Thursday, December 4, 2014

चोटी बनाकर स्कूल आई तो टीचर ने की पिटाई

आल इंडिया पैरेंट्स एसोसिएशन के अध्यक्ष अशोक अग्रवाल ने कहा है कि उपराज्यपाल को इस संबंध में हस्तक्षेप करने के लिए पत्र लिखा गया है। उन्होंने कहा कि हमारी मांग है कि ऐसे मामले में सरकार सीधा हस्तक्षेप करे। यह शिक्षा के अधिकार का उल्लंघन है।




ESIC REFUSES TO PAY FOR LIVER-TRANSPLANT OF CRITICALLY ILL 10 YEAR OLD SON OF INSURED PERSON - DELHI HIGH COURT ISSUES NOTICES TO ESIC, GOI, ILBS & GNCTD

The Delhi High Court (Vibhu Bakhru J.) today issued notices to ESIC, Delhi Government, Central Government and Institute of Liver and Biliary Sciences (ILBS) on a petition filed by the father of a 10 year old liver-patient Master Mohd. Shahnawaz though Advocate Ashok Agarwal. Mohd Shahnawaz has been identified as a case of chronic Cholestatic Liver Disease PFIC type 3, urgently requiring a liver transplant.

Shahnawaz’s father Mohd. Kalim works as a helper in a restaurant and earns Rs. 7,000 per month. He has four children, Shahnawaz being the eldest. Both Shahnawaz and the sibling next to him, Master Mohd. Arbaz are suffering from the same disorder. However, Shahnawaz is more critically ill.

Mohd. Kalim is registered as an insured person with ESIC and had been consulting ESI Hospital, Jhilmil for his sons. Shahnawaz was referred by ESI Hospital to empanelled hospital ILBS for treatment. However, when ILBS gave an estimate of Rs. 14 lacs as the initial expenditure for transplant, ESIC refused to sanction the same citing its new guidelines of July 2014 which state that in case of diseases of a genetic origin, if the beneficiary (Shahnawaz here) is born before the date of ESIC registration of the insured person (Mohd. Kalim here), he/she shall not be entitled for coverage. According to the ESI Hospital, Jhilmil, Shahnawaz’s disease is of a genetic origin. In its new guidelines, ESI has also limited its liability to Rs. 10 lacs per beneficiary per year for medical treatment.

Challenging the legality of the said guidelines, Advocate Ashok Agarwal appearing for the petitioner argued that the same are arbitrary, irrational, illogical, unreasonable, illegal and violative of Articles 14, 21, 39, 41 and 47 of the Constitution of India and tend to defeat the very object and purpose behind the ESI Act, 1948.

“Irrespective of the obligation of the ESIC to bear the cost of treatment, ILBS being an autonomous body under the Government of NCT of Delhi has an independent Constitutional obligation to provide free medical treatment to the poor patient in order to save his life”, submitted Mr. Agarwal.

Justice Bakhru, while issuing notices, took a prima facie view that the guidelines are illogical and the date of birth of the patient is irrelevant. The next date of hearing in the matter is 19.12.2014.

Note: Copy of writ petition attached.

Ashok Agarwal, Advocate
02.12.2014
M: 9811101923

Wednesday, December 3, 2014

Report in R/O Free Treatment in IPD W.E.F. From (01-01-2014) to (30-11-2014) For Eligible patients of EWS Category in Identified Private Hospital




MOTHER OBJECTS TEACHER BEATING CLASS V EWS GIRL STUDENT DEFIANT MAYO INTL. SCHOOL EXPELS STUDENT--AIPA WRITES TO DELHI LG



To
The Lieutenant Governor
Government of NCT of Delhi
Raj Niwas, Raj Niwas Marg
Civil Lines, Delhi-54

December 1, 2014

Subject: Mother objects teacher beating Class V EWS girl-student—Defiant Mayo Intl. School expels student

Sir
This is to draw your attention towards glaring high-handedness on the part of Mayo International School, I.P. Extension, Patparganj, New Delhi-92 which not only inflicted corporal punishment upon Baby Pooja, an EWS student of Class V, but on protest by the parent, has also suspended the child from school sine die. (Suspension-order attached). The present case highlights a policy of stark discrimination against EWS students followed by the school, besides its insensitive approach towards students generally and archaic practice of corporal punishment.

