SCHOOL ASK TO IMPLEMENT VTH PAY PANEL RECOMMENDATION

April 26, 2010 – Upholding the 11^th January 2010 ruling of a Single Judge (Justice Kailash Gambhir), a Division Bench of Delhi High Court headed by the Acting Chief Justice Madan B. Lokur today asked Rukmini Devi Jaipuria School to implement the Recommendations of the Vth Pay Commission and pay its teachers accordingly.

Justice Kailash Gambhir had asked the school to pay all arrears w.e.f. 01.01.1996 to a group of teachers who had approached the High Court after the school denied them the benefits of Vth Pay Commission.

The case was filed by four teachers of the school through Advocate Ashok Agarwal, contending that they were also entitled to revision of pay scale equivalent to the teachers employed in schools run by Delhi Government.

Appearing for the teachers, Advocate Ashok Agarwal argued before the Division Bench that Section 10 of Delhi School Education Act, 1973 mandates that the employees of all the Unaided Private Recognized Schools are entitled to benefit of pay and allowances etc. equivalent to what is paid to their counterparts working in schools run by Government and these unaided schools are obliged to comply the law.

When Senior Advocate N K Kaul, appearing for the school, brought to the notice of the Court that the Directorate of Education has failed to implement the recommendations of Vth Pay Commission uniformly w.e.f. 1.1.1996 in all the unaided private recognized Schools, the Court issued limited notice to the Directorate of Education to explain as to why the Government has not been implementing the Vth Pay Commission recommendations uniformly in all the unaided recognized Schools.

Mr. Kaul pointed out that there were 28 Zones in Delhi with 1211 schools and the school had sought information under RTI Act, 2005 and the same with respect to only 6 zones was supplied which shows that out of 105 schools in the 6 zones, 35 schools implemented the Vth Pay Commission w.e.f. 01.01.1996, 03 schools implemented the same w.e.f. 01.04.1997 and as many as 67 schools have implemented the same post 01.04.1997.

Ashok Agarwal, Advocate

M-09811101923

26.04.2010

List of some of the unaided recognized private schools which failed to implement Vth pay commission recommendations w.e.f. 01.01.1996

