Govt of India Affidavit an attempt to puncture RTE Act 2009

 The Government of India, Department of School Education has filed a Counter Affidavit (attached hereto) in Hon'ble Delhi High Court on 18.07.20212 in a PIL filed by Shreya Sahai seeking direction "to include home schooling and alternate education schools in "specified category" under Section 2(p) of the RTE Act and to let the NIOS continue to serve the academic interest of children in the age group of 6 to 14 years". The stand taken by the Government particularly in paras 10 and 11 of its counter affidavit appears to be contrary to the letters and spirit of RTE Act, 2009 and also a retrograde step.

ALL INDIA PARENTS ASSOCIATION PRESS RELEASE ABOUT DOE DHARNA DATED 15TH JULY

ALL INDIA PARENTS ASSOCIATION  

AGARWAL BHAWAN, G. T. KARNAL ROAD, TIS HAZARI, DELHI-110054

PRESS RELEASE

15 July 2012

All India Parents Association AIPA is organizing a VISHAL DHARNA outside the Office of the Director of Education at Old Secretariat Delhi to register its opposition and protest against the order dated 28-05-2012 whereby the Directorate of Education has changed the criteria for admission in XIth class in Science and Commerce streams in all Government and Government Aided Schools. No justification or rationale behind the change in criteria has been given by the Government; this circular not even finds mention in the web site of the Directorate of Education.

The eligibility for admission in science stream has been raised to minimum CGPA 7 from CGPA 6  as in previous year.  Furthermore where earlier a student needed overall grade C1 in total and individually in subjects English, Mathematics and Science, but now it is mandatory to obtain minimum grade B2 in English, Science and Mathematics individually. As a result where last year, nearly 15000 students got admission in Science stream based on the earlier admission criteria, but now, based on current revised criteria, not more than 5200 students will be eligible.

It is important to know that even presently Science stream is not available in all Government Schools. The numbers of Government Schools with Science stream in 2011-2012 have been reduced in comparison to the status of 2008-09.

In regards to Commerce stream a candidate having CGPA 5 was eligible previous year but now as per present criteria minimum CGPA 6.6 (with mathematics) and 6 (without mathematics) is required. In addition to, CGPA difference a student needed overall grade C2 in total and individually C2 in subjects English and Social Science and C1 in Mathematics but now it is mandatory to obtain minimum grade C1 in English and Social Science and B2 in Mathematics to be eligible in Commerce stream. Based on the earlier criteria, last year, nearly 36000 students got admission in Commerce stream but now, based on current revised criteria, not more than 20000 students will get admission in Commerce stream. 

As a result of the modified criteria for the 2012-13 for admission in Commerce and Science streams, even formation of Sections for these streams has become difficult in many of the Government schools and students are forced to opt for either Humanities stream or take admission in Patrachar Vidyalaya (where students have no future except to get XIIth Class Certificate).

It appears that the Government is adopting a policy of totally eliminating Science stream and diminishing the number of students in Commerce stream in Government schools. This process will leave the students totally in the hands of market forces. It also amounts to abdication of responsibility by the Government .This will result in indirect promotion of unaided private schools. It is interesting to know that the Government has no powers to regulate and Unaided Private schools are at liberty to fix their own criteria for admission in to various streams. The parents of the students wanting to take admission in the particular streams will have no other alternative than to succumb to the unjustified demands of the Private Unaided Schools.

By reducing the admissions in the Science and Commerce stream in the Government Schools the Government is also ensuring that most of the future Engineers, Doctors, Chartered Accountants and Economist will come from the Private Unaided Schools and all the Labourers, Workers, Subordinates will come from the Government Schools. That directly translates in to that only those who can afford to pay for the Education will get the Education, thereby converting Education in to a Commodity where one has to Invest to get returns in future.

The Government statistics itself project that 85% of the school going population studies in the Government run Schools and only 15% of the school going population can afford Education in Unaided Private Schools in country.  It implies that the 15% will prevail over the 85% of the population and this 85% population will always remain exposed to all kind of exploitation. The masses will remain the exploited lot..

