MOCKERY OF FEE REGULATION IN UNAIDED PRIVATE SCHOOLS

           It is disappoing that entire system is for powerful people of the society and govt mechanism is for protection of powerful people of society. Delhi High court appointed Justice Anil Dev singh committee is auditing the records of the school but how the committee can draw a conclusion in absence of authentic records as the RTI information has revealed that most of the records submitted to the committee is based on fraud played by unaided private schools. The committee is auditing accounts in very casual manner and the interim reports reflects that it has been checked that whether schools are paying sixth pay commission or not. First Interim reports are showing reports about 200 schools which are small schools having no facility or influence to manipulate the data and Guru Harkrishan Group of Schools left evidences in over confidence about their political influence. It is also very surprising that how and in which manner committee has selected schools which are having least influence as the random method can be like this as committee has selected.
         Supreme court in a recent judgement ruled that right to sleep is fundamental right but this committee is one step ahead as the Govt. is almost paying Rs 2,00,000 per month to a retired officer who is preparing report about his own sleeping. The committee has mentioned that DOE was sleeping while school was pinching the pockets of the innocent parents but an officer of DOE who is a member of present committee was additional  director during the relevant period. Addl DE is head of the department regarding regulation and monitoring of unaided private school. It looks from the reports that another member of the committee is interested for selection of CA firm as per his own choice and at a higher rate smiler to one fixed for him. It has been reported in interim report about delay by CA firm appointed by Directorate of Education but some facts reveals that the committee wanted to show the delay for the purpose of showing failure of CA firm. The firm has submitted the reports about 247 schools to the directorate which requested them to submit the report to the committee. It is also very important to understand that why the firm wanted to submit reports to directorate instead of committee.
         Hon'ble High court has passed an order that the 90% of cost will be paid by unaided private school and the schools will not increase fee without prior permission from the court. It is important that the unaided private schools will file the petition for permission and the legal expenditure as well as the fee paid to committee both will be ultimately paid by the innocent parents.     
    

WHETHER RTI ACT 2005 HELPED CONTROLLING CURRUPTION IN PUBLIC LIFE ?

RIGHT TO INFORMATION ACT 2005 is a bivalent peace of legislation and I think it is an act used by the citizens in most frequent way. This act is one of the most frequently used act by a common man even sometimes by  illiterate Citizens  of India. The importance of act can be understood by the anger and frustrations of the powerful bureaucrat and politicians who always looks standing  against this act.
     Some of the critics states that a major control on corruption is not visible at ground level and it looks that it has been increased. we should understand that it is also a success of this act as most of these corruptions has been exposed  by using this act itself and the purpose of the act is getting information and no other remedy is available in this act to control the corruption but the information obtained under RTI ACT 2005 can be used for making complaints to the agencies like C B I or C  V C and in the case of failure by these agencies one can approach concerned High Court under article  226  for appropriate direction.
    The second criticism against act is about its success for solving individual problems which is think is not a criticism but appreciation as the individual success encourages others and more and more people starts to use the act for getting information. If thousands of people are filing applications under RTI daily then it makes a big number. some of the applicant does not succeed in getting information due to some technical problem in drafting the application but when we compare this number from the number of citizens does not makes any application under any other acts due to non availability of legal professionals then this number is very less. There is some criticism about blackmailing the authorities on the ground which i think is not correct as the act mandates the uploading of information at official website and if information comes in public domain then how it can be misused to blackmail. I have experience that this act helped some honest officers to refuse their bosses to be tool for a corruption on the ground that it will be disclosed by filing an RTI application.
     One important criticism is about undue deviation of human resource and it is correct that a large no of officials remains busy in replying RTI Application but we should think whether it is due to some defect in act or the administration. I think appropriate govt is not complying with their obligation under section 4 of the act and repeat same exercise again and again for some questions which should be voluntarily disclosed at the official website. I think more the 70% questions in various RTI applications are related with the information which is under the domain of  section 4 of the act.
   I think the vital problems which goes against the act is about credibility of PIO, FAA and Information commission. In 2005 most of the senior officers has been appointed as PIO but later it has been changed and some officers at lower rank has been appointed. Normally it becomes very difficult for PIO to get information held by their superior bosses specially crucial information about corruption. The provision of First appeal becomes a useless exercise as the intimidate senior of PIO is FAA who is only providing additional 45 days to the PIO and it is nothing but a wastage of time. The second problem is about appointment of information commissioners where retired bureaucrat and some inefficient persons are appointed Information commissioners who had reduced the honor of information commission. Another problem is about non cooperation of judiciary as the judiciary itself is biggest violator of the act and even the RTI Rules in several high court is in conflict with the RTI Act.   

