Recd from Ashok Agarwal
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From: "Ashok" <socialjur@xxxxxxxxxxxxxxxx>
Subject: Imp. HC Order dt. 09.07.2004-Public Schools
Date: Sat, 31 Jul 2004 15:33:23 +0530
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P. (C) NO. 3156 OF 2002
(PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:
Social Jurist ..Petitioner
Versus
Govt. Of N.C.T. Of Delhi & Ors. ..Respondents
ORDER
09.07.2004
Present: Mr. Ashok Agarwal for the Petitioner
Ms. Avnish Ahlawat for the Respondent.
Ms. Varsha Goyal for the Respondent No. 3
On 20.01.2004, the writ petition was disposed of by giving various directions so as to see that the schools which are allotted plots at concessional rates comply with the condition of providing free education. Surprisingly, although the order is of 20.01.2004, it appears that the Government has come out with a case that the order order is to be implemented or will be effective from 01.05.2004. As a matter of fact, after the judgment was pronounced, it was the obligation of all the schools concerned to strictly adhere to the norms on which plots were allotted at concessional rates for the purpose of erecting school buildings and for running the schools thereafter. Therefore, the Government shall place an explanation before the Court as to how it has stated that the order will be effective from 01.05.2004.
2. It is contended by Mr. Aggarwal, the learned counsel for the petitioner, that the unaided primary schools recognized by the MCD are not referred to in the compliance report filed by the education department. It is for the land owing agencies to convey to the Court as to which educational institutions were allotted plots at concessional rates with the condition to provide freeship to students from weaker sections. It may be noted that the DDA, MCD and L&DO are parties before the Court. With a view to see that the order is complied with in it letter and spirit, they must point out to the Court as to what action has been taken against the erring schools and disclose the names of such schools which are required to be dealt with strictly. They must give adequate publicity in the newspapers so that members of the public residing in Delhi may know that these are the schools where students are entitled to get freeship or are required to be provided education without payment of fees. The Government should see that it is not only widely published by advertisement in the newspapers, but in each school where such facilities are to be provided, the Government must insist that a notice is put up prominently in the notice board indicating the obligation of the school.
3. A complaint is made by the learned advocate that after the order was passed by the Court, many students belonging to weaker sections went with their parents for admission but were denied the same. It is the duty of the respondents and particularly of the Education Department to convey the figures of admission given this year giving details about the number of student who were given admission of account of the obligation to be carried out by the schools. This exercise shall be completed within a period of six weeks. The Education Department and the Government shall remind the schools of their obligations.
4. List the matter for compliance on 08.09.2004. By that date separate compliance reports be filed by the DDA, MCD, L&DO and also by the Education Department.
Sd/-
CHIEF JUSTICE
Sd/-
BADAR DURREZ AHMED,J
July 09, 2004
sd
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Attachment:
Order 09.07.2004.doc
Description: MS-Word document