Fwd: [Right to Education] EWS Admissions in Unaided Schools – Delhi Govt...
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From:
Ashok Agarwal <notification+kr4marbae4mn@facebookmail.com> Date: Tue, Jan 25, 2011 at 3:58 PM
Subject: [Right to Education] EWS Admissions in Unaided Schools – Delhi Govt...
To: Palash Biswas <
palashbiswaskl@gmail.com>
 | EWS Admissions in Unaided Schools – Delhi Govt Notification of 7.1.2011 illegally supersedes notification of 25.01.2007 SOCIAL JURIST To, Shri Arvinder Singh Lovely, Hon'ble Education Minister, Govt. of NCT of Delhi, Delhi Secretariat, New Delhi- 110002. Date: 25.01.2011 Sub: EWS Admissions in Unaided Schools – Delhi Govt Notification of 7.1.2011 illegally supersedes notification of 25.01.2007 My dear Education Minister, It is brought to your notice that the notification dated 25.01.2007 (Delhi School Education (Free seats for Students belonging to Economically Weaker Sections) Order, 2006) was issued in regard to the EWS admissions in 394 Unaided Recognised Private Schools to whom public land was allotted on concessional rates. It is submitted that in terms of the provisions of the said Order of 2006, the students belonging to EWS were not only entitled to admissions in all the classes but were also entitled to continue their studies up to class 12 of the said schools. Needless to say that these provisions were the outcome of the PIL filed by the Social Jurist in the Hon'ble Delhi High Court in 2002 complaining that the Delhi Government and the Land Owning Agencies have failed to ensure that the unaided private schools to whom public land had been allotted on concessional rates must adhere to the condition of the land allotment relating to grant of admission and free-ship to certain percentage of the students belonging to economically weaker sections. We are shocked to note that your recent notification of 07.01.2011 (Delhi School Education (Free seats for Students belonging to Economically Weaker Sections and Disadvantage Group) Order, 2011) has illegally superseded the above said notification dated 25.01.2011. Under what authority of law the Government has decided to supersede the notification of http://www.facebook.com/l/cdc0bXslF-S271fF09EiCPMeBMg;25.01.2007? Has the Government obtained permission from Hon'ble Delhi High Court to done away the directions having been passed by the Hon'ble Delhi High Court in Social Jurist PIL? Has the Government at all examined the consequences of superseding the notification dated http://www.facebook.com/l/cdc0bXslF-S271fF09EiCPMeBMg;25.01.2007? It is submitted that in terms of the notification dated 07.01.2011 admissions will only be at entry class of the schools whereas in terms of the notification dated 25.01.2007 admissions will be in all the classes of the schools. In terms of the notification dated 07.01.2011 a student is entitled to continue her/his studies only upto class VIII whereas in terms of the notification a student is entitled to continue her/his studies upto class XII under free-ship quota. Literally, the notification dated 07.01.2011 has brutally taken away the rights of the EWS students (i) to take admissions in all classes and (ii) and to continue studies up to class XII qua 394 unaided private schools on public lands vested in such students by the notification dated 25.01.2007. It appears that the Government has illegally mixed up the provisions relating to obligation of 394 unaided recognized private schools to provide free education to a specified number of children on account of having received land at a concessional rate with the provisions relating to obligation of all the unaided recognized schools to admit 25% students belonging to EWS and Disadvantage Group at the entry class level and to continue them to complete the elementary education. It is submitted that an independent obligation of unaided private schools on public lands having been created in terms of conditions of the land allotment and interpreted by the Hon'ble Delhi High Court and has been protected by the provisions of RTE Act 2009 can not be legally taken away by the Govt. as has been done by the through them notification dated 7.1.2011. It is therefore requested that the above facts may kindly be considered and appropriate decision may be taken immediately with an intimation to the under signed Ashok Agarwal,Advocate Advisor,Social Jurist M- 9811101923 | |
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Palash Biswas
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