To
Sh. Amit Singla
Director Education,
GNCT Delhi
Old secretariat Building
Civil Lines, Delhi-
110054
Date 20/09/2012
Sub- Refusal to abide
terms of allotment letter by Minority
School (Montfort School Ashok Vihar Dist NWB) in absence of any clear guideline
or notification from DOE.
Dear Sir
I
have written several letters to your office requesting amendment in 7.01.2011
notification under apprehension to be misread and misused by the minority
school after Supreme Court judgment which excludes them from RTE Act 2009 and
you assured to look the matter during our last meeting in your chamber. Normally
schools and district office showing reluctance to accept the application forms
from EWS students especially for classes higher then class I despite direction
from Hon’ble supreme court in Modern School case and the same happened in
present case also but after repeated attempt of parent and my discussion with
the DDE North West B one application of Mr. Manoj Kumar Mishra was forwarded to
four schools namely Mont fort School Ashok Vihar, Guru Angad School Ashok
Vihar, Mata Jaikaur School Ashok Vihar and Guru Harkrishan Public School
Pitampura . Your will appreciate the fact that all these four schools claimed
minority status during present EWS drive and submitted their minority certificate
for exemption and same has been permitted by department of education. It is
important to mention that admission was claimed under 25.01.2007 notification
read with order passed by a division bench of Delhi High court in W.P. (c) 3156
of 2002 and direction issued by Supreme Court to your office in Modern School
case for compliance of terms of allotment.
The parent moved pillar to post to get
status about their application and I have also made several request to
officials then after few month reply came from schools. Two schools namely Mata
Jai kaur and Guru Harkrishan Public school sent vague reply that they have no
seats for EWS without mentioning whether they admit EWS in these classes or not
but Guru Angad Public School mentioned in their reply that the department is
well aware with the fact that now EWS admission is not their obligation. After repeated
request from the officers at district and zone one reply has been supplied to
us on 18th of September despite the date shown at the face of letter
written by the Principal Mont Fort School is showing 30th of August
2012. A copy of letter along with forwarding letter by Education officer Zone
XI is annexed here for ready references.
Letter
mentions in Para 2 “ I am not in position to give above mentioned
admission under EWS. You are requested to communicate it to the concerned
parents.” The same letter mentions in next para “ In this regard we are enclosing a
copy of the judgement dated 11.07.2012 by the Honourable High Court, in our
favor”. The annexure shows that the judgment dated 11.07.2012 is Judgment
passed by Hon’ble court of Justice Sistani in W.P.(C) 483 of 2011 titled as
CARMEL CONVENT SCHOOL VS GOVT. OF NCT OF DELHI which was with the prayer of
quashing of 07.01.2011 notification and even the entire judgment does not
mentions allotment clause . The brief judgment mentions that the petition was
allowed due to Supreme Court judgment regarding validity of RTE ACT 2009. A copy
of above said judgment is annexed here for the ready references.
The above mentioned letter by the principal
Mont Fort School raises very serious and alarming issues about violation of
terms of allotment on the basis of misreading of some judgment which is not relevant
in present case. This school is one of such school at public land which filed
affidavit in Delhi High court for compliance of DB order dated 30.05.2007 where
there is direction to your office to initiate appropriate steps by informing
DDA to proceed for cancellation of allotment letter and de-reorganization of
school etc. present exemption to the school is only from RTE act and the same judgment
mentions that mismanagement can’t be allowed even by minority institution also.
Your will appreciate the fact that after supreme court judgment these schools
have exception from RTE Act but not from Delhi School Education Act and rules
and your office is not only competent to take appropriate action against school
to ensure compliance of terms of allotment but having specific direction from
Hon’ble supreme court to ensure compliance of terms of allotment. I believe the
action at zonal level is also surprising where the E.O. did not raised any
question about the refusal and simply forwarded the letter to the parent as
directed by school authority in their letter. I request you to please see this
aspect of this complaint also.
Therefore it is requested please to issue
notification for amendment in 7th January notification or issue a
direction for minority schools that they can not enjoy the benefit of
supersession of 25.01.2007 notification as they are not covered under
07.01.2011 notification which mentions the word supersession of 25.01.2007
notification. It is also requested to ensure the admission of wards of Mr.
Manoj Kumar Mishra in class II and class IV in the school under EWS category.
It is also requested to communicate Delhi Development Authority for cancellation
of lease deed on the ground that school is not complying terms of allotment
letter. Thank you.
With
Regards
Khagesh
B. Jha, Adv.
Mob
9350456565
Copy
to
1.
Secretary Education Govt. of NCT of
Delhi with request of intervention for speedy notification.
2.
Minister Education Govt. of NCT of
Delhi. With request of intervention for speedy notification.
3.
Chief Minister Govt. of NCT of Delhi.
With request of intervention for speedy notification.
4.
DDE North West B FU Block Pitampura
with request to ensure the admission of children in the school.
Enclosures
I.
Letter dated 30.08.2012 adressed to EO
Zone XI
II.
Letter Dated 13.09.2012 addressed to sh. Manoj Kumar
Mishra.
III.
Delhi High Court Judgement in W.P.(c)
483 of 2011
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