INACTIVE POLICE AND INSENSITIVE MIDDLE CLASS

Today on 19/08/2012  visited Trilokpur Indira Camp with Mr. Ashok Agarwal Adv. And our team which was part of our Sunday campaign for contacting underprivileged group of society at their door step. While we were in the area a 30 year old lady namely Babita came to us and informed that her 6 years old daughter savita is missing for last Saturday and police is not taking her complaint about missing child. It had been informed to us by the lady that police is asking 8 copy of A-4 size of photograph of the child only then they will take the complaint and she had only 2 copy of photograph. Mr. Agarwal suggested her to go to the police station and once more request for the registration of complaint. We provided them our contact information and given her visiting card to contact us if she is facing any problem. We noticed that she was very little convinced with us but we were not disappointed and thought this is her thought against middle class people like us who never helps them for getting their right and suggested and requested her to visit police station at least once more.

        We are grateful to the lady who visited the police station at kalyanpuri and Mayur Vihar Phase –I as both police stations was passing over the buck on each other and at last it had been decided that the area falls in Mayur vihar police station. It is important to mention that the lady approached the family where she was working as a domestic help to borrow Rs 200/- for printing of photograph but did not succeeded to get an advance of Rs 200/- for her daughter. We all see the frequent news articles about the crimes committed by domestic help but never see this kind of barbarian act by us which results sometime in some drastic steps by the domestic help. I don’t justify any criminal act by the domestic help but we must be concerned about these kind of inhuman attitude by employer otherwise we can’t succeed to control such act by using whatever kind of precaution like police verification etc. The lady who is searching her missing daughter had no option to visit the police station once more and approached the Mayur Vihar Phase I Police station. The head constable deputed their in duty room behaved with her in very rude manner and refused to take complaint if she can’t provide 8 copy of photograph and the mother was carrying only one copy of photograph hence police refused to take the complaint. Babita called Mr. Agarwal and it was very surprising that the head constable knowingly informed the senior advocate that it is rule that she must provide 8 copy of photograph if she wants her complaint to be accepted. When Mr. Agarwal told him that he is going to call the concerned ACP the constable informed that this rule is known to all the officers. I have called the DCP East Mr. Prabhakar at his mobile phone but the same was continuously none replied. At last I succeeded to call the concerned SHO who at last agreed to take the complaint if I am sending the mother to him. The mother approached the SHO who had made several enquiries about her home, relative and native place and told her to make some arrangement for AZAN at rickshaw which costs aprox Rs 150/- which is beyond the capacity of the mother. SHO neither registered an F.I.R nor provided a copy of FIR or complaint and told the complainant to come tomorrow then something in written will be provided to her. All these jokes with the guidelines of Supreme Court were taking place hardly at the 5 K.M. from the supreme court of this country.

       There is clear provision of immediate registration of F.I.R in these missing case and Hon’ble Delhi high court passed order in this regard. The activity of the police station tantamount to the contempt of order passed by the High court but a poor can neither access high court nor the senior officers of police department. Whether we the middle class are not responsible for this kind of ignorance faced by the Mother of missing girl.  Whether the employer should not be punished for this kind of attitude. These are some of the concerns needed to be readdressed immediately.

Khagesh B. Jha, Adv.

Mob- 8826456565

    

Unrest amongst the merchants of Education and last attempt to play minority card

Right to education act is going to prove last death knell for unrecognized unaided private schools in Delhi which was supposed to be closed after an high court order in W.P (C) 43 of 2006 titled as SOCIAL JURIST VS GOVT OF NCT OF DELHI where court directed the govt. of NCT of Delhi through director education to stop the mushrooming of school and also directed to shut down such mushrooming schools which are black spot on the education system of the school.. The complete judgement dated 08/02/2008 is under link   http://lobis.nic.in/dhc/TST/judgement/23-02-2008/TST08022008CW432006.pdf .
    UN-recognized school lobby filed an SLP before supreme court which refused to grant any interim stay on the order passed by the division bench but the SLP No 24617 and 24618  is still pending in supreme court.  Directorate of Education failed to comply with the High court order on the ground that a new legislation was pending in parliament. The new legislation came in operation on 1st of April 2010 which provided breathing period of three years for these unrecognized school which ends on 31st march of 2013. The new 2009 act provides very harsh provision of penalty and power to seal the school premises. All the provisions are incorporated in act itself hence any relief from the executive is not expected hence these schools are trying some judicial escape and now started playing minority card for this malafide intention.filed a very funny intervention through one Dr. Midhat Hussain of Jamia Nagar and 3 other members from minority community for an order      
     

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