MOCKERY OF THE RTE ACT, 2009—POOR DROP-OUT GIRLS DENIED ADMISSION IN CLASS VIII - AIPA WRITES TO DELHI LG SHRI NAJEEB JUNG

To

Hon’ble Shri Najeeb Jung

Lieutenant Governor of Delhi

Raj Niwas, Raj Niwas Marg

Civil Lines, Delhi-54

December 4, 2014

Subject: Mockery of the RTE Act, 2009—poor drop-out girls denied admission in Class VIII

The present case highlights how even after a passage of more than 4 years since the enforcement of Article 21-A of the Constitution and of the Right of Children to Free and Compulsory Education Act, 2009, the Government schools in the city are not only reducing the Fundamental Right to Education to a dead-letter but also making a rude mockery of the same.

Priyanka and Chandni are two cousins, both 13 years of age, residing at A-122, Gali No.4, Shashi Garden, Delhi-92. Both are early childhood school drop-outs and now wish to resume their education as they see everyone around them going to school and feel left out. They also believe that education is the only source of knowledge and girls particularly must educate themselves.

Priyanka Sahni (M:9718921586), D/o Sh. Kamlesh Sahni and Smt. Meenu Sahni, had been living with her uncle and aunt in Calcutta. There she attended to school till Class III and thereafter dropped out. Recently, she has shifted to Delhi at their family’s residence.

Chandni Sahni, D/o Sh. Hari Ram Sahni and Smt. Asha Devi (M: 9718114790), resided in Bihar with her family in her early childhood. There she has attended to school till Class V. Some years back, her family moved to Delhi.

Priyanka and Chandni both along with their mothers had been making rounds to Sarvodaya Kanya Vidyalaya (SKV), Patparganj for quite some time but their admission was deferred every time by the Principal who would ask their mothers to arrange private tuitions for them in order to prepare them for school. Lastly, on 03.12.14, both of them went to school accompanied by their mothers. The Principal this time flatly refused to entertain them stating, “Jab marzi muh uthaakar chale aatey ho, yhaan kya koi bhandara laga hai? Agle saal aana!”  (You cannot walk into the school anytime at your convenience. There is no bounty being doled out here. Come in the next session.) Disillusioned by this response, the two girls approached social worker Ms. Sunita Chauhan who directed them to me. The mothers of these girls have made written complaints to me. (Copies enclosed)

It seems that the mandate of the RTE Act, 2009 that entitles admission into age-appropriate elementary class at any time of the year as a matter of right to every child in the age-group of 6-14 has not even been heard of in such schools. Either there is complete ignorance or blatant disregard of these statutory provisions which emboldens the school-authorities to mete out such treatment to children who approach these schools for admission despite all odds.

Unless certain stringent steps are taken to improve the situation, the goal of universal elementary education shall remain a far-fetched dream. Clear-cut instructions are required to be issued to all the concerned Delhi Government school-authorities in this regard and errant authorities must be taken to task in order to prevent violations.

You are therefore requested to ensure prompt admission of these two girls to age-appropriate class in SKV, Patparganj, and further that the routine practice of denial of admissions by Delhi Government schools is stopped for good, by taking appropriate strong and effective measures.

Yours truly

Ashok Agarwal, Advocate

National President, AIPA

M: 9811101923

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।

EWS girl slapped, then suspended from school

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

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