Sunday, February 14, 2010

PROFILE OF MR. ASHOK AGARWAL, ADVOCATE, 483, BLOCK II, LAWYERS CHAMBERS, DELHI HIGH COURT, NEW DELHI-110003 (INDIA)

Born on 02nd September 1951. Completed law in 1976 and has been practicing in the Supreme Court and the Delhi High Court. Expertise area is service and labour laws. Has appeared before the courts for the workers in thousands of cases. During the last 12 years, besides doing the usual professional work, lot of work has been done for the rights of the children and particularly for the children belonging to the weaker sections of society. Public Interest Litigation has been specifically used as a tool to highlight the socio-legal grievances of the poor and downtrodden. Several articles have been written in the past on the draft right to education bill which has to some extent influenced the framing of the Right of Children to Free and Compulsory Education Act, 2009.


OUTLOOK MAGZINE writes, “Call him the scourge of Delhi's education babus and the owners of upscale private schools. Or, call him an indefatigable fighter for good schooling for the capital's poor and powerless. Lawyer Ashok Agarwal is both. His brahmastra is the PIL: for 10 years now, Social Jurist, the lawyer's collective set up by Agarwal, has forced accountability upon a reluctant system, by successfully moving the courts. It has alerted them to admission irregularities, the abysmal lack of basic amenities, and dereliction of duty by teachers and principals in state-run schools. It has forced checks on extortionate fee hikes by private schools. If children from poor families are now being admitted free to Delhi private schools that took cheap land from the government but reneged on social commitments, and if a three-year-old is no longer subjected to an admission interview, this down-to-earth man of action has a lot to do with it.”
--------------------

Wednesday, February 3, 2010

FEB 13, 2010 MARCH TO PARLIAMENT FOR PROTECTION OF RIGHT TO EDUCATION OF DISABLED CHILDREN

03.02.2010


MARCH TO PARLIAMENT FOR THE PROTECTION OF RIGHT TO EDUCATION OF OVER TWO CRORES DISABLED CHILDREN ON SATURDAY, FEB 13, 2010 FROM 11.00 AM TO 12.30 PM – JOIN US AT JANTAR MANTAR AT 11.00 AM

Dear Friends,

It is shocking to know that even after 62 years of independence; over 2 crores children with disabilities of this country have totally been denied the right to education. What ever figures are available is the pointer of the fact that only less than one percent of these children with disabilities are in the mainstream school system. It is submitted that the children with disabilities are the worst sufferers as they are massively deprived of all human and fundamental rights. Interestingly, even those children who are in schools do not have basic facilities like special teachers, aids and appliances, reading and learning material, barrier free environment, special toilets, ramps etc. Even premier institution like Kendriya Vidyalaya Sangathan (KVS) have admitted before the Hon’ble Delhi High Court that they do not have any staff to take care of the educational needs of the disabled children studying in their schools. How long the rulers of this country would continue to deny the basic right to education to our children with disabilities?


It is submitted that all children including the children with disabilities have a basic human and fundamental right to receive good quality education in the mainstream schools as guaranteed to them under Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Right of Children to Free and Compulsory Education Act, 2009 and UN Convention on the Rights of Persons with Disabilities (2008). It is estimated that about 10 crores children are out of school and are engaged in labour though their right place is in schools. Those children who are in the government school system are receiving very poor quality of education. It is all happening due to the apathy of the governments towards the educational needs of the children of the masses of this country.


In order to highlight the violations of the right to education of the children with disabilities, All India Parents Association (AIPA) is organizing a March to the Parliament on Saturday, February 13, 2010 from 11.00 am to 12.30 pm

DEMANDING FROM THE CENTRAL AND THE STATE GOVERNMENT TO ENSURE THAT :

· No government or private school deny admission to the children with disabilities

· All the schools whether government or private shall provide totally free education to the children with disabilities at all levels

· All schools whether government or private should have all basic facilities like, adequate number of qualified special teachers, aids and appliances, ramps, special toilet, teaching and learning material, barrier free environment etc.

