On 31 March 2012, Rukmini Devi Public School, CD Block, Pitampura, Delhi-110034 has illegally denied continuation of Master Aryan son of Shri Neeraj Kumar r/o 25 Popular Apartments, Sector 13, Rohini, Delhi-110085 (M-9311123566) in pre-primary class. Advocate Ashok Agarwal has sent a phonogram to the school requesting the school to allow Aryan to continue in pre-primary class in the academic year 2012-13. Response is awaited.
Master Aryan’s father has complained to Advocate Ashok Agarwal that his son is studying in class pre-school in the academic year 2011-12 and he has paid the demanded fee of Rs.90,000/- to the school. His son got passing record and is promoted to pre-primary class and is also allotted Section B. He has also purchased books and school dress from the school for pre-primary class. Now the Class Teacher has called him on telephone and told him that as he has not filled up the admission form, his son cannot be allowed to continue in the school. The Class Teacher has also asked him to return the books. He said that the school has not informed him about the admission form for promoting in the next class and without any such communication; the school cannot discontinue his son. He has requested Mr. Agarwal to take necessary action.
It is submitted that when it is case of automatic promotion from pre-school to pre-primary class, where is a question of filling up an admission form? The school is just harassing the hapless parent, may be, with a view to take illegal donation from him.
Saturday, March 31, 2012
2 YRS AFTER RTE ACT, 2009 - J.K Happy School forcibly handed over T.C. to disabled student
On 30 March 2012, the principal of an unaided private school, namely, J.K.Happy School, Churiwalan, Delhi-110006 has forcibly handed over Transfer Certificate of a Class VII disabled student Master Himanshu Verma to his father Ashok Verma. Master Himanshu lost her mother 4 years ago. Advocate Ashok Agarwal has sent a phonogram to the school requesting the school to allow Himanshu to continue in the school. It is submitted that despite the fact that the parent has been regularly paying the school fees, the school does not want child to continue in the school on account of his low performance in studies. It is unfortunate that the school does not realize that the student is suffering from mental disability and it is for the school to do its best to develop the child instead of throwing him out of the school.
DELHI GOVT MOVES TO RECOVER FROM PRIVATE HOSPITALS UNWARRANTED PROFITS MADE AT THE COST OF THE POOR
Delhi Government after Hon’ble Supreme Court upheld Delhi High Court judgment dated 22.03.2007 in Social Jurist PIL on September 01, 2010 has now moved to recover from 43 identified private hospitals unwarranted profits having been made by these hospitals by denying free-treatment to poor patients during the relevant period in accordance with the land allotment clause.
The Directorate of Health Services, Government of NCT of Delhi by its letter dated 06.03.2012 has sought detailed information from all the 43 identified Private Hospitals in the prescribed Proforma within one month in order to determine the amounts to be recovered from each hospital to be used as corpus for the welfare/treatment of the poorest in the Government Hospitals as per the directions of the Hon’ble Delhi High Court.
The Hon’ble Delhi High Court in Order dated 22.03.2007 in Social Jurist amongst others held,
“There is no justification whatsoever on the part of the General, Specialty or Super Specialty hospitals not to comply with the mandate of the condition. Thus, they would be asked to make good of the non-compliance of the condition and they must repay to the authorities and the society at large for the unwarranted profits, at the cost of the poor, made by them for all these years to the extent of the percentage of free-patient treatment (in terms of money) proportionate to the number of patients treated by them during the relevant period and they must pay that money to the authorities who shall create a central corpus/pool which shall be utilized for the welfare, health-care and treatment of the poorer section of society in Government Hospitals. A Division Bench of this Court in its order dated 07.11.2002 (referred Supra) had passed such a direction. Despite orders of this Court from time to time, the hospitals which were in default persisted with the same and showed complete disobedience to the orders of the Court. The conduct of these hospitals even during the pendency of the writ petition is not worthy of any appreciation. Rather, it would tilt towards denial of relief on equitable grounds. Thus, we direct that a special committee shall be constituted which shall carry out these directions in its best wisdom and which shall ensure that the directions of the Court are neither diluted nor rendered ineffective by such steps.”
