CONTEMPT NOTICE TO MCD COMMISSIONER-ILLEGAL OCCUPATION OF SCHOOL PREMISES

To

The CommissionerMunicipal Corporation of Delhi
Town Hall, Chandni ChowkDelhi-110006

Sub: Contempt Notice - School premises illegally occupied by municipal dispensary in violation of Delhi High Court directives.

Dear Sir,

It is brought to your notice that the premises of the MCD Primary School, Block 16,Trilokpuri, Delhi has been partly occupied by the Health Department for the last several years causing inconvenience to the tender age students studying in that school. Due to this illegal and unauthorised occupation, students of the school have been deprived of educational facilities conducive to their quality education. Moreover, the incident of 23.10.2009, in which a 53 years old primary teacher, Bhitty Bhan, was stabbed in classroom by a person visiting the dispensary in the school premises. This has been widely reported in the newspapers on 24.10.2009. I have been told that despite protests by the parents, you have taken no action to remove the dispensary from the school premises and to handover the premises to the Principal of the school for utilising the same as classrooms for the students. Had you taken action to remove the dispensary from the school premises, the said incident could have been avoided.


In July 2002, Social Jurist filed a PIL (Civil Writ No. 4032/2002) in Delhi High Court highlighting that the municipal dispensary was being run in the premises of the MCD Boys School, Bowana by occupying two classrooms, one multi purpose room and a toilet block thereby depriving more than 750 school children of class 1 to 5 (both boys and girls) not only of the benefit of classrooms, multi-purpose room and toilet block but also of the playground. It was also highlighted that the municipal dispensary was run during the school hours resulting in entry of large number of patients, their relatives etc. in the school premises which roam in and around the playground and classrooms of the children causing disturbance to the studies of the children. It was submitted that dispensary employees throw open the medical waste including used syringes in the playground and the same were picked up by the school children endangering their lives. It was submitted that the said action on the part of the MCD was not only in violation of the rights of the children as guaranteed to them under Articles 21 and 45 of the Constitution of India read with Delhi School Education Act, 1973, Delhi Primary Education Act, 1960 and UN Convention on the Rights of the Child but also in violation of the Orders dated 16.02.2001 of a Division Bench of Delhi High Court passed in PIL (CW. 5329 of 1997) wherein the Hon'ble Judges observed "We can not permit the MCD to open its offices in schools and deprive the children of their classrooms."


When the above said PIL (CW No. 4032/2002) came up for hearing before the High Court on 02.08.2002, the High Court directed you to remove the dispensary from the school premises on or before 31st January 2003 and hand over the possession of the class rooms etc. to the school after the same were vacated by MCD. Pursuant to the said Orders, the MCD removed the dispensary and handed over the classroom etc. to the school.


It is shocking that despite Hon’ble Delhi High Court’s clear directives to the MCD to not to open its offices in schools’ premises and to deprive the students of their classrooms, MCD has allowed its dispensary to continue in the premises of the MCD Primary School, Block 16, Trilokpuri, Delhi. The said action on your part goes contrary to the spirit of the orders of the Hon'ble High Court and tantamount to contempt of the High Court which attracts penal action against you.
It is, therefore, demanded that the municipal dispensary should be removed immediately from the premises of the MCD Primary School, Sector 16, Trilokpuri, Delhi the same be handed over to the Principal of the school for the purpose of the school and nothing else. If it is not done, we will approach the High Court with contempt petition against you. Please note.

Thanking you.
Yours Sincerely,
Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923
25.10.2009