S.No.	Name of School	Date of implementation of Vth Pay Commission
1	RDJ Public School	01.04.1997
2	Joseph & Marry public School	01.04.1997
3	Mamta Bhawan Public School	01.12.1997
4	Mount Oliver Sr. Sec. School	01.01.1998
5	Ravindra Memorial Public School	01.01.1998
6	Apex Public School	01.01.1998
7	Oscar Public School	01.04.1998
8	Virmani Public School	01.04.1999
9	Nalanda Modern Public School	01.01.2000
10	Dharam Dutt Tyagi Public School	01.06.2003
11	Jainmati Jain Public School, P. Dhiraj	01.03.1998
12	Nav Bharti S. S. School, Shakti Nagar	01.06.1998
13	Arya Vidya Mandir, Pratap Nagar	01.07.1998
14	Mamava Bhardwaj Public School	01.12.1997
15	Nalanda Modern Public School	2000
16	Ocean Public School	01.04.1998
17	Mount Olivat Sr. Sec. School	01.01.1998
18	Dharam Dut Tyagi Public School	01.06.2003
19	Rukmini Devi Jaipuria Public School	01.04.1997
20	Joseph and Nancy Public School	01.04.1997
21	Ramdan Memorial Public School	01.01.1998
22	Virmani Public School	01.01.1999
23	Apex Public School	01.01.1998
24	Jainmati Jain Public School, Pahari Dhiraj	01.03.1998
25	Nav Bharti SSS, Shri Ngr. Colony	01.06.1998
26	Arya Vidya Mandir, Partap Nagar	01.07.1998
27	St. Parmanand Public School	01.01.1997
28	Mata Ram Rakhi Sanatan Dharma Saraswati Bal Mandir	01.01.1998
29	Mount Abu Public School	01.04.1998
30	Darshan Academy	01.03.2001
31	St. Parmanand Public School	01.04.1997
32	Goodley Public School	01.09.2009
33	Mata Ramrakhi Sanatan Dharam Saraswati Bal Mandir	01.01.1998
34	Mount Abu Public School	01.04.1998
35	DPP School, B-4, S.J. Enclave	15.12.1997
36	Lal Bahadur Shastri Smarak, Shastri Sadan, Sector-3, R.K. Puram	01.07.1997
37	Mount Carmel School, A-21, Anand Niketan	April 1997
38	Hill Grow Public School, S.J. Enclave	01.07.1997
39	Ramjas School, Sector-IV, R. K. Puram	01.12.1997
40	Green Field School, S.J. Enclave, A-2 Block	01.10.1997
41	Central Academy, Sector 13, R.K.Puram	30.09.1997
42	Sanjay Bal Vidyalaya, Sector-VII, R.K. Puram	01.12.1997
43	Springdales Public School, Dhaula Kuan	09.12.1997
44	Hope Hall Foundation Public School, Sector VII, R K Puram	01.12.1997
45	Rattan Chand Arya Public School, Y-Block, Sarojini Nagar	01.04.1998
46	DPS Sector 12, R K Puram	31.01.1988
47	Vidya Niketan Public School, Moti Bagh	01.06.1998
48	St. Mary School, S.J. Enclave	01.04.1998
49	Sadhnu Vasvani Int. School for Girls	28.02.1998
50	St. Paul School, C-III, S.J. Enclave	01.01.2004
51	Rattan Chand Arya Public School, Y-Block, Sarojini Nagar	01.04.1998
52	DPP School, B-4, S.J. Enclave	December 1997
53	Lal Bahadur Shastri Smarak, Shastri Sadan, Sector-III, R.K. Puram	01.07.1997
54	DPS Sector 12, R.K. Puram	31.01.1998
55	Mount Carmel School, A-21, Anand Niketan, N.D.	April 1997
56	Vidya Niketan Public School, Nanakpura, Moti Bagh.	June 1998
57	Hill Grow Public School, S.J. Enclave	01.07.1997
58	Ramjas School, Sector-IV, R K Puram	01.121997
59	St. Mary’s School, S.J. Enclave	01.04.1998
60	Sadhu Vaswani International School for Girls	28.02.1998
61	Greenfield School, S.J. Enclave, A-2 Block	01.10.1997
62	St. Paul’s School C-III, S.J. Enclave	01.01.2004
63	Central Academy SSS Sec. XIII R.K.P.	30.09.1997
64	Sanjay Bal Vidyalaya Sec. VII R.K.P.	01.12.1997
65	Springdales Public School Dhaula Kuan	09.12.1997
66	Hope Hall Foundation Public School Sec. VII, R K Puram	01.12.1997
67	Convent of St. Marks School, Mahaveer Enclave, Bengali Colony	26.10.1996
68	Delhi Public School, Sector -3, Dwarks	01.08.1997
69	Jindal Public School, Dwarka	01.11.1997
70	Laxman Convent School, Rajnagar, Palam	01.11.1997
71	New Delhi Convent School, Rajnagar, Palam	01.11.1997
72	Rita Public School, West Sagar	01.11.1997
73	Shiv vani Sr. Sec. School, Palam, Dabri Road	01.02.1998
74	Delhi Jain Public School, Palam	01.09.1998
75	Jinwani Bharti Public School, Dwarka	01.09.1998