It is unfortunate that despite High Court and Supreme Court orders, some of the identified private hospitals like Mool Chand Karaiti Ram Trust and Hospital, St. Stephen’s Hospital and Rajiv Gandhi Cancer Institute & Research Centre are still not at all providing free-treatment to the EWS patients. The present step of the Government to recover unwarranted profits from all the erring private hospitals would certainly go a long way in implementation of the Court Orders in accordance with which such private hospitals on public lands allotted to them on highly concessional rates are obliged to provide totally free-treatment to EWS patients to the extent of 10% IPD and 25% OPD.
Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923
31.03.2012
The Directorate of Health Services, Government of NCT of Delhi by its letter dated 06.03.2012 has sought detailed information from all the 43 identified Private Hospitals in the prescribed Proforma within one month in order to determine the amounts to be recovered from each hospital to be used as corpus for the welfare/treatment of the poorest in the Government Hospitals as per the directions of the Hon’ble Delhi High Court.
The Hon’ble Delhi High Court in Order dated 22.03.2007 in Social Jurist amongst others held,
“There is no justification whatsoever on the part of the General, Specialty or Super Specialty hospitals not to comply with the mandate of the condition. Thus, they would be asked to make good of the non-compliance of the condition and they must repay to the authorities and the society at large for the unwarranted profits, at the cost of the poor, made by them for all these years to the extent of the percentage of free-patient treatment (in terms of money) proportionate to the number of patients treated by them during the relevant period and they must pay that money to the authorities who shall create a central corpus/pool which shall be utilized for the welfare, health-care and treatment of the poorer section of society in Government Hospitals. A Division Bench of this Court in its order dated 07.11.2002 (referred Supra) had passed such a direction. Despite orders of this Court from time to time, the hospitals which were in default persisted with the same and showed complete disobedience to the orders of the Court. The conduct of these hospitals even during the pendency of the writ petition is not worthy of any appreciation. Rather, it would tilt towards denial of relief on equitable grounds. Thus, we direct that a special committee shall be constituted which shall carry out these directions in its best wisdom and which shall ensure that the directions of the Court are neither diluted nor rendered ineffective by such steps.”
It is unfortunate that despite High Court and Supreme Court orders, some of the identified private hospitals like Mool Chand Karaiti Ram Trust and Hospital, St. Stephen’s Hospital and Rajiv Gandhi Cancer Institute & Research Centre are still not at all providing free-treatment to the EWS patients. The present step of the Government to recover unwarranted profits from all the erring private hospitals would certainly go a long way in implementation of the Court Orders in accordance with which such private hospitals on public lands allotted to them on highly concessional rates are obliged to provide totally free-treatment to EWS patients to the extent of 10% IPD and 25% OPD.
Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923
31.03.2012
Thursday, March 29, 2012
RTE VIOLATED WITH IMPUNITY- Student Nand Kumar denied admission in class VI by Govt.Boys Sr. Sec. School
SOCIAL JURIST
To,
The Director of Education
Government of NCT of Delhi
Old Secretariat Building
Civil Lines Delhi 110054
29 March 2012
Subject: RTE VIOLATED - Student Nand Kumar denied admission in class VI by Govt. Boys Sr. Sec. School Sadiq Nagar, New Delhi
Dear Sir,
Ms. Archana Agnihotri, Social Jurist Volunteer, resident of N – 107, GK 1, New Delhi 48 (M-921205649) has complained to me that the principal of Government Boys Senior Secondary School (2nd shift) Sadiq Nagar, New Delhi 110049 has denied admission to Master Nand Kumar s/o Dashrath Mandal (M-931055772) in class VI in the academic year 2012-13 on the alleged ground that he is old for class VI. A copy of the complaint dated 29/03/2012 is enclosed hereto for your ready reference.
It is submitted that there is no legal justification at all on the part of the Principal of the Government Boys Senior Secondary School, Sadiq Nagar to deny admission to Master Nand Kumar in class VI because Master Nand Kumar had been earlier studying in MCD Adarsh Co-Ed School, Jamrudpur, New Delhi from where he has passed class V in the academic year 2011-12 and has also been issued a Transfer Certificate dated 24/03/2012 by the MCD school. A copy of the Transfer Certificate dated 24/03/2012 is also enclosed hereto for your ready reference.
