Re: [mpisgmedia] Quota in education / intervention application in SJ pil

my intervention was allowed. despite mr agarwal
(social jurist) and ms ahlawat (gnctd counsel, also in
the mpisg petitions) and mr sabharwal (counsel for
dda, also in the mpisg matters) making remarks
amounting to *resisting*. mr agarwal said I was trying
to get the order of 20/01/04 modified (not accurate)
and DB had dismissed that (without clarifying not me).
ms ahlawat told the court that I had told her I was
against free-seats. mr sabharwal submitted the master
plan is irrelevant.

the much celebrated free-seats pil, being celebrated
in name of common school system and what not, is down
to wanting to hound 294 schools as per list filed by

ms ahlawat submitted she has given copies of The List
to the petitioner and to dda and others can take a
copy from her chamber, and that it was drawn up
jointly by dda and l&do and gnctd, and is of those out
of 1140 school sites allotted by DDA or L&DO that have
freeship condition in their leases (193 with and 101
without the quantum specified). about the other 846
school sites allotted by DDA, mr sabharwal submitted
they are nursery or primary school sites that allotted
to mcd (which is ludicrous; most of those are the ones
on which gnctd has issued illegal upgradation
permissions, as per dda affidavit of 26/10/04, with
reference to which mr sabarwal himself had vehemently
urged that gnctd be directed to explain before order
of 27/10/04 was passed without that). counsel
appearing for the action committee for unaided schools
(which had also filed an intervention application in
view of its petition pending before the single judge,
in which mpisg has filed intervention and to whose
counsel and ms ahlawat I had given copy of that for
consideration of our lawful suggestions after being
asked to do so by J Gita Mittal on 16/05/05 after ms
ahalawat had submitted that the afternoon-school idea
that action-committee had proposed to chief minister
had been rejected after the consideration urged in
court by mr gopal subramaniam, appearing for
action-committee on 05/05/05) mainly pressed for
consideration of the afternoon school option.

the officials (dda vc, education director and someone
from L&DO) were present. contrary to the impression
conveyed by news reports about the hearing on
18/08/05, the court made it clear that they had been
called not for directions but about assisting the
court. meetings between authorities and schools, with
mr agarwal and myself, were proposed by the bench (but
I do not know if the order says that for me, mr
agarwal specifically asked for himself while the order
was being dictated). mr madhukar gupta, who is moving
on to be secretary fertilisers, made some
seminar-style remarks to the effect that dda looked
forward to norms being set by the court. the official
from L&DO mercifully pointed out that besides the 294
schools other sites were also relevant, but the
lawyers started saying other things. (later I also
pointed out that the list of 294 was odd, but I was
out-shouted, with the remarks amounting to

I was without lawyer today and did not follow some of
the technicalities. since the counsel present did not
seem very friendly, I asked the court master
afterwards for clarifications. he confirmed that my
intervention was allowed (meaning I will be allowed to
make submissions at time of arguments before orders
are passed) and that I could join the proposed
meetings (which I dont expect to come to know about)
and that no date for next hearing was given and might
be given after lunch (I did not wait since I expect
newspapers will report it tomorrow and the web will,
too, before next date of hearing).

I am planning to call a meeting of the petitioners in
the mpisg matter on Sunday. Any suggestions will be

--- Gita Dewan Verma <[email protected]> wrote:

> I have filed an application for intervention in
> Social
> Jurist free-seats PIL in which further directions
> were
> given on 18/08/05, with purpose of ensuring that
> order
> of 27/10/04 (in mpisg matters) is read with its
> order
> of 20/01/04.
> 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.
> I find resonance in Supreme Court remarks about
> quota
> in colleges. It has been asking for law to allow
> quota
> and political/ngo activists are criticising its
> latest
> verdict against quota for, I suppose, rudely
> reminding
> them the ball is still in their court. High Court
> order of 20/01/04 had asked GNCTD to make Rules
> (legislative task, to operationalise existing law)
> for
> integrating 25% EWS in schools, instead of which it
> issued a directive for 20% BPL quota that they have
> all been celebrating (and demanding in name of CSS
> in
> education Bill) and even after it has proved to be
> illusory not asking for the Rules that never got
> made.
> And Attorney General and Additional Solicitor
> General,
> who were reportedly at pains to explain to a livid
> Supreme Court, have both featured also in the school
> matters in Delhi.
> The politics v/s law debate is very uninspiring.
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  • Re: [mpisgmedia] Quota in education / intervention application in SJ pil
    • From: sarbajit roy
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    [mpisgmedia] Quota in education / intervention application in SJ pil, Gita Dewan Verma
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