[eebill] schools quota case (hearing on 13/09/05)

In Social Jurist case directions were given today for
notices to schools providing less than 10% free seats,
meeting convened by Chief Secy presided by CM to agree
a solution for the current year and re shifting
petitions to DB and in LPA filed by GNCTD against the
stay on its directive, etc. (Reference to my
intervention and DB order of 27/10/04 was also made in
the order).

Notices are to be issued to schools on basis of 3
defaulter-lists filed by GNCTD. Counsel for schools /
Action Committee mentioned stay granted to DPS, which
it would cite in reply to show cause notice. I
recalled later that the stay had been extended to all
schools on 15 April.
http://mail.architexturez.net/pipermail/mpisgmedia/2005-April/000312.html
Curiously no one else mentioned that.

Meeting with CM was suggested, before lunch, by Action
Committee counsel wrt DPS (afternoon school) proposal.
GNCTD and DDA counsel suggested meeting with
officials. Ashok Agarwal suggested court direction. I
submitted that any meeting needed to be at level of LG
as administrator of both Acts and that this had
already come up before J Gita Mittal who had also
impleaded Central Govt.
http://mail.architexturez.net/pipermail/mpisgmedia/2005-May/000339.html
That was the point at which the court rose for lunch.

During lunch counsel were to identify in GNCTD
defaulter-list schools that had filed writ petitions.
I asked if I could see a copy, but counsel were
preoccupied. After lunch, however, counsel for schools
raised the point about order for 25%, directive for
20% and leases with variable %. Agarwal said % was 20
in terms of DB order (for 25%). GNCTD and DDA counsel
then suggested directions against worst default and
Action Committee counsel agreed that would send a
message. First 5% was suggested, but it was noticed
that last-in had 4.98%. Then 10% was suggested. Being
opposed to cut-offs I stood up a few times, but
reminded myself I was in court, all were agreeing and
my case in any case is against any %. Afterwards, I
mentioned DDA-issued notices requiring action by
subsequent DB order, was asked to show order and did
(also read relevant part). Lordship said to others it
was different matter but, after having said all they
had just said about defaulters, all counsel mildly
said let-her-be. And the order began to be dictated,
starting with something about DB order of 27/10/04 in
MPISG PIL.

Public Notice re notices to schools will appear in the
press soon. Meeting presided by CM has to happen in 10
days. The matter is next listed for 28/09/04.

There were two light-hearted exchanges. When details
of notice were being decided, Action Committee counsel
said electronic media would help inform, like every
time at instance of the Petitioner. When another
counsel for schools was pressing for inclusion in
meeting (court was inclined that all schools represent
themselves through Action Committee, but accommodated
request of the other counsel and also of Ashok
Agarwal), a remark was made about closeness of both
requesting counsel to CM. Action Committee counsel
asked for withdrawal of its and maybe its members writ
petitions from the single judge bench, which the Court
was otherwise intending to see about at next hearing.
(Those matters were last heard on 18/08/05, and listed
for 27/09/05).



--- on 10/09/05
--- Gita Dewan Verma <mpisgplanner@xxxxxxxxx> wrote:

