents and their Childs by Rukhmani Devi Jaipuria Public School,23, Rajpur Road, Delhi-54,India is still ON over last One year now.


I want to request you sir, and the Delhi High Court and Directorate of Education ,Delhi / authority to take the necessary action on such school management.


I have regularly reported in last few Years to the School management about the Pathetic condition of the classroom for children and for class Teachers.


The Classroom are not having the minimum very basic standards of education and not having basic adequate facility for the child and for the class teachers in spite of school is raising the school Fees every years at the rate of 20 to 30% Annually.


The school is having below average Teacher and teaching standard in spite of every year hike of 20-30% school Fees and implementation of 6th Pay Commission.


In this severe and shivering worst Winter the students are sitting in the class with open windows and no grill in the window and have no window pane, on the other hand the School Principal is sitting in a closed Room with Room Heater and with all winter comfort.


I want to ask the directorate office and Delhi High Court, that, in spite of 6th Pay commission Fees, how can a principal can enjoy all this winter comfort and Keep our Childs and our wards in a classroom in severe cold and shivering worst winter condition which are not adequate and not meeting minimum basic standard of classroom of any Public School standard.


What is the benefit of paying hiked Fees to the school by the Parents, when our wards are not getting the due benefit of our hiked Fees as per 6th Pay commission.
Now school Principal is enforcing and demanding with every Parents for the so called ARREARS dues as and claimed by school authority as reason of per 6th Pay commission order and directorate order dated 11/2/2009 .


Sir, School Principal is enforcing and demanding this ARREAR DUES , ELSE, THEY will not allow our child to attend school classes.


School authorities are not giving child Report Card without taking Arrears and OR taking undertaking by Parents to pay ARREARS WITHIN 16TH Jan2009.Otherwise, school will dismiss our child from the Register. But, I have managed to get Report card without undertaking and after having dialogues and arguments with Principal. But, School is harassing every Parents and child for this issue.


This is happening in a Public school which is at the Locality and below the Nose of Delhi Directorate of education Office.


Sir, Please help us and protect us from being harassed any more now by school authority.


Best Regards,


Mahendra Singh
On Self and on Behalf of Parent Association
Rukhmani Devi Jaipuria Public School,
23, Rajpur Road, Delhi-54,India

GOVT FAILS TO FRAME GUIDELINES FOR PRE SCHOOLS

To, 15.01.2010
The Director of Education,
Govt. of NCT of Delhi,
Old Secretariat Building,
Civil Lines, Delhi-110054,

Sub: - Govt. fails to frame guidelines for pre-schools

Dear Sir,

Your kind attention is drawn to Clause 21 of Recognized Schools (Admission Procedure for Pre-primary Class) Order, 2007 in terms of which you were required to frame guidelines for pre-schools which has not been done so far.


The Clause 21 of the said Order is being reproduced as under:-

“There shall be one year of pre-primary class in every school. A class of one year duration preceding this called pre-school may be set-up as a neighbouring pre-school and the Education Department shall frame the guidelines in this regard, in consultant with experts. The school which are already running pre-school class may continue to do so subject to the following conditions:-

(a) Every child admitted to pre-school shall be of minimum three years by 31st March of the year in which admission is being sought;

(b) The schools shall frame their own guidelines for admission to pre-school class and the same criteria as for admission to the pre-primary schools are framed;

(c) Any such school which has a pre-school class from the session commencing in April 2008, shall move those students to the pre-primary class for the session commencing in April 2009. after that, the final norms to be notified for the pre-school class shall be followed.”


You may appreciate that in the letters and spirit of the various Orders of the Hon’ble Delhi High Court, Ashok Ganguly Committee Report and your above referred Order of 2007, all the recognized private schools will have only one year of pre-primary class and the practice of having more than one year of pre-primary classes are required to be stopped.


Nearly, three years of the said Order have gone but the Government has not framed the guidelines for pre-schools, resulting in continuation of unfair, exploitative and anti-child practice of formal schools having more than one year of pre-primary classes in the school.


You are, therefore, requested to kindly frame the guidelines in regard to pre-schools in terms of Clause 21 of the aforesaid Orderof 2007 and to stop the practice of schools having more than one year of pre-primary classes in their formal schools at the earliest.


