To 

Sh. Amit Singla 

Director Education, govt. of NCT of Delhi 

Old secretariat Building 

Civil Lines Delhi-110054. 

MEMORANDUM FOR  MEETING DATED 11.05.2012 REGARDING IRREGULARITY IN EWS ADMISSION PROCESS IN MAX FORT SCHOOL SECTOR-23 ROHINI DELHI-85 

Respected sir, 

          we are thankful to you that you have given an opportunity to explain our concern and produce evidences which indicates the gross irregularity in the EWS admission process in the above mentioned school. The school notified the admission criteria and schedule along with number of vacant seats and informed the concerned Zone about the same. A true copy of the above said notification which we obtained under RTI information of District north west B is annexed as annexure A-1 where school had decided to allot 15 seats under EWS free-ship category and as per only return filed by the school is showing 120 enrolment in UKG and 249 enrolment in class-I  which is contrary to the section 4(b) of D.O.E. Admission order annexed here as annexure A-2. It is important to mention here that Hon'ble Delhi High court in W.P.(c) 8434 of 2011 passed an order dated 29.02.2012 and directed the DOE to take steps against alleged violation of DOE admission order and mentioned list of 10 schools . The copy of order dated 29.02.2012 is annexed here as annexure A-3 and the same was duly served to the office of DDE North West B FU block Pitampura along with the list of schools. we are aware that the section 4(b) of admission order was later amended on 28.02.2012 but the amendment has not any retrospective effect and as per schedule of admission submitted by school the first list was supposed to be declare on 1st of Feb and the school did not adhered the DOE circular in this regard and delayed the process deliberately and the schools can not be rewarded for their own wrong as it had decided to arrange the draw of lots on 27th of march 2012 even it has declared the first list for admission in general category at pre scheduled time and the ascent of section 4(I) of DOE admission order is very clear that both the list of general category and EWS must be declared in same list. As per amended section 4(b) is concerned it is submitted that the same can not be applicable for this school in next session also as the school deliberately failed to submit the annual return earlier and even did not admitted a single student under EWS category and Department was under impression that the school is not recognized and the return was submitted by school only in the year 2011 as the school wanted up gradation. It is important to mention that the school has no school ID and even the recognition file from zone is missing as the same has not been supplied under RTI information. It is respectfully submitted that all the above discussion makes it clear that school have to allot minimum 62 seats for EWS at entry level class which is 25% of enrolment in class-I, 

       The school authority has announce in their admission criteria the age as 3+ but now want to exclude children completed 4 years from draw of lots. It is important to mention here that the DOE admission order 2007 categorically mentions the lower age limit and mentions that there is no upper age limit and the same has been discussed in length by Hon'ble Delhi high court in W.P(C) No 4953  of 2010 titled as KUMARI UZMA BANO AND ANR.  versus Govt. of NCT of Delhi. The school authority wrongly interpreting the order passed by Hon'ble delhi high court in W.P. (c ) No. 1587   of 2011 as the case was completely different there as the school has announced the age in their admission criteria as 3 to 4 years. It is important to mention here that the DOE circular for admission in sarvodaya vidyalaya can not be applicable here to decide the age as the same is a administrative order by your office for limited purpose and it does not violates the right of student as the student is eligible for admission in higher class in same school but in present case if a student is excluded on the ground of upper age then he does not remains eligible for admission in upper class being EWS admission limited to entry level class. It is furthter submitted that in the admission process of Kendriya Vidyala age range of 2 yers are allowed for every class. 

       The school authority has organized the draw of lots on 27th of march 2012 which was nothing but mockery of RTE act and DOE circular where the new definition of neighborhood contrary of DOE circular dated ____________ and a order passed by a division bench of Delhi High court dated 31st January 2012. School notified 500 meter as their neighborhood and very few parents were picked and chosen by the school authority to call for the draw. The DOE observer also did not opposed this arbitrary, unjust and illigal act tantamount to the contempt of order passed by Hon'ble Delhi High court.dated 31st of January 2012. there is clear provision for recording the reason for rejection of application and duly communication to the parents but none of the parents within a readius of 1 K.M. whose name was not in the list was allowed to reach the DOE observer and having no option the agrived parents started peaceful dharna outside the school gate. Later the district authority cancilled the draw of lots and the same was rescheduled on 2nd april 2012 but did not succeeded as the school was not agree to arrange the draw of lots as per DOE guidelines. The school authority has used the police to drive away the pece loving parents on 9th of april and arranged draw of lots next day under impression to complete the formality of draw but in evening police also became aware with the conspiracy of school and released all the parents. next day again school tried to exclude the names of parents opposing the school authority and arrange a draw but the department intervened in the matter and the draw was postponed third time. it is important to mention here that as per circuler dated 16.12.2011 the school authority will inform the DAMC about vacancy latest by 4 P.M. of 6th of april and then DOE is competent to regulate the admission in the school. 

    Sir we believe it important to mention that the school is running at public land allotted at concessional rate and the school is under obligation to provide 25% freeship to EWS category as mentioned in Para 17 of allotment letter and additional 5% mentioned in Para 3 A of allotment letter. A copy of allotment letter is annexed here as annexure- A-           . It is important to mention here that  Hon'ble supreme court in civil appeal number   of 2004 category mentions the duty of your office to ensure the compliance of terms mentioned in allotment letter in addition to direction by Hon'ble Delhi high court in above mentioned PIL.  

     Therefore it is requested please to ensure transparent admission process as per DOE admission order 2011 by directing the school authority and district admission monitoring committee by arranging the draw of lots regulated by department of education. It is also requested to ensure that the declared seats must be minimum 62 in compliance of section 4(b) of DOE admission order before amendment. It is further requested to pass appropriate direction to include 4+ children in draw of lots. It is further requested to initiate an enquiry against the harassment by school auhority to the parents and initiate appropriate proceedings against school management for violating terms of allotment of land, terms of recognization of school and violation of RTE act 2009. 

With Regards