> Court seeks advice on uniform policy
> Tanu Sharma
> New Delhi, September 9: THE Delhi High Court today
> sought assistance from educational experts to draw
> guidelines for admission into nursery.
> Taking up a petition, a bench of acting Chief
> Justice
> B.A. Khan and Justice Madan Lokur directed the
> parties, including the Union Ministry of Human
> Resource and Development, to suggest names of
> experts.
>
>
http://cities.expressindia.com/fullstory.php?newsid=147927
> --- ---
>
> the social jurist appeal matter seems to have found
> its way to the same bench as its quota case, but
> parties obviously prefer not to connect the elements
> of neighbourhood school plan just as they prefer not
> to connect nsp to the common-school-system that they
> have made slogan. understandably so, nsp gives
> centre-stage to student-parent communities and
> schools
>
> --- ---
> (btw, I hear there was day-long meet on the quota
> business at NCERT some days ago at which there were
> schools and Ashok Agarwal and Anil Sadgopal and
> after
> Ashokji left Anilji criticised the PIL *against*
> schools and suggested a PIL by schools *against*
> government!
>
> to complete circle of chaos, can govt file PIL
> *against* education-expert-activists? and does
> learning-centre business looks promising (like
> constable jobs - AsianAge reported today that for
> 2000
> constable posts Delhi Police has received over 2
> lakh
> applications and aspirants include large numbers of
> professionals like lawyers and engineers)? and if
> professionals are aspiring to be constables (or
> learning-centre entrepreneurs), what is the big deal
> about school education or GATS revised offer opening
> up lawyer, engineer, etc, services?
>
> and why did Tony Blair announces £10 million for
> exchange programmes?
>
http://www.hindu.com/2005/09/09/stories/2005090914761500.htm
>
> and why did Cherie Blair visit Mothers International
> school?
>
http://www.hindu.com/2005/09/09/stories/2005090903921300.htm
>
> and what opportunity-for-students was being
> showcased
> at Education-India-and-Beyond-2005?
>
http://www.hindu.com/2005/09/09/stories/2005090908410200.htm
>
> and why would Indian Institute of Planning and
> Management be sponsoring free laptops for all its
> students?
>
http://www.hindu.com/2005/09/09/stories/2005090913680400.htm
>
> and what did Cherie Blair wear for her visit to
> Delhi
> High Court?
>
http://www.hindu.com/2005/09/09/stories/2005090903911300.htm
>
>
>
>
>
>
> --- Gita Dewan Verma <mpisgplanner@xxxxxxxxx> wrote:
>
> > was the free-seats matter heard on 02/09/05?
> >
> > ---Express Newsline reported on 05/09/05:
> > ...Private schools told to explain by September 9
> > why
> > they haven?t reserved 25 pc seats for poor...
> Taking
> > strong note of the dilly-dallying by the private
> > schools, acting Chief Justice B.A. Khan and
> Justice
> > Madan B.Lokur in a stern direction on September 2,
> > asked them to respond why orders issued as early
> as
> > January 20, 2004, to keep a fixed number of seats
> > reserved for the poor, have not been complied
> > with...
> >
>
http://cities.expressindia.com/fullstory.php?newsid=147118
> >
> > ---order of 25/08/05 on web, however, says:
> > O R D E R
> > 25.08.2005
> > CM Nos.10352/2005 and 10403/2005
> > The applications are allowed to the extent that
> the
> > would be heard in this case, whenever necessary.
> > W.P.(C) 3156/2002
> > Vice Chairman, DDA, Director of Education, and
> Land
> > and Development Officer are present. Ms. Ahlawat,
> > learned counsel for Director of Education has
> > submitted an affidavit accompanied by three charts
> > showing the position of compliance or default by
> > various unaided but recognised schools to whom
> land
> > was allotted by DDA and LandDO at concessional
> > rates.
> > A copy of this affidavit and the attached charts
> be
> > supplied to all concerned parties through their
> > counsel who are required to obtain these copies
> from
> > the chamber of Ms.Ahlawat. Ms.Ahlawat is also
> > required
> > to submit a list of defaulters who have not
> complied
> > with the stipulation of the lease deeds or
> allotment
> > letters, with a copy to Mr.Rakesh Khanna, advocate
> > or
> > any other counsel representing these defaulters
> who
> > are requiredto file their reply within one week.
> It
> > shall, meanwhile, be open to the Action Committee
> of
> > the schools to hold any meeting with the DDA Vice
> > Chairman, Director of Education, LandDO and
> Mr.Ashok
> > Agarwal, advocate for exploring a via media for
> > compliance of the order passed by this Court. All
> > the
> > connected writ petitions pending before the Writ
> > Court
> > and filed by members of the Action Committee be
> sent
> > to this Court on the next date.
> > List on 13.9.2005.
> > ACTING CHIEF JUSTICE
> > MADAN B. LOKUR, JAUGUST 25, 2005ga
> > ----
> >
> >
> > my application, CM No 10352/2005, is at:
> > http://plan.architexturez.net/site/mpisg/f/050823
> >
> > > My contention is that free-seats condition is an
> > > instrumentality of DMP-2001 Neighbourhood School
> > > Plan
> > > (NSP itself being instrumentality for common
> > school
> > > system as proposed by Kothari Commission). Order
> > of
> > > 20/01/04 did not contain directions for action
> > > against
> > > ubiquitous violation of free-seats condition by
> > > schools but for GNCTD to, in effect, put in
> place
> > > the
> > > enabling NSP for its compliance. Order of
> 27/10/04
> > > directs action against violations impeding NSP
> and
> > > specifically notes also violations by GNCTD. As
> > > such,
> > > it complements Order of 20/01/04 and favours a
> > > different approach for its compliance than the
> one
> > > being pursued in its name since early 2004 and
> > being
> > > urged again now.
> >
> > all parties to whom it is open to explore a via
> > media
> > for compliance are aware of this option. maybe
> some
> > school will explore it now.
> >
> >
> >
> >
> >
>
______________________________________________________
> > Click here to donate to the Hurricane Katrina
> relief
> > effort.
> > http://store.yahoo.com/redcross-donate3/
> > _______________________________________________
> > eebill mailing list
> > eebill@xxxxxxxxxxxxxxxxx
> >
>
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> >
>
>
=== message truncated ===




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[eebill] A court-appointed committee for nursery admissions now!!, Gita Dewan Verma
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