Ms. Archana Agnihotri has also written in her complaint that she is getting several complaints from different people against the principal of the of Government Boys Senior Secondary School, Sadiq Nagar, New Delhi that he harasses poor parents and gives a hard time to students in admitting them. She has also written that Master Nand Kumar wants to study seriously and that his father and mother both are very poor. His father is a car cleaner and his mother a domestic helper. They are also uneducated, but it does not mean that anybody can exploit these poor and helpless people. She has requested me to help this boy to secure admission in this school because this is the closest school where the boy can go to study. It is needless to say that the boy and his mother have personally met me today.
That the denial on the part of the school Principal to admit master Nand Kumar in class VI on the alleged ground that he is old for Class VI is not only unconstitutional but also in violation of the express provisions of the Right of Children to Free and Compulsory Education Act, 2009.
You are therefore requested to look into this matter urgently and ensure that Master Nand Kumar is admitted in Class VI in the academic year 2012-13 in the Govt. Boys Senior Secondary School, Sadiq Nagar, New Delhi.
With Regards
Ashok Agarwal
Advocate
Advisor- Social Jurist
Mob no. 9811101923
To,
The Director of Education
Government of NCT of Delhi
Old Secretariat Building
Civil Lines Delhi 110054
29 March 2012
Subject: RTE VIOLATED - Student Nand Kumar denied admission in class VI by Govt. Boys Sr. Sec. School Sadiq Nagar, New Delhi
Dear Sir,
Ms. Archana Agnihotri, Social Jurist Volunteer, resident of N – 107, GK 1, New Delhi 48 (M-921205649) has complained to me that the principal of Government Boys Senior Secondary School (2nd shift) Sadiq Nagar, New Delhi 110049 has denied admission to Master Nand Kumar s/o Dashrath Mandal (M-931055772) in class VI in the academic year 2012-13 on the alleged ground that he is old for class VI. A copy of the complaint dated 29/03/2012 is enclosed hereto for your ready reference.
It is submitted that there is no legal justification at all on the part of the Principal of the Government Boys Senior Secondary School, Sadiq Nagar to deny admission to Master Nand Kumar in class VI because Master Nand Kumar had been earlier studying in MCD Adarsh Co-Ed School, Jamrudpur, New Delhi from where he has passed class V in the academic year 2011-12 and has also been issued a Transfer Certificate dated 24/03/2012 by the MCD school. A copy of the Transfer Certificate dated 24/03/2012 is also enclosed hereto for your ready reference.
Ms. Archana Agnihotri has also written in her complaint that she is getting several complaints from different people against the principal of the of Government Boys Senior Secondary School, Sadiq Nagar, New Delhi that he harasses poor parents and gives a hard time to students in admitting them. She has also written that Master Nand Kumar wants to study seriously and that his father and mother both are very poor. His father is a car cleaner and his mother a domestic helper. They are also uneducated, but it does not mean that anybody can exploit these poor and helpless people. She has requested me to help this boy to secure admission in this school because this is the closest school where the boy can go to study. It is needless to say that the boy and his mother have personally met me today.
That the denial on the part of the school Principal to admit master Nand Kumar in class VI on the alleged ground that he is old for Class VI is not only unconstitutional but also in violation of the express provisions of the Right of Children to Free and Compulsory Education Act, 2009.
You are therefore requested to look into this matter urgently and ensure that Master Nand Kumar is admitted in Class VI in the academic year 2012-13 in the Govt. Boys Senior Secondary School, Sadiq Nagar, New Delhi.