With regards,


Ashok Agarwal, Advocate
Advisor, Social Jurist
(M) 9811101923

NCERT PANEL WILL DECIDE ON RTE FOR CITY SCHOOLS

TIMES NEWS NETWORK New Delhi: The National Council of Educational Research and Training (NCERT) has constituted a committee under the chairpersonship of Ashok Agarwal , a legal expert and associated with Social Jurist, to look into the implementation of Right to Education (RTE) Act 2009 in city schools.


The committee would look into different aspects of government schools such as socio-economic background of children, service conditions , training, status of teachers, administrative functioning and structure of education departments. This 11-member committee draws experts and stakeholders from different spheres like faculty members of NCERT and National University of Educational Planning and Administration (NUEPA), representatives from NGOs, a MCD schoolteacher and some individual experts working in related areas.


According to Hemnat Kumar , assistant editor, NCERT, The NCERT has taken this initiative to prepare an elaborate policy framework to enable the implementation of RTE Act in schools of Delhi. The aim is to recommend this policy framework to MCD, NDMC, Delhi Cantonment Board and the Delhi administration , which would help them prepare for the challenges posed by RTE Act for providing quality education to children from classes I to VIII. This is crucial for these agencies as within six months of the notification of RTE Act the state government will be required to fulfill the Acts mandate.

SJ REPORT ON ANNUAL DAY CELEBRATION IN DELHI GOVT SCHOOL

Today on 14th January 2010 SKV Noor Nagar Celebrated its Annual Day with enthusiasm and zeal. This achievement would not have been possible without the sincere efforts of Principal Mrs. Razia Begum & Staff Members.


The Chief Guest Mrs. Shanta Sinha, Chairperson of the newly constituted National Commission for Protection of Child Rights (NCPCR) is known for her pioneering work on the issue of child right. She was awarded with Padamshri in 1998 and Magsaysay. She laid stress on the education of each and every child. No single Child should be involved in labour work and be deprived from his/her fundamental right of Education.


Mrs. Shanta Sinha( Chief Guest) was very much impressed with the performance of the children of School. She added in the end of her speech “if the programmes of the Government School are so good, the children are so disciplined and Staff and the Principal is working with synergy and innovative methods of inculcating education, then I wonder why there is a need of private Schools in our Country”. On this occasion she expressed her astonishment that every performance was so meticulously performed in very short time, when the principal’s tenure is only of two to three months. She designated the students as heroines after seeing their performance. Every child should go to school. She shared her experience with the children about her childhood education in Aided School & expressed her desires why she failed to study in such a Government School.


The other Guest of Honour was Dr. Shahid Parvez. Regional Director, Maulana Azad National University laid stressed on the Urdu Language. Students should pursue with this language till higher levels as Government of India had already planned courses for Urdu Language, Its status is no lesser than any other language. Students should pursue this freely for their bright future. He expressed his views regarding the programmes that he is surprised and speechless after seeing the vibrant programme performed by the Girls of S.K.V Noor Nagar School mainly belonging to Minority. He also stressed that every child should pursue higher studies and language is no bar for Education.


Distinguished Guest Advocate Ashok Agarwal (a Social Jurist) laid stressed on the aspect of self respect. Self respect is a key for human being. A person should never compromise with his /her circumstances. On the other hand, one should face them bravely. He expressed his desires that every disabled Child should also be brought to school.


It was the pleasure of the school to be with the esteemed presence of the personalities. Principal Mrs. Razia Begum extended her gratitude to all who have contributed with their constructive suggestions to make this function a great gala.


She shared with the students and others presence their role in developing the Country by becoming the right Citizen and to work for the community, By the Community, With the Community. She thanked Directorate of Education for giving this platform to honour such dignitaries as Principal of Noor Nagar School.

Friday, December 4, 2009

INDIAN GOVT SCHOOL EXPELS 12YRS STUDENT IN VIOLATION OF RTE ACT 2009

SOCIAL JURIST
A Civil Rights Group

03.12.2009
To,
Hon’ble Shri Arvinder Singh Lovely,
Education Minister
Govt. of GNCT of Delhi,
Delhi Secretariat, IP Estate,
New Delhi-110002

Sub: - Govt. School expels 12 year old student in violation of the Right of Children to Free & Compulsory Education Act, 2009

Dear Shri Arvinder Singh ji,

It is brought to your kind notice that Master Ajay, a student of VI-C of Govt. Sr. Secondary School No.1 (boys) (second shift), Model Town-III, Delhi is not being allowed to attend classes by the principal of the school Shri Kishan Bhardwaj (Phone no 01127456108) saying that his name has been removed from the rolls of the school & under no circumstance, he would be readmitted in the school.

