NEW DISCOVERY TO DEFEAT PROVISION OF EWS UNDER RTE AND HIGH COURT ORDER

Undertaking presidium Ashok Vihar

Undertaking Ryan International Rohini

                                        UNDERTAKING OBTAINED UNDER RTI ACT SHOWS SUDDEN DROP IN NUMBER OF SEATS FOR CLASSES KG AND CLASS I RECENTLY COVERED UNDER RTE FOR THE PURPOSE OF E.W.S. AFTER RECENT SUPREME COURT JUDGEMENT AND D.H.C. ORDER.
          Two undertakings mentioned here is a sample of hundreds of undertaking we obtained under RTI Act 2005 form directorate of education which reveals the real picture of recent E.W.S. drive started by DOE. Earlier schools had reduced the seats at entry level class to defeat the provisions of EWS/D.G admission under RTE Act 2009. Social jurist moved Delhi high court for direction to protect the provision in favor of downtrodden group of society. High court strongly pulled the DOE which has later issued show cause notice to almost 70% of recognized unaided private school and assured the petitioner and court to take appropriate measures for compliance of clause 4(b) of DOE circular which mentioned earlier that the total enrollment in entry level class will not be less the highest enrollment of any other class in the school. when court pulled the DOE about their inefficiency towards compliance of their own circular then instead of taking any action against erring schools DOE came with amendment in circular on 28.02.2012 mentioning total enrollment in entry level class will not be less then the highest enrollment of last three year in entry level class only. This amendment came to protect the malafide of the unaided school as DOE was well aware that this practice of reducing seat started in 2007 when effective EWS started through an order in social jurist P.I.L hence last 3 year was safe side for school as the device was continues for last 4 years.The amendment is vague as it makes the violation for three year legal.It will encourage the school for violation of provision for three continues year then automatically it will create legal right in favor of violator.
     The nexus of strong school lobby, DOE and our Govt. of NCT of Delhi succeed to make all the arrangements to defeat the entire provision of EWS admission but a new development taken place by the interpretation of RTE ACT by supreme court in W.P.(c) 95 of 2010 where society for unaided schools of Rajsthan challenged the validity of act where supreme court not only uphold the validity but interpreted the section 12(a) (c) and held that the EWS admission is in class-I and also in pre school if run by school . This interpretation changed the entire provision settled in favor of schools through DOE and we demanded DOE for notification for clarification in the light of supreme court judgement. The DOE requested clarification from Ministry of H.R.D. Govt. of India which was unwarranted and only for the purpose of passing over the bucks to some other agency with intention to delay the process for current session where Delhi High court had already directed DOE to ensure the admission up to 30th of June 2012. SOCIAL JURIST moved an application in above mentioned writ petition W.P(c) 8434 of 2011 and High court settled the issue with remark that the clarification was unwarranted and issued guideline where EWS admission is allowed up to class I and it has been also mentioned that these guidelines are in consonance with Supreme court judgement. It had been directed to DOE to complete the entire process before 30th of June and DOE asked for undertaking from schools about the seats they have in classes up to class-I. The entire process has been politicized by publishing full page advertisements in several newspaper. seats at entry level was also published but the powerful school lobby approached their political godfathers and DOE issued a new guideline for undertaking where new column about new admission was made and later it has been advertised that earlier advertisement which was based on undertaking from school and Education officer was wrong and new seats has been declared which neither considers 4(b) before amendment nor after amendment. In HC order it had been mentioned that increase in number of seats will not be permissible after entry level class but schools are rapidly admitting students in class-2 and above classes which is out of domain of RTE for the purpose of RTE.