With Regards
Ashok Agarwal
Advocate
Advisor- Social Jurist
Mob no. 9811101923
Wednesday, March 28, 2012
GREEDY SCHOOL HUMILIATES & DENIES REPORT CARD TO SON OF A POOR WIDOW
SOCIAL JURIST
To,
Smt Sheila Dikshit
Hon’ble Chief Minister,
Government of NCT of Delhi,
Secretariat, IP Estate, New Delhi-2
28/03/2012
SUBJECT: GREEDY SCHOOL HUMILIATES & DENIES REPORT CARD TO SON OF A POOR WIDOW
Dear Madam,
This is to bring to your urgent notice another shocking instance of high-handedness and illegality on the part of the management of Guru Harkishan Public School, India Gate in which a Class VIII D, student, Abhishek S/o Rekha (Mobile: 9818842241) was today i.e 28/03/2012 denied his Report Card saying that it would only be given to him if he agrees to take his Transfer Certificate and leave the school.
The mother, who is a single parent, a daily-wager and a widow, had gone to the school this morning along with her son to take the Report Card where she was humiliated and threatened by the school management authorities saying she would be given the Report Card only if she either cleared the past arrears or if she agreed to take the Transfer Certificate.
Just a few months ago, Delhi High Court had directed the school management to allow the child to continue his studies in that school while paying only transportation fee. However, in violation of the court order, the school management today falsely claimed that there was an arrear of Rs 25,000 as school fee.
It needs to be mentioned that Guru Harkishan Public School is one of the many schools in Delhi which have been provided government land at concessional rate on the condition that they will provide free education to the Economically Weaker Sections.
The school has been repeatedly humiliating the minor child and her poor widowed mother simply because they are poor and they can be conveniently denied the right to education in an unaided school.
Just a few months ago, the child had been forced to get down of the school bus and brutally slapped by a school teacher and scolded despite the fact that he had already paid the transportation fee thanks to the financial assistance by an activist lawyer.
With Regards
Ashok Agarwal, Advocate
Advisor,Social Jurist
M-09811101923
To,
Smt Sheila Dikshit
Hon’ble Chief Minister,
Government of NCT of Delhi,
Secretariat, IP Estate, New Delhi-2
28/03/2012
SUBJECT: GREEDY SCHOOL HUMILIATES & DENIES REPORT CARD TO SON OF A POOR WIDOW
Dear Madam,
This is to bring to your urgent notice another shocking instance of high-handedness and illegality on the part of the management of Guru Harkishan Public School, India Gate in which a Class VIII D, student, Abhishek S/o Rekha (Mobile: 9818842241) was today i.e 28/03/2012 denied his Report Card saying that it would only be given to him if he agrees to take his Transfer Certificate and leave the school.
The mother, who is a single parent, a daily-wager and a widow, had gone to the school this morning along with her son to take the Report Card where she was humiliated and threatened by the school management authorities saying she would be given the Report Card only if she either cleared the past arrears or if she agreed to take the Transfer Certificate.
Just a few months ago, Delhi High Court had directed the school management to allow the child to continue his studies in that school while paying only transportation fee. However, in violation of the court order, the school management today falsely claimed that there was an arrear of Rs 25,000 as school fee.
It needs to be mentioned that Guru Harkishan Public School is one of the many schools in Delhi which have been provided government land at concessional rate on the condition that they will provide free education to the Economically Weaker Sections.
The school has been repeatedly humiliating the minor child and her poor widowed mother simply because they are poor and they can be conveniently denied the right to education in an unaided school.
Just a few months ago, the child had been forced to get down of the school bus and brutally slapped by a school teacher and scolded despite the fact that he had already paid the transportation fee thanks to the financial assistance by an activist lawyer.
With Regards
Ashok Agarwal, Advocate
Advisor,Social Jurist
M-09811101923
Monday, March 19, 2012
Introduce 2 years of Pre-Primary Education in all Govt.& Local Bodies run schools in terms of Section 11 of RTE Act, 2009 - SJ writes to Delhi CM
SOCIAL JURIST
To
Smt. Sheila Dikshit,
Hon’ble Chief Minister,
Government of NCT of Delhi,
Delhi Secretariat, I.P.Estate,
New Delhi-110002
15 March 2012
Sub: Introduce two years of pre-primary (Pre-Primary & Pre-School) education as a part & parcel of the formal school in all Govt. & Local Bodies run schools in terms of Section 11 of RTE Act, 2009
My Dear Chief Minister,
We invite your attention to Section 11 of Right of Children to Free and Compulsory Education Act, 2009 which reads as under:-
“11. Appropriate Government to provide pre-school education – With a view to prepare children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government may make necessary arrangement for providing free pre-school education for such children.”
