The Delhi High Court today ordered that all unaided private schools which start from the pre-school/nursery level shall admit students belonging to disadvantaged Group & Economically Weaker Section to the extent of 25% in Pre-School and in addition they will also admit 25% of additional admission made at the Pre-Primary/KG level and in Class I. The court further held that all unaided private schools starting from pre-primary/KG level shall admit students upto 25% in pre-primary and in addition they will also admit 25% of additional admission made at Class I level. For such schools starting from Class I, the Court ruled that there shall be a reservation of 25% for Economically Weaker Section/Disadvantaged Group in Class I.
While disposing off a petition filed by Social Jurist, through advocate Ashok Agarwal and Khagesh Jha, a division bench comprising the Acting Chief Justice, Justice A K Sikri and Justice Rajiv Sahai Endlaw ruled that in all unaided private schools which start from the pre-primary level, 25% of the total seats will be reserved for EWS/DG students in pre-primary and Class I level.
Placing reliance on a Supreme Court judgment dated 12.04.2012 which had upheld the constitutional validity of the Right of Children to Free and Compulsory Education Act 2009, the court has repeated its earlier order specifying the deadline for special drive by DOE to admit students against all EWS/DG vacant seats by 30.06.2012 in the academic session 2012-13.
Ashok Agarwal, Advocate
23 May 2012
IN THE HIGH COURT OF DELHI AT NEW DELHI
C.M. NO.______ OF 2011
W.P. (CIVIL) No. 8434/2011
(Public Interest Litigation)
IN THE MATTER OF:
Social Jurist, A Civil Rights Group …… Petitioner
Govt. of NCT of Delhi …… Respondent
APPLICATION ON BEHALF OF THE PETITIONER
UNDER SECTION 151 OF CPC FOR DIRECTIONS
MOST RESPECTFULLY SHOWETH:
1. That the respondent filed an status report on 09.05.2012 in this Hon’ble Court where it has been mentioned that they have sent a letter for clarification to the Ministry of Human Resource Development to clarify that whether EWS /DG admission is applicable in classes other then the class which is starting class in the school in such a case where school starts from pre school (3+) or pre primary (4+) classes and whether it is 25% of strength of class or 25% of new admission in the class.
2. The petitioner submits that the DOE has now issued an order dated 18.05.2012 wherein amongst others it has stated that the vacancies in respect of other classes of schools where the entry class starts from pre school and pre primary, will be displayed on receipt of clarification from Ministry of Human Resource Development, Government of India.
A copy of the said order dated 18.05.2012 is enclosed hereto as Annexure A-1.
3. The petitioner submits that the issues raised by the respondent in the status report dated 09.05.2012 may either be clarified by this Hon’ble Court or in alternative, the HRD Ministry be directed to clarify the issues immediately so that the admission process may be completed by the end of the June 2012 as directed by this Hon’ble Court in the orders dated 09.05.2012. It is respectfully submitted that if the same is not done, the admission process is bound to delayed or defeated.
It is, therefore, prayed that this Hon’ble Court may be pleased to clarify the issues raised by the respondent or in alternative, direct the HRD Ministry to clarify the same immediately.
Ashok Agarwal & Khagesh B. Jha
Advocates for the Petitioner
483, Block-II, Lawyers Chambers,
Delhi High Court, New Delhi – 110003
Ph: 23384000, Mob-9811101923
ALL INDIA PARENTS ASSOCIATION (AIPA)
AGARWAL BHAWAN, G.T.ROAD, TIS HAZARI, DELHI-110054
Shri Kamal Nath
Hon’ble Urban Development Minister
Government of India
New Delhi – 110001
08 May 2012
Subject – Need to have a uniform policy to allow children of the locality after school hours to use playground of all the unaided private schools built on public land
We wholeheartedly support the proposal of the Union Sports Minister Shri Ajay Maken to you to allow children of the locality after school hours to use playground of all the unaided private schools built on public land.
It is submitted that at present there are as many as 394 identified unaided private schools to which public land on concession rates has been allotted by DDA or L & DO. Most of these schools to which public land was allotted during 1960’s and 80’s, one-third of the total land was apportioned for playground on payment of Re. 1 per annum as rent. In 1990’s, the land allotted for playground was fixed after the payment of nominal ground rent at Rs. 5000+120% enhanced per acre per annum. The land allotted for the playground was required to be used for playfield only and no structure of any kind over it was permissible.
The concern, we wish to share, is that though public land was allotted to hundreds of societies for construction of schools but only in some cases, the letter of allotment contains a clause that the land meant for playfield would be allowed to be used in non-school hours by local children and the entry to the field would be from outside and not from inside the school.
We are enclosing hereto copies of allotment letters of as many as five societies to whom land was allocated for construction of schools with a condition that they would permit children of the locality to use the playfields of the schools after school hours. The names of such societies are:
1) St. Lawrence Education Society, Sector-C, Pkt.-8, Vasant Kunj, New Delhi - 110057
2) S. Kirpal Education Society, ½, Jai Dev Park, New Delhi - 110026
3) Prince Public School Society, Budh Vihar, Delhi - 110041
4) Titiksha Academic Society, 122/18, Bhola Nath Gali, West Ghonda, Delhi - 110053
5) Shiv Shakti Educational Society, B-1193, Mongolpuri, Delhi - 110083
The allotment letters of all these societies contain the identical clause which is reproduced as under:
“6.(A) The land meant for play field would be allowed to be used in non-school hours by the local children.
(B) The entry to the field would be from outside and not from inside the school.”
The sorry state of affairs is that such benevolent and child friendly stipulation does not appear in the letters of allotments to all the societies/schools. Therefore, there is a need to have a uniform policy for the schools in this regard; to incorporate this condition in all cases of the allotments of public land to societies/schools. It is needless to say that right to play is a fundamental right of every child.
We, therefore, hope that you will personally look into this matter on urgent basis and ensure that such condition is not only incorporated in all the letters of allotments but is also implemented in its true letter and spirit to safeguard the rights of the children.
Ashok Agarwal, Advocate
President, All India Parents Association
All India Parents Association (AIPA) desires to have its chapters in all the Districts of the Country. The fundamental agenda is: (1) up gradation of all government schools all over the country to the level of Kendriya Vidyalaya (Central School) and (2) enactment of Central Law to regulate school fee in all the unaided Private schools all over the country + minimum 50% representation of the parents in the managing committee of such schools. Those who are interested in the issues and wish to open a chapter of AIPA in the District are requested to write to firstname.lastname@example.org or email@example.com and sms to 9811101923
Ashok Agarwal, Advocate
National President, AIPA