Sunday, September 27, 2009

DELHI GOVT SPL SCHOOL DENIES ADMISSION TO 8 YRS OLD SPL CHILD

Dear Madam Chief Minister of Delhi,

It is most unfortunate and painful that a school meant for children suffering from hearing impairment has denied admission to a hearing impaired child in Class I without any valid reason. The Rajkiya Madhyamik Badhir Vidyalaya (Delhi Government Secondary School for Hearing Impaired Children run by the Department of Social Welfare at Sector-4, Rohini, Delhi-85 has refused to grant admission to 8-year-old Master Vicky even after repeated requests of the child’s mother. It is submitted that Master Vicky s/o Mrs. Kiran Singh r/o N-123/5, T-HUTS, Lal Bagh, Azadpur, Delhi is suffering from hearing disability. As per the Hearing Disability Certificate dated 01.08.2007 issued by Ali Yavar Jung National Institute for the Hearing Handicapped, the child suffers from Profound Sensorineural Loss with pure tone average of 95 % dB in the better ear. It is submitted that from the past one month Mrs. Kiran, the mother of the child, has been asking the authorities of Rajkiya Madhyamik Badhir Vidyalaya to give admission to her ward in Class 1 in the said school owing to Master Vicky’s hearing disability, but the school authorities have been refusing to take him in their school. Even after repeated requests the school has not paid any heed to the child’s right to education. It is interesting to note that the said school is a special school, run by the Delhi Government for the children with hearing impairment.


One can imagine that if a special child has not been admitted in a special school run by the Government, then what will happen to the children with disabilities seeking admission in mainstream schools run by the educational departments of Delhi Government and the MCD. It is needless to say that as per the existing law and government policies, every child with disabilities is entitled to, as a matter of right, admission in the mainstream schools. Mrs. Kiran Singh thereafter approached Mr. Ashok Agarwal, who had a telephonic conversation with a teacher of the said school namely Mr. Bhupinder (as at that time the Principal was not available) and was assured that the child will be given admission. However, the child has still not been admitted by the school. Mrs Singh has lodged a written complaint with the undersigned, the copy of which is attached with this letter.


It is also submitted that Mrs Kiran was employed as an unskilled worker in a factory earning average wages of Rs. 2000/- per month. It is unfortunate that she has even lost her job because of the fact that for the last one month she has been toiling hard to get her child admitted to the said school. It is submitted that such arbitrary attitude of the school by denying admission to a disabled child is not only unconstitutional but also contrary to the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the UN Convention on the Rights of Persons with Disabilities (2008) read with the provisions of Article 14 (right to equality), Article 21 (right to life with dignity), and Article 21-A (right to education) of the Constitution of India as well as the UN Convention on the Rights of the Child (1989), Salamanca Statement (UNESCO, 1994) and the National Charter for Children, 2003. We request you to kindly take the necessary action in this regard as soon as possible and make sure that Master Vicky gets admission in the said school in Class I. The arbitrary act of the school should be taken seriously and the erring officials should be taken to task.

With regards
Ashok Agarwal, AdvocateAdvisor-
Social JuristM: 9811101923

DELHI GOVT SCHOOL-238 CLASS XI STUDENTS WITHOUT SINGLE PGT

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

Dear Sir,

We would like to draw your attention towards the problems being faced by the students of Government Co-Ed Senior Secondary School, Vasundhara Enclave, which have an adverse effect on the students’ right to a good holistic and studious environment in the school. We have been apprised by our volunteer at the Right to Education Task Force (RETF), under the aegis of Social Jurist- A Civil Rights Group, that there is an environment of utter confusion and chaos in the Government Co-Ed Senior Secondary School, Vasundhara Enclave because of the absence of required teachers at the school. It has further been apprised to us that though the school has 2007 students in all there are on 26 TGT teachers at the school. Out of the 2007 students 1769 students belong to classes VI to X while the rest 238 students are studying in class XI.


The distribution of students and the number of teachers is given in the table below for your perusal:

ClassNo. of StudentsNo. of Teachers that the school should provideNo. of Teachers presently available at the schoolNo. of teachers that the school lacks
Class VI to X176940 TGT2618 TGT
Class XI2387 PGT07 PGT


The above statistics amply indicate the scarcity of teachers at the said school which needs to be filled with immediate effects so that the students do not suffer academically. It is appalling to note that there are NO teachers for Class XI students because of which the students roam about in the school premises all day and are not being taught anything. It has further been informed to us that the Directorate of Education has already been notified of the said problem but no action has been taken till now. The situation has become even graver now that the quarterly examinations of the students have begun from 08.09.09. Such a laxity on the part of the management is tantamount to playing with the future of so many students, especially students studying in class XI at Co-Ed Senior Secondary School, Vasundhara Enclave.


It is interesting to note that it was only in the academic year 2009-2010 that the school started admitting students for Class XI. Thereafter 238 students were admitted for Class XI in the school. However, not even a single PGT teacher has been appointed in the school to teach these 238 students of Class XI. The few teachers that teach Class XI students are only M.A pass and are thus not qualified to teach class XI students. There is an urgent requirement of 7 PGT teachers in the school for class XI. The request letters of these students are being attached with this letter for your kind perusal. We request you to kindly look into the matter and make sure that these children do no miss on their studies and are admitted to schools with immediate effect.


I would also like to draw your attention to another problem being faced by the students of the said school. It has been observed that there is a severe problem of garbage disposal in the school. There is no provision in the school for daily garbage removal from the school because of which garbage remains dumped in the school premises for nearly 2-3 days which amounts to bad odor and smell in the school premises.


It is thereby requested that you kindly look into the matter and take necessary action in the above mentioned problems being faced by the students of Government Co-Ed Senior Secondary School, Vasundhara Enclave.


Thanking you

Yours faithfully,



(Ashok Agarwal)
Advocate
Advisor- Social Jurist
14.09.2009

STOP HUMILIATING EWS STUDENT-SJ TELLS SCHOOL

25.09.2009

To
Dr. Avtar Singh
Principal
Guru Harkishan Public School
Nanak Piao, Delhi


Dear Sir,

It has been brought to our notice that by the demand letter dated 25.09.2009 your school has informed the parents (M.9871241924) of Suchit Kumar, class V-C student of your school that the fees for the month of April to September 2009 in respect of Suchit Kumar has not been received till 24.09.09 and they are required to deposit fee immediately otherwise the name of Suchit would be struck off due to non payment of fees.


It is submitted that Suchit Kumar was admitted in your school in nursery class in 2004-05 under EWS quota and since then he has been study in your school and at present he is a student of class V-C. At the time of initially admission, the parents of Suchit Kumar had submitted their income certificate issued by the local SDM and on the strength that the admission was granted to Suchit Kumar under EWS category.


That since Master Suchit Kumar has been admitted in your school under EWS category, he is legally entitled to continue to have the benefit of EWS category till his completion of class 12 studies. Therefore, the aforesaid demand on your part for payment of fees in neither justified nor legal.


We are told that during the last week, at least on 3 days, the class teacher in the presence of entire class asked Suchit Kumar to tell his parents to pay the fees which has caused unwanted humiliation to the child. You will appreciate that the child must not be target in any circumstances. Such practice of humiliating the child must be stopped.

It is requested that you may kindly withdraw your demand letter dated 25.09.09 and allow Suchit Kumar to have the benefit of EWS quota.

With regards


Ashok Agarwal
Advocate
Advisor- Social Jurist
M. 9811101923

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.