Amateur Snapshot...

“Rule of Ducks” over the road at Kurnool District, Andhra Pradesh

- Pic by Ashok Agarwal, 24.12.2008

MCD PRIMARY SCHOOL NEGLECTS MUSLIM STUDENTS

Justice Rajender Sachar Committee Report on Social, Economic and Educational Status of the Muslim Community of India (November 2006) says that as many as 25 percent of Muslim children in the 6-14 year age group have either never attended school or have dropped out. Following the recommendations of this Committee, the Government of India came up with an ambitious plan of action to improve the lot of the Muslim community. However, such plan has remained elusive so far.

MCD Primary School, IInd Shift, Main Road, Zafrabad, Delhi-53 is an Urdu Medium School having an enrolment of around 800 underprivileged Muslim students in Classes I to V. There are eight regular primary teachers plus six contract primary teachers plus one Principal, namely Shri Sirajuddin (M-9211534490) in this school. The students from the beginning of the academic year i.e. April 2008 were totally deprived of the benefit of all these eight regular primary teachers since these teachers were deployed to other non teaching work by the Government. These teachers were exclusively deployed for child census work in the month of April. May-June was school holidays. From July to November, they were deployed for Delhi Election work and from 30.11.2008 they have been deployed on election duty in Jammu and Kashmir and nobody knows when these teachers would return to school to teach the students.

In such horrible conditions, how we can expect these students to receive good quality education so to compete with their counterparts studying in fee charging private schools. It is a hard reality that the system is so designed by the rulers that the students belonging to the underprivileged sections are bound to be arbitrarily and unjustly discriminated and deprived of their basic educational rights. The Social Justice philosophy of our Constitution has been breached as a rule and followed in practice in exception.

Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923
19.12.2008

DENYING A CHILD ADMISSION BECAUSE SHE MISSED TWO YEARS TO UNDERGO TREATMENT IS CRIMINAL

Shaina, a student of Class VI of Government Girls Senior Secondary School No.II, C-Block, Yamuna Vihar, Delhi-110053 was denied readmission by the school when she approached in early July 2008 after a gap of two years as she was diagnosed with tuberculosis for which she had undergone treatment. She approached the Deputy Director of Education on 24.7.2008, who sent her to the school with the recommendation to consider her case for admission. She again approached the school but the school again denied the admission. It is only after she moved a writ petition under article 226 of the Constitution of India in the Delhi High Court and obtained directions for admission, she was granted admission by the school. The Hon’ble High Court held, “The respondents are bound to grant admission to every child who seeks admission in a Government school”.

Shaina is not the only case where government school has denied readmission to a student after she recovered from her health. Monika, a student of Class VI of Government Girls Senior Secondary School, Ramesh Park, Lakshmi Nagar, Delhi was denied readmission by the school when she approached the school in April 2008 after she suffered from kidney infection and remained sick for about two years continuously and for reason thereof, she did not attend the school. Monika was readmitted in the school only after she had lodged a written complaint to Social Jurist and the Social Jurist wrote a letter dated 30.08.2008 to the Director of Education, Government of NCT of Delhi reminding him that the State is failing in its constitutional and statutory duties by not providing education to Monika.

It is submitted that the denial of admission to the school age children by the government schools is a clear violation of the fundamental right to education as guaranteed to these children under article 21 (right to life with dignity) of the Constitution of India. It is well settled law that when fundamental rights of the citizens are violated by the State, the State is liable to pay compensation to such aggrieved citizens. It is unfortunate that the Government of Delhi has not even initiated any departmental action against the erring officials of the education department who are responsible for violation of the fundamental right to education of these students. In fact, the denial of admission or readmission to a child who missed the school for medical reasons is a criminal act and must be dealt with all seriousness and firmness. It is high time that Governments must ensure accountability in the matter of providing quality education to all the children through Government Schools.

