[eebill] FW: Poor quota case...[SJ contemplating intervention]

Looks like reserve-price is down from 25%EWS as part of DMP scheme under central DDAct to NDA Bill's 20%BPL under Del Edu Deptt directive, possibly not allowed by Delhi Edu Act.
GNCTD illegal permissions more than schools or DDA are to blame. with PM having ordered Bill, UPA HRD having made clear in early days it is inclined to stay with NDA Bill and Dikshit, HRLN in to these civ-soc Bill meetings, etc, SJ leaning to GNCTD in schools v/s GNCTD says all.
social-enactments is which laws? does the url to the gnctd affidavit return anyone the affidavit?


From: "Ashok" <[email protected]>
Subject: Poor quota case-delhi govt counter to public schools
Date: Tue, 15 Feb 2005 15:16:19 +0530

Dear Friend,



This is to bring to your notice that almost all the public schools of Delhi have filed writ petitions in Delhi High Court challenging Delhi Government Order dated 27.04.2004 requiring all private recognized unaided schools in Delhi to grant 20% freeships to the children belonging to weaker sections of the society i.e. whose parents have a monthly income up to Rs. 4000/- on the alleged grounds that the same is without jurisdiction, arbitrary, violative of article 14 & 21 of the Constitution of India, principle of natural justice, fair play, reasonableness and also the provisions of Section 17(3) read with 24(3) of Delhi School Education Act, 1973. The public schools have also challenged the term of allotment letter issued by DDA/L&DO requiring the unaided private schools in Delhi to admit certain percentage of students on freeships on the alleged grounds that the said is violative of provisions of Rule 158 of Delhi School Education Rules, 1973 and Article 14 & 21 of the Constitution of India, principles of reasonableness, fair play as well as Section 23 of the Contract Act.



The Government of Delhi on 04.02.2005 have filed their counter affidavit in the High Court (Geeta Mittal J.) in opposition to the writ petitions filed on behalf of the public schools stating that the Order dated 27.04.2004 has been passed by the Government after due deliberations at various levels considering social enactments. The decision was taken to provide 20% freeship by all the schools irrespective of the fact whether they got land at concessional rates or not. Reference is also made to the writ petition WP(C) 3156/2002 Socail Jurist vs. Govt. of NCT of Delhi filed before Delhi High Court wherein various provisions of the Constitution was discussed making it obligatory on the State to provide free education to the children up to the age of 14, the fundamental rights of the citizens, the duties of citizens which include to cherish and follow the noble ideas which inspired our national struggle for freedom and to strive towards excellence in all spheres of individual and collective activity so that the nation should rise to higher levels of endeavour and achievements. The provisions of Universal Declaration of Human Rights, 1948 and Convention on the Rights of the Child, 1989 were also quoted in the writ petition.



The Social Jurist is contemplating to file an application before the High Court seeking leave to intervene to oppose the writ petitions filed on behalf of the public schools. Next date of hearing in these writ petitions is 04.03.2005.



Details of the matter is available on the website of Social Jurist ( www.socialjurist.com ) in education column or click / copy to the link below:

http://www.socialjurist.locatorbiz.com/edu_pil_reservationorder.html

[For order of Delhi Government]

http://www.socialjurist.locatorbiz.com/edu_pil_reservationaffidavit.html

[For the affidavit filed by Delhi Government on 04.02.2005 in Delhi high Court opposing the petitions filed by the public schools]



With Regards,



Ashok Agarwal,

Advocate,

Advisor, Social Jurist.

M - 9811101923


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