· Availability of basic facilities for the disabled children in school must be made a condition of grant of recognition to the school

· Totally free health security to the children with disabilities. Schools should be so equipped with basic medical expertise that the children with disabilities may get appropriate medical assistance, guidance and advice.


The AIPA will submit a memorandum to the Hon’ble Prime Minister of India inviting his kind attention to the aforementioned demands and seeking his intervention for realization of the same.


Lawyers, parents, students, professionals, children with disabilities , NGOs, social activists and concerned citizens in big number holding placards in their hands are expected to participate in this “HISTORICAL MARCH” to parliament on Saturday, Feb. 13, 2010 from 11.00 am to 12.30 pm.
.

We request you to kindly join us and participate in time to make the March to Parliament for the protection of the right to education of the children with disabilities a great success.


With regards,


Ashok Agarwal, Advocate
National President, AIPA
M-09811101923

Thursday, January 28, 2010

PRIVATE SCHOOLS MUST ROLL BACK FEE HIKES

THE TIMES OF INDIA, GOA
THURSDAY, DECEMBER 31, 2009


Commercialization of Education Had Become Nationwide Problem, Says Activist

Rajeshree Nagarsekar TNN

Margao: While calling upon parents in Goa to demand that the government direct unaided, recognized, private schools to ensure that they roll back the hikes in fee and other charges to a level that is just, reasonable and devoid of an element of commercialization, Supreme Court lawyer and president of All India Parents Association, Ashok Agarwal on Wednesday said that the issue of commercialization of education has become a nationwide problem.



“Writ petitions have been filed in high courts of about 10 states, including Goa, after the historic Supreme Court judgement of April 27, 2004 in the Modern School case which has far reaching effects in the field of school education – not only for Delhi Schools but also for schools all over the country,” said Agarwal whose petition led to the judgement in which the SC categorically held that the government has the authority to regulate the fee in unaided schools.



“The Supreme Court was primarily dealing with the menace of commercialization of education and exploitation of hapless parents by unaided recognized private schools in Delhi through arbitrary fee hikes every year. This judgement is being seen as a radical step to make education in private schools affordable to common man and to encourage integration of children belonging to weaker section in the schools that were hitherto known as elite schools,” he told TOI on Wednesday.



Explaining the significant aspect of the judgement, Agarwal said, “It has finally laid to rest the controversy whether the government has the authority to regulate the fee and other charges of unaided recognized private schools and thus to prevent commercialization of education. The two significant conditions pointed out by the Supreme Court are: (a) a school shall not increase the rates of tuition fee without the prior sanction of the Directorate of Education, and (b) the school shall admit students belonging to the weaker section to the extent of 25% and grant them free-ships,” he informed.



Agarwal added that in the Goan context, it is binding on the government to initiate action against unaided schools who failed to provide their fee structures to the government, despite several circulars. He also called for the formation of a comprehensive national law for regulating all affairs, including fee structures of private unaided schools, besides strongly advocating up-gradation of all government schools to the minimum level of Kendre Vidyalaya to end the prevailing discrimination in the educational system.



Citing the recent cabinet decision to allow schools run by the minorities to have their own managing committees without government interference, Agarwal remarked that the government intends to bring amendments to the Education Act to provide more liberties to the private schools and suggested the presence of at least 50% parents on the managing committee of the private schools to ensure better transparency.



“Right to education is a fundamental right of every child under the Constitution as Article 21-A mandates the state to provide free and compulsory education to all children in the age of 6-14 years. This right, moreover, does not depend on the capacity of the parents to afford fee or not. Therefore, every child whether studying in private or state-run school is entitled to free education. The state should bear the entire expenses even of the children studying in private-run schools,” he opined.
______________________

Thursday, January 21, 2010

Notice against PIL on school fee regulation

Chennai, Jan. 6: The Madras high court on Wednesday ordered notice to the state government on a Public Interest Litigation (PIL) challenging certain provisions of the Tamil Nadu Schools (Regulation of Collection of Fee) Act and Rule, stipulating norms for determining the fee for private schools.