Master Ajay belongs to slum area of Lal Bagh & because of some family turmoil & problems, he was absent from 5th August’2009 onwards for almost 3 weeks at a stretch & because of this, his name was deleted from the roll call register. However, Ajay keeps on attending classes merely because of his interest in studies after that also and no one in the school objected to that. That again, because of disturbances & problems in the family of Ajay, his elder brother named Ajeet (20 years) died by committing suicide on 29 October 2009.


It is submitted that the last cremation and other rituals were performed by Ajay only as per his family wishes. But this again has great impact on this child’s mind now. So, to keep him engaged in studies, his parents (both laborers) want to readmit him in the school. The parents took the child to the school but the principal was adamant to readmit Ajay.


The parents of Ajay met Shri Nirbhay Narula (mob no. - 9810020302), a RETF volunteer about 15 days ago & brought to his notice the above facts. Mr. Nirbhay Narula immediately went to the school along with Ajay & his parents and met the principal appraising him with all the situation & happenings with Ajay. But, the principal flatly refused to readmit Ajay. Thereafter, Mr. Nirbhay Narula sent me an e-mail bringing to my notice the aforesaid facts.


On 12/1/2009, I sent an e-mail to Shri Rakesh Mohan, Secretary of Education, Govt. of NCT of Delhi bringing to his notice the aforementioned facts and requesting him to do the needful on urgent basis. However, nothing has been done on the matter till date.


You are well aware of the fact that the right to education is a fundamental right of every child under the Constitution. Article 21-A mandates the State to provide free & compulsory education to all children in the age group of 6-14 years. Moreover, the Delhi Schools Education Act, 1973 the Right of Children to Free & Compulsory Education Act, 2009 prohibit the school to expel or rusticate any student below the age of 14 years on any ground. Section-16 of the Right of Children to Free & Compulsory Education, 2009 is reproduced as under:-

“No child admitted in a school shall be held back in any class or
expelled from school till the completion of elementary education.”


Since Ajay is only 12 years old, the school was totally unjustified in refusing to readmit him in the school. In fact Ajay is also entitled to compensation from the school for violation of his fundamental right to education as guaranteed under articles 21 & 21-A of the Constitution of India.


It is, therefore, requested that necessary directions may be kindly issued to the school to readmit Ajay immediately and allow him to pursue his education further.

With Regards,

Ashok Agarwal, Advocate,
Advisor, Social Jurist,
Mob. No- 09811101923

Friday, May 15, 2009

Contempt Notice - No Annual Report Cards To 8 Lacs Students of Mcd Schools


15.05.2009

To
The Commissioner
Municipal Corporation of Delhi
Town Hall Chandni Chowk
Delhi- 110006

Sub: Contempt Notice – No Annual Report Cards to 8 lacs students of MCD Schools

Dear Sir,

Take notice that a Division Bench of the Hon’ble Delhi High Court in the matter of Social Jurist vs.Union of India & Ors. [WP(C) 3507 of 2000] has passed the following Orders on July 7, 2006:-

“ORDER
07/04/2006

Present Mr. Ashok Agarwal for Petitioner
Mr. Tarun Sharma for Respondent

CM-8094/2006

This is an application filed by the petitioner interalia stating that MCD Schools are not making any assessment of students progress up to grade five and are not providing report cards or any evidence what so ever of the child having attended School. It has been contended before us by Mr. Agarwal that in the absence of any Report Card there is no incentive to learn as merit will not be recognized or rewarded. Even the parents will have no material before them to understand whether their child is doing well or not. Even intense relationship between the teachers and students may be hampered if the teachers hardly knows the names of children and there is no personal touch in the classroom and this will lead to a tendency where even 100 or 125 children can be clustered into the classrooms with no provision of chairs or tables and the individual needs for better performance neither can be monitored nor can be looked after by a teacher in such a situation. Therefore, in view of the fact that about million children are studying in the MCD Schools in 1854 schools and no Report Cards are maintained, we direct the Additional Commissioner, MCD to ensure, that a report card for these tiny tots going to the primary schools be maintained on the pattern of the progress report cards which are issued by other private schools in order to achieve the objects which we have highlighted above. The time to be taken for issuance of report cards be also indicated in the status report which we have directed to be filed by the MCD. The efforts should be made




by the Additional Commissioner, MCD and the Director of Education to start the report cards from the current academic year itself. (Application stands disposed)