On 21.11.2014, Baby Pooja, a Class V-A student, was slapped by her teacher Ms. Dolly and humiliated in front of the entire class for the amusingly absurd reason that she had come to the school with two pony-tails. The next day, Baby Pooja’s mother Mrs. Mamta (M- 9871600757) met the errant teacher and complained that the child ought not to have been beaten up, that too in front of the entire class and the teacher instead should have sent a note in the child’s diary. The teacher got furious over this and retorted that the parent ought not to have come to school with such frivolous complaints as the school had been ‘obliging’ them as the child was studying under EWS category. The teacher, joined by the Principal and the Manager, further threatened the parent to expel the child from school and instructed the gate-keeper to force the mother out of the school premises. At the end of the same day, Baby Pooja was handed over a suspension-letter by the school, thereby suspending the child from the school sine die over the alleged ground of her parents having “misbehaved with the school staff and used indecent language for her.”

It is needless to state here that the action of suspending the child on the part of the school is absolutely illegal, grossly illogical and violative of the provisions of the RTE Act, 2009. It is also discriminatory against the EWS student and places the EWS child at a disadvantage vis-à-vis the general students. Inflicting corporal punishment upon child is itself illegal and violative of the provisions of the RTE Act, 2009. Moreover, the child’s studies cannot be interrupted over an alleged dispute between the parent and the school, that too, when the child is studying in an elementary class. It is in any case a matter of right of the child to be protected from corporal punishment and maltreatment by the school and a right of the parents to protest against the same, which are in no manner diminished by the fact that the child is studying under the EWS category. Such an incident creates a bad precedent for all the students who have been studying under EWS category as a matter of right in various schools across the country.

You are therefore requested to take urgent cognizance of the complaint and ensure that the child’s studies are forthwith resumed and further that appropriate action is taken against the errant teacher and the school-authorities for harassing the parent and the child in the above-stated manner.

Yours truly

Ashok Agarwal, Advocate
National President, AIPA
M- 9811101923




Wednesday, November 19, 2014

WITHDRAW DECISION TO DISCONTINUE TEACHING OF GERMAN LANGUAGE AS AN OPTION TO SANSKRIT IN CLASS VI TO VIII IN KVS - AIPA WRITES TO PM MODI




To,
1.         Hon’ble Sh. Narender Modi
             Prime Minister of India
          South Block, Raisina Hill
            New Delhi-110011

2.         Hon’ble Smt. Smriti Irani
            HRD Minister,
            Govt. of India
            Shastri Bhavan
            New Delhi: 110001

3.         The Commissioner
            Kendriya Vidhalaya Sangathan
           18 Institutional Area
            Shaheed Jeet Singh Marg
            New Delhi – 110016

19.11.2014

Subject: - Withdraw decision to discontinue teaching of German language as an option to Sanskrit in class VI to VIII in KVS

Sir/Madam

                        Your attention is invited to Kendriya Vidhyalya Sangathan office memorandum dated 11.11.2014 whereby KVS has forthwith discontinued teaching of German language as an option to Sanskrit and the students studying German as an option to Sanskrit in class VI to VIII shall be given an option to study Sanskrit or any other modern Indian language of his/her choice.

                        It is submitted that the aforesaid mid session decision is not only unfair, illegal, unconstitutional and unjust but also against the best interest of the child. We are really unable to understand any good reason for bringing such abrupt change in the curriculum. We therefore demand immediate withdrawal of aforementioned decision and allow all the students to continue with German language as a third language till they complete their class VI to VIII.