A division bench comprising Chief Justice H.L. Gokhale and Justice K.K. Sasidharan posted after 8 weeks further hearing of the PIL filed by P.N. Prince Gajendra Babu, general secretary, State platform for common school system.

Accepting the arguments of Additional Advocate General P.Wilson, the bench, however, declined to stay the functioning of the Justice K.Govindarajan Committee, constituted under Section 5 of the Tamil Nadu Schools (Regulation of collection of Fee) Act, to fix the fee for private schools.
In his PIL, the petitioner sought to quash section 5 and 6 of the Act and Rule 3 of the Tamil Nadu Schools (Regulation of Collection of Fee) Rules, 2009.
Deccan Chronicle 7th January 2010

Saturday, January 16, 2010

SCHOOLS GEAR UP TO HIKE FEES

NEW DELHI: Schools in the capital are once again getting ready to hike fees in the new session which begins in April. The management of most schools are likely to decide on the quantum of hike in March after they lay out the budget for the next academic session. "As the cost of everything is increasing, there will be a hike. It may be less or more than 10%,'' said L V Sehgal, principal, Bal Bharti Public School, Ganga Ram Hospital Marg, who is also the vice-president of National Progressive Schools' Conference (NPSC) a body of at least 110 schools.


The schools had earlier raised fees after the Sixth Pay Commision was implemented in September 2008. The directorate of education (DoE) accepted the recommendations of the Bansal Committee formed in October 2008 by Delhi government to look into the matter of a fee hike. As per DoE directions issued on February 11, 2009, parents had to pay upto Rs 500 as the hike in tuition fees besides a maximum of Rs 4,500 as arrears in two-three instalments though the matter is now subjudice.


"There hasn't been a hike in the last session. But there will be an escalation this year. We will look into our annual budget and decide upon a justified hike,'' said Bharti Sharma, principal, Amity International School, Saket. D K Bedi, principal, Apeejay School, Pitampura, said, "There are three months to go before the hike is introduced. It will be reasonable and will bedecided in consultation with government representatives. There are two nominees each from the government and the DoE on the management board.


'' Parents are worried. Said advocate Ashok Aggarwal, who runs a civil rights group called Social Jurist, "Schools hike fees by 10% to 30% every year. As per court directions, they can increase or decrease the fee according to their expenditure and projections. But schools assume that they can only hike the fee.'' He added, "Any increase so close to last year's hike may force more children to drop out of private schools.''


Times of India, New Delhi 16 January 2010

DELHI GOVT FAILS TO REIMBUSE EXPENSES TO EWS STUDENTS

07.01.2010

To
The Secretary Education
Govt. of NCT of Delhi
Old Secretariat Building
Civil Lines
Delhi-110054

Sub: - Reimbursement for expenditure on account of uniform and books to EWS students in terms of Delhi School Education (Free Seats for Students Belonging to Economically Weaker Sections) Order-2006 for the year 2009-2010


Dear Madam,


It is brought to your kind notice that Sub-Clause (4) & (5) of Clause 3 of The Delhi School Education (Free Seats for Students Belonging to Economically Weaker Sections) Order-2006 provides for reimbursement by the Education Department to EWS students for expenditure on account of uniform and books. The said Sub-Clauses are reproduced as under:-


3 (4): -The student admitted against free seats shall get financial assistance, at par with students of Government school, for expenditure on account of uniform and books.


3(5): - the financial assistance referred to in sub paragraph (4) shall be reimbursed by the Education Department and disbursed through the Head of School.


It is submitted that, at least 25 thousand students belonging to EWS quota are studying in un-aided private schools. However, they have not so far received any money on account of expenses on uniform and books in terms of the aforementioned provisions of the Order for the year 2009-2010 though the said academic year is nearly over.


It is also submitted that DOE has reimbursed more than a crore of rupees to 15000 EWS students during 2008-2009 only when we had taken up the matter with the Hon’ble Delhi High Court.


It is, therefore, requested that all the EWS students may kindly be provided the financial assistance for expenditure on account of uniform and books as per the aforementioned Govt. Order-2006 for the year 2009-2010 immediately.