It is submitted that a Division Bench of Hon’ble Delhi High Court headed by Hon’ble The Acting Chief Justice A.K.Sikri in its judgment dated 27.01.2012 in W.P. (C) 7802 of 2011 entitled Social Jurist, A Civil Rights Group vs. Govt. of NCT of Delhi and another has dealt in detail with the above mentioned Section 11 of the RTE Act, 2009.
It is submitted that in the above said judgment, the Hon’ble Judges in para 31 amongst others observed,
“(ii) Every child has a right to ECCE of equitable quality and when ECCE is treated as first step in educational ladder and as a part of Education for All (EFA), the Government as well as schools have responsibility for all programmes for children of 3+ age as well, which is integral part of ECCE.
(vii) Even for ensuring that there are no drop outs when the formal learning starts, the continuum from Pre-school to Pre-Primary and higher level becomes essential. This is
recognized by the Right to Education Act as well as mandate is particularly incorporated in Section 11 and Section 12 thereof which lay emphasis on “inclusive elementary to all.”
It would also be worthwhile to submit that in the above judgment, the Hon’ble Judges in para 11 noted the submissions of the learned counsel appearing for the Government of NCT of Delhi. A relevant extract thereof is reproduced as under:
“Early childhood development includes two main aspects, i.e. care and education. Therefore the pace of development at the early childhood was of paramount importance. Her submission was that due care needs to be given to the children at this stage and that is a component of ‘education’. It includes Pre School education programme aimed at 3-6 years old. Thus, the Pre School education can start from the age of 3 years was her submission. Her arguments were that Delhi School Education Act does not prescribe any minimum age for pre schooling. On the other hand, RTE Act had changed the entire complexion as it was of the Government now to take care of children of this age as well.”
By reading the provisions of Section 11 of RTE Act, 2009 as interpreted by the Hon’ble Judges in the above mentioned judgment, the message is loud and clear that the Government is duty bound to provide pre-school education to all the children of 3+ age through State-run regular full-time formal schools. It is also necessary in order to bring uniformity in education system as most of the unaided private schools begin education at pre-school level where child at 3+ age is admitted.
At present, the schools run by the Government of NCT of Delhi and Local Bodies like MCD, NDMC and Delhi Cantonment Board do not have pre-school classes. Most of these schools even do not have pre-primary classes. It is submitted that opening of 2 years pre-primary (Pre-Primary & Pre-School) classes in the all the State & Local Bodies run schools as a part and parcel of full time formal school would not only be in compliance of the provisions of Section 11 of RTE Act, 2009 but would greatly benefit the children of the masses.
Therefore, it is requested that 2 years pre-primary (Pre-Primary & Pre-School) classes in the all the State & Local Bodies run schools as a part and parcel of full time formal school be opened from the coming academic year 2012-13 where children above the age of 3 years would receive equitable ECCE.
With regards,
Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923
To
Smt. Sheila Dikshit,
Hon’ble Chief Minister,
Government of NCT of Delhi,
Delhi Secretariat, I.P.Estate,
New Delhi-110002
15 March 2012
Sub: Introduce two years of pre-primary (Pre-Primary & Pre-School) education as a part & parcel of the formal school in all Govt. & Local Bodies run schools in terms of Section 11 of RTE Act, 2009
My Dear Chief Minister,
We invite your attention to Section 11 of Right of Children to Free and Compulsory Education Act, 2009 which reads as under:-
“11. Appropriate Government to provide pre-school education – With a view to prepare children above the age of three years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government may make necessary arrangement for providing free pre-school education for such children.”
It is submitted that a Division Bench of Hon’ble Delhi High Court headed by Hon’ble The Acting Chief Justice A.K.Sikri in its judgment dated 27.01.2012 in W.P. (C) 7802 of 2011 entitled Social Jurist, A Civil Rights Group vs. Govt. of NCT of Delhi and another has dealt in detail with the above mentioned Section 11 of the RTE Act, 2009.
