Friday, February 28, 2014

DEO order dated 27.02.2014 on nursery admissions suffers from serious flaws - AIPA writes to Lt. Governor

ALL INDIA PARENTS ASSOCIATION (AIPA)
Agarwal Bhawan G.T. Road, Tis Hazari, Delhi - 110054

To,

The Lt. Governor of Delhi
Raj Niwas, Delhi-110054
28.02.2014

Sub: DEO order dated 27.02.2014 on nursery admissions suffers from serious flaws – needs immediate rectification

Sir,

We are happy and welcome your decision to scrap 5 points for transfer cases in the matter of admission of children in nursery classes in unaided recognised private schools in Delhi. In fact, you should have similarly scrapped 20 points for sibling and 5 points for alumni or at least cap should have been put on them as was suggested by the Ganguly Committee in its IInd Report to the Delhi High Court in the year 2007. The cap was suggested by the Ganguly Committee keeping in mind the experience gained in the earlier year of 2006 that most of the seats in a school were taken away by the siblings and alumni. I, in fact had suggested to you this when you were reviewing the notification of 18.12.2013 but no attention was given.

The present representation is being made to draw your attention to the fact that DEO order dated 27.02.2014 on the face of it suffers from serious flaws that need to be addressed at your end. Para 3 of the said order reads as:

“3. If the school has conducted draw of lots for those applicants securing 70 points, that draw shall remain valid for the selected/confirmed candidates only. Fresh draw of lots shall be held for remaining applicants having 70 points, including wait listed applicants and those applicants, who were earlier securing 75 points because of ‘Inter State Transfer Case’ category.”

It is submitted that the above said procedure would do great harm and injustice to the candidates who have earlier secured 75 points because of ‘Inter State Transfer Case’ and are now not being treated even as securing 70 points or equal to those who had secured 70 points. This class of the candidates are at least entitled to be considered equal to those who have secured 70 points and the school has conducted draw of lot for the same and has drawn up the list of selected candidates. Unfortunately, DEO order has now unjustly pushed them down even below the candidates securing 70 points who have already gone for draw of lot. In my humble submission, this is impermissible in law.

It is submitted that the entire list of candidates securing 70 points including those who had earlier secured 75 points because of ‘Inter State Transfer Case’ is required to be redrawn and fresh draw of lots must take place of all of them at one time. There is no point differentiating them in any manner. In other words, the candidates who earlier secured 75 points because of ‘Inter State Transfer Case’ cannot be put to disadvantage merely because a school has already held a draw of lots in regard to the candidates who had secured 70 points. It is bound to creep into great injustice to an innocent section of candidates.

It is, therefore, requested to kindly look into this matter on urgent basis and do necessary rectifications in the DEO order dated 27.02.2014.

With regards,

Ashok Agarwal, Advocate
National President, AIPA
M-09811101923



27/02/2014-Adv Ashok Agarwal with Coolies-Debating Demands

22/02/2014 - Adv Ashok Agarwal with parents at Jantar Mantar against tra...

Human Rights Debated - Adv Ashok Agarwal with Myanmar Refugees at New De...

हम भी कुछ सिख ले इससे - कैंसर है जानलेवा बीमारी राम प्रकाश जिनकी उम्र 59 साल है l ये तम्बाकू खाते थें और बीड़ी पीते थें l जिसका असर आपके सामने है, उनको जीभ में कैंसर हो गया है l ये अब बोल भी नहीं सकते ना ही कुछ खा सकते है l सिर्फ तरल पर्दार्थ ले सकते है, ये मैनपुरी, यूपी के रहने वाले है, और वह खेती में मजदूरी करते है और मुस्किल से रोज़ का 100 रुपये रोज़ कमा पाते है l ये BPL, गरीबी रेखा वाले कार्ड से भी निचे वाले AAY कार्ड धारक हैl ये आज सुबह अपने इलाज़ की आशा लिए हुए अधिवक्ता अशोक अग्रवाल के पास आये l अधिवक्ता अशोक अग्रवाल ने इन्हें EWS के तहत फ्री इलाज़ के लिए धर्मशिला हॉस्पिटल भेजा l





Thursday, February 27, 2014

JOIN US FOR CHANGE-



Lawyers plus Team of Social Jurist led by Advocate Ashok Agarwal will visit Khirchi Pur Slum on Sunday 02 March 2014 from 8.00 am to 10.00 am to interact with the inhabitants (door to door) thereof on right to education, right to health and labour rights etc. Those interested to join us may please reach Lal Bahadur Shastri Hospital, Khirchi pur at 8.00 am sharp. Contact Person- Mrs. Sunita Chauhan - 09718579728

SOCIAL JURIST MOVES SUPREME COURT AGAINST HIGH COURT ORDER PERMITTING KVS TO CHARGE FEES FROM STUDENTS

Thursday 27/02/2014: Social Jurist, A civil rights group has today moved Supreme Court against order of Delhi High Court permitting Kendriya Vidyalayas to charge fees under various heads, like tuition fees, vidyalaya vikas nidhi, computer fund, etc., from the students studying in classes 1 to 8.

The petitioner through Advocate Ashok Agarwal has raised a constitutional issue as to “whether after 1/4/2010 i.e. date when article 21-A of the Constitution of India and the provisions of Right of Children to Free and Compulsory Education Act, 2009 came in to force, the KVS are disentitled to levy any kind of fees on the students of classes 1 to 8 studying in various kendriya vidyalayas (central schools)?”

A Division Bench of Delhi High Court in its order of 13/12/2013 in a PIL filed by the petitioner held that the action of the KVS in charging fees under various heads from the students studying in Kendriya Vidyalays in classes 1 to 8 is not in violation of 21-A of the Constitution of India as well as of the provisions of Right of Children to Free and Compulsory Education Act, 2009.

The High Court held,” In our opinion, Kendriya Vidyalaya Sangathan schools are governed by Section 12 (1) (c) of RTE Act which only mandates that a school specified in sub-clause (iii) of clause (n) of Section 2 must admit twenty five per cent of its strength in class one from children belonging to weaker section and disadvantaged group in the neighborhood and must provide them free and compulsory education. RTE Act does not mandate that no fee shall be charged from remaining seventy five percent of its student.”

The petitioner in the SLP has argued, “That in view of Article 21-A of the Constitution of India and in view of Preamble, as well as Section 3, of the Right of Children to Free and Compulsory Education Act, 2009, it is impermissible in law for the Respondents to levy any kind of fee on the students studying in Class 1 to Class 8. In other words, the action of charging any kind of fees from the students of Classes 1 to 8 by Kendriya Vidyalayas run by Kendriya Vidyalaya Sanghathan, is not only unconstitutional but also illegal and arbitrary.”

The SLP is likely to be heard in the next week.

Ashok Agarwal, Advocate
M.9811101923
27.02.2014