              Therefore All India Parents Association (AIPA) is organizing a VISHAL DHARNA in front of the Office of the Director of Education, Old Secretariat, Civil Lines on Monday 16^th July 2012 at 16:00 Hrs. demanding immediate withdrawal of the admission criteria 2012 for science and commerce stream in Govt. and Govt. aided schools. AIPA also demands that all the students eligible in terms of the 2011 admission criteria should be considered for admission in science and commerce strams. AIPA further demands that the govt. schools with science stream be also increased in order to provide opportunity to study science to more and more students.  

Ashok Agarwal, Advocate

National President, AIPA

Mob- 9811101923

INTERPRETATION OF SCREENING BY DELHI HIGH COURT

Delhi high court today pronounced their judgement on SOCIAL JURIST  P.I.L. where court has directed the DOE to restore the classes VI to VIII in  19 Pratibha Vikash Vidyalaya running from class VI earlier but now only admitting from class IX. The Division bench headed by acting chief justice set aside the NCPCR order in 2009 and interpreted that the admission test in prtibha vikash vidyalaya is not under the domain of screening as govt. admits their own students in these schools. The court interpreted the section 13 and mentioned that the admission test in entry level class is only restricted through admission test in class.
We therefore in exercise of our extraordinary jurisdiction:
(i)  strike down the order dated  17.06.2010 (supra) of the NCPCR;
(ii)  hold that RPVVs cannot be compelled to make admissions on  random basis  in  Class VI by transfer of children already  studying in  Government,  Government Aided,  Municipal,  Cantonment Board schools to RPVVs;
(iii)  hold that  the procedure for admission to RPVVs in  Class VI as earlier existing is not violative of Section 13 of the RTE Act;
(iv)  direct the GNCTD to restore the admission  in Class VI  through selection to RPVVs from the next academic year onwards;  CM No. 5202/2012 in W.P.(C) No. 7796/2011            
(v)  as far as the present academic year is concerned, GNCTD  to within 15 days take a decision whether any admissions to the current year can be made by holding of selection process and if possible to hold the same, to avail of the existing infrastructure in RPVVs and to prevent a gap year.

The complete judgement is available under link -

http://lobis.nic.in/dhc/RSE/judgement/13-07-2012/RSE13072012CW77962011.pdf

Debate On Disability Certificate of Amit Kumar issued by DMCH and rejection by IIT Delhi

           It looks that the controversy on I I T selection procedure would not be settled so early as a new legal discussion has been started by the rejection of Amit Kumar a resident of Sitamarhi Bihar on the ground of rejection of disability certificate issued by darbhanga medical college and hospital, Darbhanga Bihar. A 17 year old Amit did not thought about the trauma he is facing by rejection of his candidature by I I T Delhi on illegal ground. The certificate of amit kumar is showing that he is 40% disable i.e. exact percentage required to obtain the benefit of disability under disability act. The board constituted by I I T Delhi is showing 18% disability even he has been communicated orally at the time of rejection that he is 24% disabled as per panel by some of the prominent doctors of AIMS including director AIMS who is an E NT specialist and in fact only one member HOD Orthopedic department  A I I MS was expert for orthopedic. I I T Delhi is challenging the authority of D M C H to issue the certificate for disability but in fact I I T is not appropriate government under disability act hence can't constitute the board legally as only appropriate government can notify a board eligible to issue the disability certificate.

            As per D M C H is concerned it is competent to issue disability certificate under Bihar Disability Rule 2004 as the Govt of Bihar is an appropriate government under disability act having jurisdiction to notify the authority to issue disability certificate. It is categorically mentioned in rule 4 first proviso that all the medical college hospitals are entitled to issue disability certificate under disability act and undoubtedly Darbhanga medical college and hospital is a prominent medical college of Bihar hence the D M C H  has legally issued the Disability Certificate.

            A division bench of Delhi High court had already ruled that it is not open to the institutes to form a board to decide the disability of a student as it will nullify the rule 4 of disability rule. Disability certificate issue by the appropriate medical authority mentioned under disability act and the disable candidate  is not subject to any test before a board constituted by the I I T which is bad in law as I I T has no authority to constitute a board. It is correct that the members of I I T constituted board are prominent personalities but whether being prominent allow to work beyond jurisdiction.