It is submitted that in the above said judgment, the Hon’ble Judges in para 31 amongst others observed,
“(ii) Every child has a right to ECCE of equitable quality and when ECCE is treated as first step in educational ladder and as a part of Education for All (EFA), the Government as well as schools have responsibility for all programmes for children of 3+ age as well, which is integral part of ECCE.
(vii) Even for ensuring that there are no drop outs when the formal learning starts, the continuum from Pre-school to Pre-Primary and higher level becomes essential. This is
recognized by the Right to Education Act as well as mandate is particularly incorporated in Section 11 and Section 12 thereof which lay emphasis on “inclusive elementary to all.”
It would also be worthwhile to submit that in the above judgment, the Hon’ble Judges in para 11 noted the submissions of the learned counsel appearing for the Government of NCT of Delhi. A relevant extract thereof is reproduced as under:
“Early childhood development includes two main aspects, i.e. care and education. Therefore the pace of development at the early childhood was of paramount importance. Her submission was that due care needs to be given to the children at this stage and that is a component of ‘education’. It includes Pre School education programme aimed at 3-6 years old. Thus, the Pre School education can start from the age of 3 years was her submission. Her arguments were that Delhi School Education Act does not prescribe any minimum age for pre schooling. On the other hand, RTE Act had changed the entire complexion as it was of the Government now to take care of children of this age as well.”
By reading the provisions of Section 11 of RTE Act, 2009 as interpreted by the Hon’ble Judges in the above mentioned judgment, the message is loud and clear that the Government is duty bound to provide pre-school education to all the children of 3+ age through State-run regular full-time formal schools. It is also necessary in order to bring uniformity in education system as most of the unaided private schools begin education at pre-school level where child at 3+ age is admitted.
At present, the schools run by the Government of NCT of Delhi and Local Bodies like MCD, NDMC and Delhi Cantonment Board do not have pre-school classes. Most of these schools even do not have pre-primary classes. It is submitted that opening of 2 years pre-primary (Pre-Primary & Pre-School) classes in the all the State & Local Bodies run schools as a part and parcel of full time formal school would not only be in compliance of the provisions of Section 11 of RTE Act, 2009 but would greatly benefit the children of the masses.
Therefore, it is requested that 2 years pre-primary (Pre-Primary & Pre-School) classes in the all the State & Local Bodies run schools as a part and parcel of full time formal school be opened from the coming academic year 2012-13 where children above the age of 3 years would receive equitable ECCE.
With regards,
Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923
RTE Act, 2009 violated in the matter of admission to the Children in pre-primary classes in the academic year 2012-13
SOCIAL JURIST
19th March, 2012
1. Smt. Shiela Dikshit,
Hon’ble Chief Minister,
Govt. of NCT of Delhi,
Delhi Secretariat, I.P. Estate,
New Delhi-110002.
2. The Commissioner,
Municipal Corporation of Delhi,
4th Floor, S.P.M. Civic Centre;
Minto Road,
New Delhi-110 002.
Sub: - RTE Act, 2009 violated in the matter of admission to the
Children in pre-primary classes in the academic year 2012-13
Dear Madam/Sir,
You are well aware of the fact that after enactment of Right of Children to Free & Compulsory Education Act, 2009 (RTE Act, 2009), you are obliged to provide 2 years’ pre-primary classes in your schools in order to provide education to all the children above 3 years of age. Such provisions have not yet been made resulting in depriving the children of 3+ age of their right to education as guaranteed to them under the Constitution read with the provisions of RTE Act, 2009.
2. That presently some of the schools run by the Govt. of NCT of Delhi and MCD have a provision of pre-primary classes where children of 4+ age are admitted. It is submitted that due to inadequate and insufficient provisions for admission of 4+ age children in pre-primary classes in Government and MCD run schools, only a small number of children of 4+ age are given admission and rest of the large number of children of this age are denied admission.