76	Sulabh Public School, Palam Dabri Road	01.12.1998
77	Deep Parmarth model School, Mehrauli Road, Palam	01.03.1999
78	Karandeep Public School, Bijwasan	01.04.1999
79	Nehru Academy Vashishth Park	01.11.1999
80	Modern Convent School, Dwarka	01.04.2001
81	Venkateshwar International School, Dwarka	01.04.2001
82	Saraswati Model School, Sector 10, Dwarka	01.08.2001
83	Universal Public School, Mahavir Enclave, N. Delhi	01.04.2002
84	Modern Public School, Palam	01.04.2004
85	Vishwabharti Public School, Dwarka	01.04.2004
86	MBH International Public School, Sector-6, Dwarka	01.07.2004
87	Indraprasth International Public School, Sector-10, Dwarka	01.03.2005
88	Mount Carmel Public School, Sector 22, Dwarka	01.03.2005
89	Ram Chandra S.D. Public School, Palam	01.03.2005
90	Besva International School, Dwarka	01.09.2005
91	SAM International School, Dwarka	01.06.2006
92	Queen Mary Public School, Dwarka	01.03.2007
93	J M International School, Sector 6, Dwarka	01.04.2007
94	Paramount Public School, Sector 23, Dwarka	01.04.2007
95	Triveni Bal Upwan, Madanpuri, N. Delhi	01.09.2008
96	Basava International School, Site-1, Sector 23, Dwarka, N.D.	01.09.2005
97	Convent of St. Mark’s School, H-2/147, Mahavir Enclave, Bengali Colony, New Delhi.	26.10.1996
98	Deep Parmarth Model School, Puran Nagar, Mehrauli Road, Palam Village, N.D.	01.03.1999
99	Delhi Jain Public School, 12 Railway Road, Palam, N.D.	01.09.1998
100	Delhi Public School, Sec-3, Dwarka, N.D.	01.08.1997
101	Inderparstha International School, Sec. 10, Dwarka, N.D.	01.03.2005
102	J.M. International School, Sec. 6, Dwarka, N.D.	01.04.2007
103	Jindal Public School, Dwarka, Palam Road, N.D.	01.11.1997
104	Jinvani Bharti Public School, Sec. 4 Phase-I, Dwarka, N.D.	01.09.1998
105	Karan Deep public School, Vill Bharthal, P. O. Bijwasan, N.D.	01.04.1999
106	Laxman Convent School, G-2 Raj Nagar II, Palam, N.D.	01.11.1997
107	MDH International School, Plot No.3, Pocket-2, Sec.-6, Dwarka, N.D.	01.07.2004
108	Model Public School, WZ 603-B, VPO Palam, N.D.	01.04.2004
109	Modern Convent School, Sec. 4, Dwarka, N.D	01.04.2004
110	Mount Carmel School, Sec. 22, Dwarka, N.D.	01.04.2001
111	Nehru Academy, Rz- 55/56, Vashisth Park, N.D.	01.03.2005
112	New Delhi Convent School, RZH-121, Raj Nagar II, Palam, N.D.	01.11.1999
113	Paramount Public School, Sec.23, Dwarka, N.D.	01.04.2002
114	Ram Chander S.D. Public School, Sadh Nagar Part-I, Palam, N.D.	01.03.2005
115	Queen’s Valley Public School, Sec. 8, Dwarka, N.D.	01.03.2007
116	Reeta Public School, RZT/14, Dyal Park, W.Sagarpur, N.D.	01.11.1997
117	SAM International School, Sec.12, Phase-I, Dwarka, N.D.	01.04.2006
118	Saraswati Model School Sec. 10, Phase-I, Dwarka, N.D.	01.08.2001
119	Shiv Vani Sr. Sec. School, Mahavir Enclave, Palam Dabri Road, N.D.	01.02.1998
120	Sulabh Public School, RZ 83, Sulabh Bhawan, Palam, Dabri Road, N.D.	01.12.1998
121	Triveni Bal Upvan, Rz-89, Gali NO. 11, Madanpuri, N.D.	01.09.2008
122	Universal Public School, G-109, Mahavir Enclave, N.D.	01.04.2002
123	Vandana International School, Sec. 10, Dwarka, N.D.	01.01.2006
124	Venketeshwar International School, Sec.10, Dwarka, N.D.	01.04.2001
125	Vishwa Bharti Public School, Sec. 6, Dwarka, N.D.	01.04.2001
126	Pooma Projna Pub School, D-3, V. Kunj	01.04.1998
127	SKR Public School, Boriawala, Inderpuri	01.04.1998
128	Mosonic Public School, Sector-B	01.05.2000
129	Kathuria Public School, V. Kunj	01.11.1997
130	Vasant Valley Sector C, V. Kunj	31.03.1998
131	Heritage School, V. Kunj	01.10.1999
132	Sumermal Jain public School, Janakpuri	01.12.1997
133	Blooming Birds Public School, Moti Nagar	01.08.2005
134	S. D. Public School, Kirti Nagar	01.04.1999
135	Daya Nad Model School, West Patel Nagar	01.01.1998
136	Shaheed B.S. Mem. Sr. Sec. School, Mansarovar Garden	01.07.2000
137	Sunhill Public School, Ranjeet Nagar	01.12.1999

