RE: Campaign-Implement High Court Order

Dear Ashok ji,
I appreciate your enthusiasm about order of 20.01.04, but please do consider that it is beyond jurisdiction of Delhi Govt to frame rules under DD Act (from which free seat conditions flow). And, where, for example, will Hastsaal children avail free seats in CSS is a question we would do well to consider since our children are entitled under law not to just free seats but to holistic CSS in Delhi.
I fear further court orders that disconnect free seats from CSS, besides from the law from which both flow, will obfuscate matters to advantage of those unwilling to implement CSS. As you are aware, we have a matter in High Court seeking implementation of CSS under DD Act. There have been developments in that, both inside and outside court, and I will post information about them as soon as I am able to (being currently very preoccupied with Pushta).
Best regards, Gita



From: "Ashok" <[email protected]>
To: "Hind Mazdoor Sabha HQ" <[email protected]>, "Gurcharan Das" <[email protected]>, "GOOGLE" <[email protected]>, "Gita Diwan Verma TownPlanner" <[email protected]>, "Ghanshyam JUDAV" <[email protected]>
Subject: Campaign-Implement High Court Order
Date: Mon, 5 Apr 2004 17:48:20 +0530

Dear Friend,



You are aware of the fact that Delhi High Court by Order dated 20.01.2004 in a PIL filed by Social Jurist held "thus, it is very clear that 25% of the students belonging to poor sections are entitled to get admission and free ship in such schools. However, it would be for the Directorate of Education to investigate the matter and to point out to the DDA wherever a breach is committed. If there are no rules for admission framed in this regard, it would be for the Directorate of Education to see that the rules are framed so that the weaker sections of the society may not suffer. It is hoped that within a period of four months this exercise shall be carried out and, after the DDA is informed, it will be the duty of the DDA to take appropriate action against any school committing breach of the condition. A compliance report be filed by the Directorate of Education after four months. With these directions, the petition stands disposed of."



It is unfortunate that Government of Delhi till date has not published the names and addresses of unaided recognized private schools which are under obligation to provide admission and free ship to the extend of 25% to the children of weaker sections of society. The Government has also not so far framed the rules prescribing minimum percentage of integration in those schools where land has been given on concessional rates but no specific percentage is mentioned in the letter of land allotment. In the absence of names and addresses of schools, it is not possible for the children/parents who wish to take the benefits of the order of the Court, to apply for admission/freeship.



The intention of Government to not to implement the Order of the High Court in its true letters and spirits is very clear. In this situation, it is very important to create public pressure on the Government to ensure that eligible children get benefit of the High Court Order in the current academic session itself.



In order to create pressure on the Government, the Social Jurist alongwith so many other interested activists/organizations have started campaign to get forms of admission filled up from the children/parents belonging to weaker sections of society. In a single attempt on 4th April 2004, we were able to get more then 250 admission forms filled up from Hastsaal J.J. Resettlement Colony, Vikaspuri, New Delhi. In this campaign, we very much need your help and we are sure that you will extend full co-operation to make it a great success.



A performa admission form is attached hereto and we are request you to please get more and more admission forms filled up from the children/parents of weaker sections of society by involving more and more activists/interested persons in this campaign. A copy of letter dated 5.4.2004 sent to the Education Minister of Delhi and the Director of Education is also attached.



The collection of these forms which we expect to be not less than 10,000 in numbers would also become a part of the petition to be filed before the High Court in the next week of this month seeking directions against the Government of Delhi to publish immediately the names and addresses of the schools in both Hindi and English newspaper who are under obligations to provide admission/freeship to the children belonging to the weaker sections of society. We also request you to give your suggestions as to what more could be done to get the High Court Order implemented.

With regards,

ASHOK AGARWAL,

ADVOCATE

M. 9811101923

Dated-05.04.2004



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