-By Ashok Agarwal

STUDENTS WIN LEGAL BATTLE FOR ADMISSION IN GOVT. SCHOOLS

Vipin Chandra Pal Govt. S.K.V. Babarpur, Delhi denied admission to Naazmeen and Nasara in class XI saying that that ‘the girls are overage (18+)’. Government Girls Senior Secondary School, K Bock, Jahangirpuri, Delhi and all other government schools in the area denied admission to Mamta, Reena and Pusha in class XI saying that ‘seats are full’. Government Girls Senior Secondary School, K Block, Jahangirpuri, Delhi denied admission to Kiran in class VI saying that ‘transfer certificate is not verified by the Education Officer of District Raibareilly’. Ishani Government Sarvodaya Vidyalaya. G Block, Saket, New Delhi denied admission to Nisha Barwal in class XI saying that the ‘there is no scope for admission in govt. schools for those who had passed CBSE Examination as private candidates’. Government Boys Senor Secondary School, K Block Jahangirpuri, Delhi denied admission to Abhishek Singh in class VII saying ‘students from unrecognized schools are ineligible for admission in Govt. School’. Government Boys Senior Secondary School, Seemapuri, Delhi denied admission to Neeraj in class XI saying that ‘since you are harassing us every day for admission, you will not be given admission’.

The students and their parents left no stone unturned in running from pillar to post in the education department of the government to convince their officials, up to the level of the Director of Education, that they have a right to admission in government school to pursue their education further. However, every one turned a deaf ear towards them. The government that promises education for all with emphasis on the education of the girl child closed all their doors for these unfortunate children of the masses.

Disgusted with the double standard of the government, the students approached me as a last resort to realize their basic human and fundamental rights to education and social justice as guaranteed to them under the Constitution of India. I took no time to make representations to the Director of Education thereby requesting him to look into the matter and ensure admission to the students. When no response was received from the education department, I filed writ petitions in Delhi High Court against the Delhi Govt. seeking admission of the students in government school. It is only after the High Court’s intervention, the government agreed to grant admission to the students.

The other day, I was attending a consultation meeting on ‘schooling for all’. The participants invariably pointing out that the government schools are refusing admission to the students on one pretext or the other. They wanted a solution to such a basic problem being faced by them every day. The consultation concluded without providing any answer to this problem. Being a latecomer, I lost the opportunity to address the meet on this issue. The object and purpose of narrating this success story of the students winning legal battle for admission is to share with public at large that the process of realization of right to education is undoubtedly full of difficulties but not impossible. While saying so, I am conscious of the fact that it is not easy for every student or parent to approach the court of law. They cannot afford to pay any money for the litigation. To make it easy, we need dedicated lawyers who can come forward and take up their cause in the court of law without charging any money on any account.

-By Ashok Agarwal

The invisible 83 million

Ananth Krishnan’s article “The invisible 83 million”, appeared in THE HINDU, 26 October 2008, is a wonderful attempt to pull the society for its failure to become sensitive towards persons with disabilities. The author has nicely presented the story of Gao Yu Li of China who had only child with Cerebral Palsy. Shortly after the child was born, her husband left her. She did not bow down to the circumstances. On the other hand, she put a tuff fight against all the odds. The most important message Gao has given to all of us “Take your kids out to the park, to the shops, wherever you can, and however difficult it might be, because that is the only way people will ever become used to us”.

Ashok Agarwal, Advocate
M-09811101923

DISCRIMINATORY SCHOOL PROVISIONS USING PUBLIC FUND

Currently in India, a whole hierarchy of school education catering to the different groups of children has emerged posing a formidable obstacle to the establishment of an inclusive school education system. The absence of quality education in government schools is also due to the fact that there are many sets of different schools within the public education system. This variation itself amongst the government schools leads to the difference in the kind and quality of education so provided. Studies point out that in Kendriya Vidayalays (Central Schools), the annual expenditure on one child is around Rs.11, 000/- whereas in ordinary government schools, it is a meagre amount of Rs.1, 800/- p.a. Moreover, in the State funded and NGOs run non-formal schools, the annual expenditure on one child is around Rs. 900/- . This vast difference in the government expenditure itself indicates the varied pattern of education that is provided in these types of schools even though the schools are primarily governmental.

The discriminatory framework created through State funding is well illustrated by the following situation prevailing in Delhi:-

Schools run by the Central Government
i) Kendriya Vidayalayas;
ii) Jawahar Navodaya Vidayalayas;
iii) Sainik Schools;

Schools run by the Government of NCT of Delhi
i) Pratibha Vikas Vidayalyas;
ii) Model Schools;
iii) Sarvodaya Schools
iv) Normal Schools;
v) Non formal schools (EGS/NCLP)

Schools run by the Local Bodies
i) Model Primary Schools;
ii) Normal Primary Schools;

The Kendriya Vidayalayas, which are maintained and administered by the Central Government, are better funded and better equipped than the state government schools and admission to these schools is greatly sought after. For admission to these schools, a very rigid criterion is followed, wherein the children of employees of the Central Government get priority over others. Another advantage of these schools is that the medium of instructions is English, at least at the secondary stage. As stated above the studies point out that in Kendriya Vidayalays (Central Schools), the annual expenditure on one child is around Rs.11, 000/- whereas in ordinary government schools, it is a meagre amount of Rs.1, 800/- p.a.