12 years old girls want to study – MCD School says no

SOCIAL JURIST

A Civil Rights Group

To,

29.04.2010

1. Hon’ble Smt. Sheila Dikshit,

Chief Minister of Delhi,

Delhi Secretariat, I.P.Estate,

New Delhi-110002

2. The Commissioner,

Municipal Corporation of Delhi,

Town Hall, Chandni Chowk,

Delhi-110006

Sub: - 12 years old girls want to study – MCD School says no

Madam/Sir,

We have the honour to bring to your kind notice that MCD Primary School, Subhash Park, Delhi, has denied admission to two 12 years’ old out of school girls on the alleged ground of over-age.

Kumari Huma and Kumari Faria (M-9311206549), r/o Gali No. 1, I-7, Janta Mazdoor Colony, Zafrabad, Delhi, have approached the MCD Primary School, Subhash Park, Delhi on 22.04.2010 for admission in age of appropriate class but the school denied them admission saying that the school have no arrangement for their studies as they had never studied before.

On the request of these girls, one of the teachers of the school talked to me on telephone saying that it was not possible to admit these older girls who have never studied earlier. I told the teacher about the provisions of Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) in terms of which the school was obliged to admit these girls in the class appropriate to their age. However, the teacher did not agree to admit these girls in school.

These girls have now given to me their complaints dated 24.04.2010 stating that they have never gone to school earlier but now they want to study but the school has refused to grant them admission. They have been advised to first go to Aaganwari to study. They have also stated that the teacher after talking to me on telephone told these girls that Ashok Agarwal is crazy as he sends older children to school for admission.

It is submitted that despite express provisions in the RTE Act, 2009 to grant admission to the children in the age group six to fourteen in the age appropriate class, the schools are shamelessly denying admissions to the children of this age group. Moreover, they don’t hesitate to make any type of comments. I can only say that it is a reflection of their attitude towards the education of the children of the masses. There is an urgent need to change such attitude if the government is really serious to make RTE Act, 2009 a success.

It is, therefore, requested that you may kindly look into this matter seriously and address the problem highlighted herein.

With regards,

Ashok Agarwal, Advocate

Advisor, Social Jurist

M-9811101923

Mockery of RTE Act, 2009 - Government Schools deny admission to girl students in Class VI‏

SOCIAL JURIST

To,
08.04.2010

The Hon’ble Education Minister,
Government of NCT of Delhi
Delhi Secretariat, I.P.Estate,
New Delhi-110002

Sub: Mockery of RTE Act, 2009 - Government Schools deny admission to girl students in Class VI

Sir,
We have the honour to bring to your kind notice the plight of two girl students, who have though passed class V from a MCD Primary School in the academic year 2009-2010, have been denied admission by two Government schools of the area in Class VI in the academic year 2010-2011 making mockery of Right of Children to Free and Compulsory Education Act, 2009. The girls and their poor parents (daily rated labourers) have been running from one school to another for the past seven days for securing admission in any of the two government schools. But neither of the schools has come forward to grant admission to these hapless girl students. The students and the parents have given us their grievances in writing in this regard (copies are enclosed).

Kumari Preeti d/o Shri Ruddal (M-9582558670) r/o A-17, Kausal Puri, Azadpur Delhi-110009 and Kumari Pinki d/o Shri Kailash Chand (M-9540181843) r/o N-21 A/84, Moujiwala Bagh, Lal Bagh, Azadpur, Delhi have passed class V from MCD Primary School, Lal Bagh New I, Delhi-33 in the academic year 2009-2010. The said MCD School issued them the Transfer Certificates on 29.03.2010 and told them to go to Government Girls Secondary School, Azadpur Village, Delhi-110033 which was a link school. These students approached the Principal of the Government Girls Secondary School, Azadpur Village, Delhi-110033 on 01.04.2010 for admission in Class VI. However, the principal of the said school told the students that they could not be granted admission in this school and they were advised to go to Government Girls Secondary School, Azadpur Colony, Delhi for admission. These students, thereafter, approached the Govt Girls Secondary School, Azadpur Colony, Delhi for admission on 01.04.2010. However, this school also denied admission saying that they did not have their names in school’s computer. The other interesting reason advanced by the school for denying admission was that this school did not cater the students residing in Lal Bagh area. It is submitted that since then, these unfortunate students and their hapless parents have been running between these schools like a shuttle cock for admission in class VI. Failing in their efforts to persuade the heartless, irresponsible and insensitive principals of these schools, they have approached me on 07.04.2010 with the written complaints.

Section 3 of Right of Children to Free and Compulsory Education Act, 2009 is reproduced as under:-

“3. Right of child to free and compulsory education – (1) Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary education.

(2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education.”

The present incident exposes all tall claims of the Government of Delhi that they are concerned about the education of the students and particularly of the girl students. Despite so much propaganda about the right of the children to education as provided by the Right of Children to Free and Compulsory Education Act, 2009 (came into effect from 01.04.2010), the authorities as usual have been unconcerned towards the rights of the children. It is brutal and no less a mockery of fundamental right to education as guaranteed to every child of the country by the Constitution of India. It is submitted that the principals of these schools are unmindful of the fact that by their conduct they have violated the most precious human and fundamental right to education of these students.

It is, therefore, requested that immediate action may kindly be taken in this matter ensuring admission to both these student in Class VI in any one of the aforementioned schools. It is also requested that action may be taken against the erring official responsible for the violation of the fundamental right to education of these students. It is needless to say that for the violation of the fundamental right to education as guaranteed under Article 21 (right to life with dignity) and Article 21-A (right to quality elementary education), these students are also entitled to claim suitable amount of compensation from the Government of Delhi.


With regards,



Ashok Agarwal, Advocate
Advisor Social Jurist
M-9811101923