It is submitted that as per recommendation of the Academic Advisory Committee   in its 36th  Meeting held on 8.10.2010 ( Supplementary Agenda Item ) the Board of Governors of Kendriya Vidyalaya Sangathan being the apex policy making body approved the introduction of foreign languages as an optional subject in its 89th  Meeting held on 3.11.2010 (agenda item No.7). Consequent upon the decision of the Board of Governors, Kendriya Vidyalaya Sangathan introduced the foreign languages viz, German, French, Spanish, Chinese etc. from class VI – VIII as an optional subject in addition to Indian languages. Kendriya Vidyalaya Sangathan has introduced the foreign languages as an optional subject and has not removed the Sanskrit language from its curriculum.  It is the students as well as his/her parents to decide which subject has to be opted by the student for the best interest of his/her career perspective. Crores of citizens read and write Sanskrit which clearly indicate the popularity of the Sanskrit language and introduction of foreign languages such as German, French, Spanish, Chinese etc. cannot be termed as arbitrary decision of Kendriya Vidyalaya Sangathan and against the interest of Sanskrit. Introduction of foreign language was introduced as an optional subject as per recommendation of Academic Advisory Committee and approval of the Board of Governors in its 89th Meeting held on 3.11.2010.  Moreover, the Central Board of Secondary Education has also introduced various foreign languages to be opted by the students for their better career perspective. Almost every Indian University is providing diploma/degree courses to the students for their better career perspective in various foreign languages. Hence, introduction of foreign languages by Kendriya Vidyalaya Sangathan as optional subject cannot be viewed /termed as arbitrary/illegal and against the interest of Sanskrit language as such foreign languages are only optional subjects and students are at liberty either to opt Sanskrit or any one of the foreign language as they are the best judge of their own cause.

                        Regarding teaching of Foreign Languages in National Curriculum Frame Work the guidelines has been laid down in Para 2.8.5 on “Organization of Curriculum of elementary and Secondary Stages” are as under: 

“In view of the fast increasing international interaction and cooperation in socio-political, educational, cultural and economic fields, a growing need for learning more and more foreign languages like Chinese, Japanese, Russian, French, German, Arabic, Persian and Spanish has recently been felt.  

These languages cannot be accommodated within the Three Language Formula.  However, depending on the demand for the study of any number of these and the infrastructural resources available with the schools, these languages may be offered as additional options at the secondary stage”.

                        KVS has also made provisions for teaching of the foreign languages in Kendriya Vidyalayas as per choice of the students subject to fulfillment of other conditions as circulated by KVS from time to time. In our considered opinion, the withdrawal of German language is a retrograde on the part of KVS.

                        It is therefore submitted that it would be in the best interest of students to allow them to complete class VI to VIII with German language as third language.


With regards


Ashok Agarwal, Advocate
AIPA, President






Wednesday, November 5, 2014

दिल्ली सरकार के अस्पताल ने 2 गरीब बच्चो के लीवर ट्रांसप्लांट के मांगे 30 लाख रुपये, E.S.I.C ने मदद करने से किया इंकार

शेह्नबाज़ और मोहम्मद अरबाज़ दोनों भाई, जिनकी उम्र 10 व 8 साल है, दोनों भाई Cholestatic Liver Disease नामक बीमारी  से ग्रस्त है l इनका इलाज़ सिर्फ लीवर ट्रांसप्लांट ही है l इन बच्चो के पिता मोहम्मद कलीम E.S.I.C कार्ड होल्डर है l E.S.I.C ने शेह्नबाज़ व मोहम्मद अरबाज़ को इंडियन इंस्टिट्यूट ऑफ़ बिलियरी साइंसेज (ILBS) इलाज़ के लिए भेजा l वहा शेह्नबाज़ व मोहम्मद अरबाज़ का इलाज़ सुरु हुआ l अब जब लीवर ट्रांसप्लांट की बात आई तो ILBS ने एक बच्चे का ट्रांसप्लांट का खर्चा 15 लाख बताया l E.S.I.C ने ये कह कर आगे इनकी मदद करने से इनकार कर दिया की हम इतना खर्चा नहीं दे सकते l अब मोहम्मद कलीम के पास कोई चारा नहीं बचा अपने दोनों बच्चो को बचाने का l

अब आखिरकार मोहम्मद कलीम को अपने बच्चो की जान बचाने का एक ही रास्ता दिखा की वो कोर्ट का दरवाज़ा खटखटाए l अब मोहम्मद कलीम अधिवक्ता अशोक अग्रवाल के द्वारा कोर्ट जाने की तयारी कर रहे है l

अधिवक्ता अशोक अग्रवाल का कहना है की ये बहुत ही शर्म की बात है की E.S.I.C अपने बीमित व्यक्ति  और उनके आश्रित परिवार के सदस्यों का इलाज़ का खर्चा उठाने से मना कर रही है l