Sunday, March 22, 2009

SCHOOL LAW HELPLINE

Right to Education Task Force (RETF) is a group of volunteers intervening into the matter of complaints of parents, students and social activists etc. relating to the problems involving violation of child rights being faced by the students/parents with private as well as with government schools primarily in Delhi, and also in other states/union territories of India. The complaints are handled by the legal experts. All services are totally voluntary & free of cost. One can write to RETF at Email: socialjurist@socialjurist.com and/or to The Convener, Right to Education Task Force, 478-479, Lawyers Chambers, Western Wing, Tis Hazari Courts, Delhi-110054 (India). Complaints can also be lodged at HELPLINES- 09811101923, 011-23384000, 09868529459.


Ashok Agarwal, Advocate
Convener, RETF
M-09811101923

Saturday, March 14, 2009

YEH KAISI AASTHA? (WHAT KIND OF FAITH IT IS?)








Saturday, 14 March 2009 at about 12.30 pm in front of a Hindu Temple near Deepali Chowk, Outer Ring Road, North-West Delhi, India several tender age children can be seen rolling themselves on the summer hot road under the dictates of their parents covering distance of around 200 meters in order to reach at the gate of the temple to offer prayers to the Hindu deity. These tender age children are the children of the people of the poor and marginalized sections. The parents are literally forcing them to adopt such inhuman and derogatory practice in the hope & belief of being awarded with material prosperity so to compete with the rest of the world. Interestingly, hundreds of passing by rich and wealthy sections of people are just not interested in the world of these poor and unfortunate children.


Such practice is derogatory to the dignity and rights of the child. It exposes and willfully neglects the child in the manner likely to cause such child unnecessary mental and physical suffering. Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 makes such an act punishable with imprisonment for a term which may extend to six months, or fine, or with both. Article 39 (f) of the Constitution of India provides that the State shall, in particular, direct its policy towards securing that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. Article 51A (h) of the Constitution of India provides that it shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of inquiry and reform.

The Government is constitutionally obliged to protect the rights of the children. It is well said that the children are the future of the country. However, one can imagine that with such kind of inhuman practice, what kind of future we are going to have. Therefore, the Government must take immediate steps to prevent occurrence of such immoral, illegal and derogatory practice.

-By Ashok Agarwal, Advocate

Mob- 09811101923

Saturday, March 7, 2009

EWS STUDENTS ADMISSION IN UNAIDED PRIVATE SCHOOLS - HIGH COURT ORDER OF 18.02.2009

DELHI HIGH COURT, AT NEW DELHI
W.P. (C) No. 3156 OF 2002
Social Jurist vs. Government of NCT of Delhi and others


Order dated 18.02.2009 of the Hon’ble Chief Justice Bench in the PIL relating to the free seats to the students belonging to the Economically Weaker Sections (EWS) in 384 unaided recognized private schools in Delhi to whom public land was allotted on concessional rates


“We are informed that the admission process for the academic session 2009-2010 is in process and is likely to be completed by April and an assurance has been given on behalf of the respective schools that the interim order of this court for reservation admitting to 15% of EWS students could be maintained and complied with in letter and spirit.


Mr. Ashok Aggarwal learned counsel appearing for the petitioner, however, states that there are complaints that some of the schools are not issuing forms to the parents of the eligible EWS students. It will be open for Mr. Ashok Aggarwal to approach the Director of Education with regard to such cases and in the case such representation is received, the department will take appropriate action in accordance with the Law.


All the concerned schools are directed to submit their statement to the Director of Education by the first week of May, 2009 indicating the number of students admitted under the EWS category. The Director of Education shall ascertain the veracity of this report and file a status report in this court by the end of May, 2009.


Ms. Avnish Ahlawat also informs us that fee have been refunded to students in terms of the order dated 30th May, 2007. Let the matter stand over till 8th July, 2009.


The State Government is directed to give adequate publicity to the reservation for EWS category on its Website, Newspapers, Doordarshan and other channels as well as in Cinema halls by way of slides.”

PARENTS UNABLE TO PAY FEE OF RS. 6500 - GREEDY SCHOOL DECLINES BROTHER-SISTER TO TAKE ANNUAL EXAMINATION

07.03.2009

To,
The Director of Education
Government of N.C.T of Delhi
Old Secretariat Building
Civil Lines, Delhi-110054

Sub: Parents unable to pay RS. 6500 – Greedy school declines brother-sister to take annual examination

Dear Sir,

That Mr. B.S Kapoor and Mrs. Meenu Kapoor (M: 9313506686) r/o C-32, Hardev Nagar, Burari, Delhi – 84, parents of master Abhishek Kapoor and Kumari Heena Kapoor, students of classes VI & IV of Moorti Devi Public School, A2/21 Block II, Sant Nagar, Burari, Delhi – 110084 (M : 9212205870), have personally complained to me that since they were unable to pay a sum of Rs. 6500 ( arrears on account of fee hike + books charges) to the school, the schools’ Principal kept both of their wards out from taking annual examinations which started on the 5th of March 2009. Inspite of the fact that the parents promised to pay the said sum of Rs. 6500 to the school, before they were provided with annual report cards, the greedy school Principal did not listen to them at all. These students have already missed three exams and if this state of affairs continues anymore, they would also miss the remaining exams which would end on 17.03.2009.


The parents’ economic condition is very bad and the total family monthly income is not more than Rs. 5000. The said conduct of the school leaves no doubt that the said school has been indulging in commercialization of education. The basic legal philosophy of philanthropy and community service behind running the school has been completely violated. Unfortunately, the Government of Delhi is a silent spectator and has miserably failed to fulfill the constitutional mandate of free and good quality education in the schools. In the absence of good quality Government schools, the hapless parents are forced to send their wards to fee charging private schools and to part with a substantial portion of their income.


It is the pious duty of the Government to ensure that no child is victimized, harassed, tortured and deprived of its Right to Education.


It is, therefore, requested that immediate action may be taken in this matter with an intimation to the undersigned.


With regards

(Ashok Agarwal)
Advocate
Advisor, Social Jurist
Mobile - 9811101923



Copy to: Principal, Moorti Devi Public School, A2/21 Block II, Sant Nagar, Burari, Delhi – 110084, for information and necessary action please.