WP(C) No. 3507/2000

Counsel for the respondent says that he will personally go to the school as pathetic condition which has been demonstrated in the photographs has been brought to our notice. We are surprised to see that after 60 years of independence the MCD schools are running in tents and the appalling conditions under which the future generation of this country is taking education. Steps be taken to immediately improve the conditions. Let status report be filed along with the affidavit of Additional Commissioner, MCD, within four weeks. The status report also indicate as to how many schools are running in tents by the MCD.

Renotify on 23.08.2006

July 07, 2006

Acting Chief Justice
Kailash Gambhir J”


In terms of the aforesaid Orders of the Hon’ble Delhi High Court, you were obliged to ensure that report cards are issued to all the students of all the MCD Primary Schools regularly. However, in utter disobedience of the said Orders, in the academic year 2008-2009, no student of Classes I to IV has been issued annual report card by any MCD Primary School throughout the city. Thus, nearly eight lacs students of Classes I to IV of MCD Primary Schools have not received their Annual Report Cards till date. It is no less a criminal negligence besides being deliberate disobedience of the Orders of the Hon’ble Delhi High Court. It also reflects that the MCD authorities are totally apathetic to the educational needs of the students.


We have received written complaints from the parents of several students of class I to IV studying in MCD run schools complaining that their wards have not been provided with the Annual Report Cards for the academic year 2008-09. Copies of some of these complaints are enclosed hereto for your ready reference.

One of the parents, namely, Masood (Mob.9958914898) of student Farman of Class V passed from the MCD Primary School, Photo Chowk, Welcome, Delhi has even complained that the class teacher demanded Rs.200/- for providing Annual Report Card to Farman., which he got only after payment of Rs.100/-.


Nathia (Mob.9999017324) has complained that her son Taleeb has been promoted from Class I to Class II by the MCD Primary School, Shastri Park but Taleeb has not been provided with Annual Report Card by the School. Similarly Meerhasan (Mob. 9999017324) has complained that his daughter Shehanaz studying in MCD Primary School, Shastri Park has been Promoted from Class I to II, but she has not be given the Annual Report Card. Sharif (9971926819) father of Master Rehan has complained that his son is studying in MCD Primary School, Shashtri Park and has been promoted from Class IV to V but he was denied Annual Report Card saying that the School has not received the printed report cards from the MCD office. Shri Anees (Mob.9250697984) has complaint that his two wards are studying in MCD Primary School, near Seelampur Gurudwara and their wards have not been provided with annual Report Cards by the school.

It is submitted that the non providing of annual report cards to the students violates the human and fundamental right to education of the students as guaranteed under the Constitution of India.

Take notice that you are the authority responsible for the implementation of the aforesaid Orders of the Hon’ble Delhi High Court dated July 7, 2006. Failure on your part to comply with the directions of the Hon’ble Delhi High Court tentamounts to contempt of the Hon’ble Delhi High Court which attract penal action against you.

With regards,

Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923

Sunday, March 22, 2009

SCHOOL LAW HELPLINE

Right to Education Task Force (RETF) is a group of volunteers intervening into the matter of complaints of parents, students and social activists etc. relating to the problems involving violation of child rights being faced by the students/parents with private as well as with government schools primarily in Delhi, and also in other states/union territories of India. The complaints are handled by the legal experts. All services are totally voluntary & free of cost. One can write to RETF at Email: socialjurist@socialjurist.com and/or to The Convener, Right to Education Task Force, 478-479, Lawyers Chambers, Western Wing, Tis Hazari Courts, Delhi-110054 (India). Complaints can also be lodged at HELPLINES- 09811101923, 011-23384000, 09868529459.


Ashok Agarwal, Advocate
Convener, RETF
M-09811101923