3. As a matter of illustration, it is pointed out that each of Sarvodaya Vidyalayas having pre- primary classes run by the Delhi Government have received applications more than double of the seats earmarked for admission of 4+ age children in pre-primary classes. It was the situation of 17th March, 2012 which was declared as the last date of receiving applications for admission of 4+ age children in pre-primary classes in Sarvodaya Vidyalayas. In terms of the date schedule, a draw of lot will take place on 22nd March, 2012 and only limited number of children would be given admission and all the rest would be denied.
4. Your attention is invited to Section 3 read with Section 11 of RTE Act, 2009 in terms of which every child has a right of admission in the neighbourhood school. When every child has a right of admission in the school run by you, where is a question of holding draw of lots for such admissions? The draws of lots pre-suppose that only limited number of students would be admitted and the rest would be denied. Such an action/inaction on your part would be in total violation of fundamental right to education as guaranteed to every children under Article 14 (Right to Equality), Article 21 (Right to live with dignity), Article 21A (Right to Good Quality and Elementary Education) and Article 38 (Right to Social Justice) of the Constitution of India read with the provisions of RTE Act, 2009.
You are, therefore, requested to kindly look into the present matter on urgent basis and ensure that not only the admissions are given to all children of 4+ age who have already applied but also to all other children who are 4+ age and have not so far applied..
With regards,
Ashok Agarwal, Advocate
Advisor- Social Jurist
M- 9811101923
19th March, 2012
1. Smt. Shiela Dikshit,
Hon’ble Chief Minister,
Govt. of NCT of Delhi,
Delhi Secretariat, I.P. Estate,
New Delhi-110002.
2. The Commissioner,
Municipal Corporation of Delhi,
4th Floor, S.P.M. Civic Centre;
Minto Road,
New Delhi-110 002.
Sub: - RTE Act, 2009 violated in the matter of admission to the
Children in pre-primary classes in the academic year 2012-13
Dear Madam/Sir,
You are well aware of the fact that after enactment of Right of Children to Free & Compulsory Education Act, 2009 (RTE Act, 2009), you are obliged to provide 2 years’ pre-primary classes in your schools in order to provide education to all the children above 3 years of age. Such provisions have not yet been made resulting in depriving the children of 3+ age of their right to education as guaranteed to them under the Constitution read with the provisions of RTE Act, 2009.
2. That presently some of the schools run by the Govt. of NCT of Delhi and MCD have a provision of pre-primary classes where children of 4+ age are admitted. It is submitted that due to inadequate and insufficient provisions for admission of 4+ age children in pre-primary classes in Government and MCD run schools, only a small number of children of 4+ age are given admission and rest of the large number of children of this age are denied admission.
3. As a matter of illustration, it is pointed out that each of Sarvodaya Vidyalayas having pre- primary classes run by the Delhi Government have received applications more than double of the seats earmarked for admission of 4+ age children in pre-primary classes. It was the situation of 17th March, 2012 which was declared as the last date of receiving applications for admission of 4+ age children in pre-primary classes in Sarvodaya Vidyalayas. In terms of the date schedule, a draw of lot will take place on 22nd March, 2012 and only limited number of children would be given admission and all the rest would be denied.
4. Your attention is invited to Section 3 read with Section 11 of RTE Act, 2009 in terms of which every child has a right of admission in the neighbourhood school. When every child has a right of admission in the school run by you, where is a question of holding draw of lots for such admissions? The draws of lots pre-suppose that only limited number of students would be admitted and the rest would be denied. Such an action/inaction on your part would be in total violation of fundamental right to education as guaranteed to every children under Article 14 (Right to Equality), Article 21 (Right to live with dignity), Article 21A (Right to Good Quality and Elementary Education) and Article 38 (Right to Social Justice) of the Constitution of India read with the provisions of RTE Act, 2009.
You are, therefore, requested to kindly look into the present matter on urgent basis and ensure that not only the admissions are given to all children of 4+ age who have already applied but also to all other children who are 4+ age and have not so far applied..
With regards,
Ashok Agarwal, Advocate
Advisor- Social Jurist
M- 9811101923
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