With Regards,

Ashok Agarwal, Advocate
Advisor, Social Jurist

NCERT COMMITTEE TO IMPLEMENT RTE IN INDIAN CAPITAL

Minutes of the Meeting of the Committee to Develop Policy Framework to Enable the Implementation of RTE Act in Schools in NCT of Delhi


The NCERT has constituted a Committee to develop a policy framework to enable the implementation of RTE act in schools in NCT of Delhi. It consists of the following members.

Sri Ashok Agarwal, Legal Expert - Chairperson
Prof. Nalini Juneja, NUEPA - Member
Prof. N. Panchapakesan - Member
Dr. Naseem Siddiqui - Member
Smt. Indira Yadav, Pratham Delhi - Member
Dr. C. Suvasini, Miranda House - Member
Dr. Geeta Dharmarajan, Katha - Member
Dr. Shalini Advani - Member
Mrs Leena Ratti, Teacher, MCD School - Member
Dr. N.K. Gupta, NCERT - Member
Prof. A.K. Srivastava - Convener


The first meeting of the Committee was held on 8th January 2010 at NCERT, New Delhi. It was attended by Prof. Krishna Kumar, Director NCERT, Sri Ashok Agarwal, Prof. Nalini Juneja, Prof. N. Panchapakesan, Smt. Indira Yadav, Dr Geeta Dharmarajan, Mrs. Leena Ratti, and Prof. A.K. Srivastava.


The members discussed in detail the various issues. It was agreed that instead of focussing on MCD schools alone, the committee should attend to the issue of availability of equitable primary education to every child in Delhi. It should examine the capacity of the schools run by MCD, NDMC, Delhi Administration, Delhi Cantonment Board (excluding private schools) with regard to their preparedness to grapple the challenges posed by RTE act for providing quality education to children from grade 1 to grade 8. This is important as within the six months of the notification of RTE Act, the state governments will be required to fulfil this mandate. In view of this the Committee suggested to modify the earlier title of the programme—Vertical Expansion of MCD’s Primary Schools to Secondary and Senior Secondary Stages: Development of a Policy Framework.


The revised title of the programme is as under:


Development of a Policy Framework to Enable the Implementation of
RTE Act in Schools in NCT of Delhi.


The revised objectives of the programme are given below.


To examine the arrangements for school education in NCT of Delhi;
To examine the capacity of the MCD/ Delhi Government to meet the challenges presented by RTE Act with a focus on quality education; and

To recommend areas of research on appropriate delivery of facilities in Delhi.

Each objective requires a number of tasks to be accomplished by the Committee. The details of the tasks with the assignment of responsibility to the members are given below.

Objective No.
Task
Responsibility assigned to

1 To examine the arrangements for school education in NCTD

(a) Preparation of profile of children in Delhi
Prof. Nalini Juneja


(b) Conditions of life of children in Delhi with reference to their
Educational background of parents/ family
Economic profile
Availability of basic amenities
Family conditions
Street/ slum children
Tuition

(c) Structure of Education Department of MCD, Delhi Government, NDMC, DCB

2 To examine the capacity of the MCD/ Delhi Government to meet the challenges presented by RTE Act with a focus on quality education

(a) Vision of school education with reference to:
Decisions taken
Policy making

(b) RTE and MDM

(c) Teachers, with reference to Their status Recruitment Inservice training Deployment
opportunities for professional growth

Prof. N. Panchapakesan


(d) Flow of funds General, Budget SSA, Projects

Smt. Indira Yadav


(e) Administrative set-up for Training Research & Innovation


(f) Building and Infrastructure Maintenance Sanitation and cleaning

Mrs Leena Ratti


(g) Training and Research facilities to teachers and clerical support

Mrs Leena Ratti

(h) Interlinkages between MCD and other set ups

(i) Accountability of the SchoolTeachers

(j) Quality issues in schools

Dr Geeta Dharamrajan

3. To recommend areas of research on appropriate delivery of facilities in Delhi



It was decided that the second meeting of the Committee will be held on 22nd January 2010 at 2.00 PM in NCERT to discuss the draft prepared by the members.

The meeting ended with a vote of thanks to all the members.




*****