[eebill] Contempt Notice-DC office occupied MCD School (Social Jurist)

Also news report, at: http://www.hindu.com/2005/01/22/stories/2005012214490300.htm




From: "Ashok" <[email protected]>
Date: Sat, 22 Jan 2005 12:49:36 +0530

SOCIAL JURIST

A LAWYERS GROUP

478-479, Lawyers Chamber, Western Wing,

Tis Hazari Courts, Delhi-110054

Phone : 23910014, Fax : 23986541

[email protected]

Website:www.socialjurist.com



21.01.2005



To,

The Commissioner,

Municipal Corporation of Delhi,

Town Hall, Chandni Chowk,

Delhi-110006.



Dear Sir,



It is brought to your notice that the entire school premises of MCD Boys School, Bowana has been occupied by the office of the Deputy Commissioner (MCD) since 1st January 2005 and all the 700 students studying in the said have been shifted to other schools to the disadvantage of these students and in contempt of High Court Orders. The MCD Primary Girls School, Bowana (old) has been converted into double shift school from 01.01.2005 and 100 girls who were studying in MCD Primary Boys School, Bowana have been shifted to the 2nd shift of MCD Primary Girls School, Bowana (old). This is the only case where the girl students have been forced to study in the 2nd shift. There is no other MCD school where girl students study in 2nd shift. This move of the MCD has been strongly opposed by the parents of these girl students. The students of six sections of MCD Primary Boys School, Bowana have been shifted to MCD Primary School, Ishwar Colony, Bowana which is 1 km. from the site of their earlier school. Why this school has been virtually closed when there is need of more schools to be opened?



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 Eduction 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 now the Deputy Commissioner Office of MCD has been allowed to function from the premises of MCD Boys School, Bowana and the children studying therein were arbitrarily shifted to other schools. This action on your part goes against the letter and spirit of the aforementioned orders of the Hon'ble High Court and tentamounts to contempt of the High Court which attract penal action against you.



It is, therefore, demanded that the Deputy Commissioner office should be removed immediately from the premises of the MCD Primary Boys School, Bowana and all the students shifted therefrom should be brought back to the school and the school should be used only 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




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