The Pratibha Vikas Vidyalayas are run by the Government of NCT of Delhi and are prestigious government schools that have facilities and teaching at par with the high fee charging private schools in the Capital. Admissions to these schools are made on the basis of entrance tests given to children from government primary schools and municipal schools. These schools are resourced differently from normal government schools. Their class sizes are strictly governed by an upper limit of 30. Their teachers are chosen from among the cream of teachers in the government schools and the students are set apart in a uniform that distinguishes them as ‘the chosen’ ones. On the other hand, both normal government and municipal run schools though cater to the mass of children belonging to marginalised sections of people, are totally ill equipped to provide good quality education to the children. These schools invariably suffer from lack of basic academic and physical infrastructure which includes shortage of teachers, shortage of classrooms, overcrowded classrooms, broken desks, non-functioning fans and tube lights, absence of drinking water, unhygienic toilets, broken blackboards, teachers’ absenteeism, dirty classrooms etc. That the Non formal schools like NCLP and EGS schools are run by the Government of NCT of Delhi through NGOs for the child labour/children of migrant labour depend on untrained and unqualified teachers. They are run in private places having no basic facilities. The public expenditure in such schools is around Rs.900/- per child annually.


That within the present public education system, there exist different sets of schools for the children of different socio-economic status. It is submitted that the dispersion of the range of schools into hierarchically placed layers of schools to be attended by pupils placed in corresponding social and economic hierarchies may not have done anything to alleviate tensions about admission to school. Rather, the limited choices perceived as available to a socio economic class could in all probability have resulted in increased pressures to secure admission to schools of appropriate status. This variation of schools in various categories results in arbitrary discrimination amongst the children of this country. It is also submitted that these educational institutions were established to provide quality education with equal opportunities to all children but they aren’t serving their primary goal.


The multiple categories of schools with varying quality, which have emerged within the education system supported by public funding, have put a huge question mark on the objective of equality of opportunity in education. It is submitted that such type of layering within the government education system is violative of Articles 14 (right to equality), 15 (state to make special provisions for children), 21 (right to life with dignity), 21-A (right to education), 38 (right to social justice), 46 (state to promote education of SC/ST and weaker sections) & 51-A (k) (duty of parents to provide educational opportunity to children) of the Constitution of India.


The State is obliged to enforce Articles 21 and 21-A of the Constitution of India by putting all the schools within government system all over the country in an inclusive school education system where all the children regardless of their caste, creed, social or economic status should have equal opportunity of receiving quality education. It is submitted that the prevailing education system supported by public funding is exclusionary in nature resulting in exclusion of the children of weaker sections from receiving education of equitable quality. It is submitted that the State cannot adopt discriminatory provisions of schooling to cater to different groups using public funds as it would violate the basic principles of equality and social justice. Using public funds, the State has to provide schools of comparable quality to all the children who seek education through State or State supported schools.

It is suggested that the creation of different categories of schools with public funds involving discriminatory procedures of admission should be replaced with a standard framework with per capita expenditure and common framework for admission on principle of equality of opportunity. The government schools forming different categories should be clubbed together to form one concrete whole. They should function in a similar manner; have the same type of facilities and infrastructure available to every child so that there is equitable quality of education for all. This is also guaranteed under Article 14 of the Constitution of India, which provides for equality before the law. Thus, every child is entitled to equitable quality of education. It is, however made clear that the standard of education of good quality schools within the public education system should not at all be brought down. On the other hand, the standard of education of all the low quality schools within the public education system should be raised to the level of the best quality schools.

By Advocate Ashok Agarwal

Contact author at Email - ashokagarwal1952@hotmail.com

TALE OF A NEGLECTED SCHOOL

Surrounded by Mortuary, Coffin Shops, Open Dhalao (Garbage Disposal Bin) and Desi Liquor Shop, MCD Primary School, Bulevard Road, near Tis Hazari Courts, Delhi with 37 students of classes I to V, one teacher, unhygienic toilets, broken classroom door, dirty washbasin with broken tap, and unfinished blackboard is an example of utter neglect on the part of the government of their own schools. In other words, the government is violating with impunity the fundamental and human rights to education of the children of this country.