Khagesh B. Jha, Adv.
Mob- 8826456565
email- attorney.supremecourt@gmail.com

DEVICE FOR FEE HIKE IN UNAIDED PRIVATE SCHOOL

           DEVICE FOR FEE HIKE IN UNAIDED PRIVATE SCHOOL ( RTI DISCLOSURE) :- Now a days unaided private schools are trying to create the doubt in the mind of fee paying parents that they have to increase the fee as RTE has burdened them some extra expenditure and revenue has been decreased due to E.W.S/D.G. clause in the RTE Act 2009 but the above two undertaking exposes the greedy school management and reveals the reason for increased fee schools are collecting from the innocent fee paying parents. These two sample documents in the blog is related with RYAN INTERNATIONAL SCHOOL SECTOR 25 ROHINI and similar to hundred of  school running in Delhi. First document is a page from annual return of the school for the year 2011 which mentions the school starts from class-I and having 43 enrollment ( copy of doc in left side). Copy of return shows enrollment in school on 11.08.2011. The school submitted an undertaking in compliance of DOE order and Delhi High court judgement in a social jurist P.I.L W.P(c) 8434 of 2011 that the school has filled 175 students in nursery 150 in KG and 180 in class-I during academic session 2011-12.( copy of doc in right side). As per undertaking school runs from nursery and it has filled 510 seats in session 2011-12 where admission ends in latest by April hence there is no question of 43 enrollment in class-I and no enrollment in nursery and KG on 11.08.2011.
           The above mentioned example is not only for this one school but a very large no of schools are involved in this unfair practice and a common man is the victim of this manipulation in accounting by concealing facts and submitting incorrect data. To understand the impact we have to understand the process of fee fixation for a school. School education is a charity and community service where school projects expenditure and inform the DOE for the same and divides this expenditure with number of students and fix the fee. If the enrollment will be shown less then automatically per child expenditure will increase and school fix fees on that basis. In the month of July school files the return and being a no profit organization profiteering is not allowed hence in the case of surplus after permissible limits they have to reduce the fee next year but none of the school showing the attitude to reduce the fee. Directorate of Education is regulator and duty bound to check these foul play and in the modern school case Hon'ble supreme court has categorically directed the director education to see all these issue for all the schools and in the case of school running at public land the prior sanction of Directorate is needed for any increase in fee but it is very unfortunate affair of directorate that all the records are in their office but they do not care for this mass extortion of the innocent middle class parents who is paying unjustified fee to these greedy public schools.

Khagesh B Jha Adv
Mob-8826456565 
    

MISERABLE CONDITION OF AMBULANCE SERVICES IN DELHI

Delhi is national capital city of India and our govt projects it as a world class city but a recent RTI reply states that the city has not even basic ambulance facilities available which costs the life of innocent poor of the city. The Ambulance service in city is run  by CATS a society constituted by Govt of NCT of Delhi. It is surprising that the ambulance with advance life support run from 8 a.m. to 4 p.m. and that also on only on working days only . Delhi Govt purchased 21 Advance ambulances at the time of commonwealth Games in this city but the same has not been maintained. 14 out of 21 ambulances are linked with hospitals which is used only for the purpose of shifting the patient and remaining 7 with CATS are neither maintained properly nor well equipped as the most of the life saving equipments are not in working conditions due to poor maintenance.There is such a situation where if you call for an ambulance after 4 P.M at emergency ambulance services number 102 the reply is very funny that you can get an ambulance after 8 a.m. next day.

      The reply provided by state health department reveals various disappointing facts that there is no technician appointed for ambulances to operate highly sophisticated life saving equipments. In the name of manpower the ambulances as Assistant Ambulance Office which is nothing but medical nomenclature of  Driver who is being given a training for two weeks about the first aid. As per norms various life saving medicines should be available in ALS ambulances but now the main question is whether a driver will prescribe the medicine for patient as it is admitted facts that the CATS ambulance service has neither any doctor nor nurse on their roll.
      The situation is worst in Govt hospitals where most of the hospitals are functioning without an ambulance and none of the hospital has advance category of ambulance except some provided by CATS. our city govt. can spend billions on the flyover as that is visible to the people and appreciated by media and upper middle class for smooth running of their foreign cars but if some poor dies daily due to non availability of the essential ambulance services then it does not matter for our govt as they know that the person already died will not return to make hue and cry.
       The situation in private sector is also worst where some of the big hospitals charging up to 3000 Rs per K.M. other ambulance services are nothing but a taxi service having long bench type of seats. In our city private  ambulances are registered and monitored by transport department. At the time of registration you have to hire some equipment whether working or not to show the committee constituted by health department headed by a deputy secretary and register the same with transport department for five years. Now you can return the hired equipments and easily can play with the life of the citizens as after registration only enforcement team of transport department is agency to check the ambulances.