As a neighborhood school friend, I took the opportunity to visit this municipal school on 22.04.2006. The official school timings are 7.30 am to 12.30 pm. I reached the school at 8.30 am and found that all the students were just playing in the school compound and the Headmaster of the school was just sitting in a classroom and was busy with writing in a register, unmindful of what the students were doing. On that day, only 22 students were present in the school. On seeing me, he became alert and immediately called the students to assemble in the classroom. The students followed this directive and assembled in one classroom in which the Headmaster was sitting. As there is only one primary teacher posted in the school, all the primary classes are held in one classroom. A little later, I realized that the children were playing in the compound for the obvious reason that the solitary teacher had not yet come to the school. I just noted these facts in my diary. I also took photographs of all the students of different classes sitting in one classroom.

The Headmaster did not want to waste any more time. On one hand, he ordered the attendant for a cup of tea and some biscuits for me and on the other hand, he asked the students to line up in the corridor for Morning Prayer. On completing the Morning Prayer, the students were asked to do yoga exercises. It is interesting to note that the Headmaster who apparently did not know any thing about yoga was instructing the students to do yoga exercises. The Morning Prayer and the so-called yoga exercises lasted for about 10 minutes and all the children were again back in the classroom. It was now 9 am and the solitary teacher arrived in the school on the motorbike. I simply noted his arrival time in my diary.

The teacher was upset on seeing me in the school. After arrival of the teacher, the Headmaster asked the students of the classes IV and V to go to the other classroom. The students of classes I to III remained in the classroom where the Headmaster was sitting and the students of classes IV and V moved to the other classroom with the solitary teacher. The studies started in the classrooms. I stayed in the school for another half an hour and then left for my office.

This was my second visit to this neighborhood school. My first visit was on 04.03.2006. On that day, I had noted that the entire sewerage system in the school was in bad shape and there was a foul smell in the entire school premises. I also noted that three of the classrooms were used to store road repair material. The open dhalao was just in the front of the school gate. The garbage in the open dhalao was overflowing up to the gate of the school. On the same day, I brought to the notice of the school authorities about sewerage system and other problems noticed by me during my visit to the school. On my next visit on 22.4.2006, I found that the sewerage system was put to order and the road repair material was removed from the three classrooms.

All the students of the school belong to underprivileged sections of society. On 05.03.2006, I visited the locality from where these students come from and met the parents of some of these students. I found that though the parents had got their children enrolled in the school, they were indifferent to the education of their children. In such a situation, the students are totally dependent on the school. If the school authorities are also indifferent to the education of the students, one can imagine the fate of these students.

The school authorities cannot absolve themselves from their paramount responsibility of providing good quality education to the children merely for the reason that the parents are not taking interest in the education of their children. It is the constitutional mandate against the school authorities to device ways and means to ensure good quality education to all the children of this country. This school in the India’s Capital is lacking in all respects. The environment both in side and out side of the school is totally inappropriate for the education of the children.

The words in the preamble of the Constitution “ We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizen: Justice, social, economic and political: Liberty of thought, expression, belief, faith and worship; Equality of status and opportunity; and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation” have no meaning for these children. Similarly, the social justice philosophy of the Constitution and the fundamental right to free and compulsory education guaranteed to every child under Article 21-A of the Constitution have no meaning for these children. What is ironical is that though these children get the opportunity to go to school but they are uncared.

The Supreme Court of India in a recent decision in case of State of Bihar vs Project Uchcha Vidya, Sikshak Sangh (2006) 2 SCC 545 observed, “Imparting of education is a sovereign function of the State. Article 21-A of the Constitution envisages that children of age group 6 to 14 have a fundamental right to education. Clause 3 of Article 15 of the Constitution envisages special protection and affirmative action for women and children.” The tale of this neglected school negates all claims of the government of providing education to the children of the masses and addressing the issue of child labour.

The government schools are the only hope for the children of the masses and therefore, these needs to be set right. Civil Society has not only the role but also an obligation to work for the betterment of the government schools and for complete abolition of child labour. The community intervention in the school education is the only mantra to improve these schools and to abolish the child labour.

By Ashok Agarwal