CBSE PARENTS'ASSOCIATION FOR
EDUCATIONAL REFORMS (Regd.)
3, SURYA COMPLEX, NEAR PULLY, MAIN SHIV PURI ROAD,
LUDHIANA-141008 (Pb)
PARVEEEN DANG(President RAKESH JAIN (Vice President)
Mobile: 098141-03151
____________________________________________________________________
14-2-2011
To
Honourable Chief Justice,
The High Court of Punjab & Haryana,
Chandigarh.
SUB: Issue of orders/directions to the Punjab Government to check the large scale violations of the Fundamental Rights of the Children [especially of children belonging to the 'Weaker Sections' & 'Disadvantaged Group' ( S.C., B.C./O.B.C, War Widows, Handicapped Parents) ], prescribed in The RTE Act 2009, in the State & to take action against the violators.
Honourable Sir,
Respectfully submitted:
'The Right of the Children to Free & Compulsory Education Act 2009' (RTE Act) has been implemented in the whole India except J & K from 1-4-2010 (copy of Notification of Ministry, Govt. of India, marked E-1 is attached). This act is Enforceable as it has been put in Chapter 3 of the Constitution as Article 21. According to Section 12 of the RTE Act, all unaided schools, imparting elementary education, have to reserve 25% of their seats in their incoming class (Pre-school/Pre-primary class/class1) for the Children belonging to the 'Disadvantaged Group' & the 'Weaker Sections'.
Under the provisions of this RTE Act, the Punjab Govt. has also issued notification dt. 18 Nov 2010 (copy marked E-2 is attached), to give admissions, in all the private schools of the state, to 25% of their seats to the Children belonging to the Disadvantaged Group & the Weaker Sections as mentioned in the RTE Act. Out of the total 25% reserved seats, 12.5% have been reserved for the children belonging to the weaker sections & the other 12.5% have been reserved for the children belonging to the Disadvantaged group. Further, these 12.5% seats reserved for the children belonging to the disadvantaged group have been divided into the following subcategories – 5% for S.C. ; 5% for B.C./O.B.C. ; 1.25% for the children of War Widows ; 1.25% for the children of Handicapped Parents.
But a majority of (private) unaided-schools in the state, especially the unaided-schools recognized by the CBSE/ICSE Boards are/have not only flouted the Rules/Provisions of the RTE Act & the notification of the Punjab Govt. but have also violated the Fundamental rights or these Children on a large scale. These issues have been raised in most of the Newspapers & several complaints have been made to the authorities. But the state govt. seems reluctant to take any action against these Private Schools, as most of these schools are managed by the big bosses.
The RTE Act while explaining the duties of the State Govt. & Local Bodies (Municipal Corporations etc) in chapter lll, prescribes that it is the obligation of the State Govt. & Local Bodies to ensure & monitor attendance of every child. But both the State Govt. & the Local Bodies in the Punjab have failed to perform their duties to implement the RTE Act & to protect the violation of the Fundamental Rights of the innocent children, especially in the Private Schools.
(Page1of3)
____________________________________________________________________
CBSE PARENTS'ASSOCIATION FOR
EDUCATIONAL REFORMS (Regd.)
3, SURYA COMPLEX, NEAR PULLY, MAIN SHIV PURI ROAD,
LUDHIANA-141008 (Pb)
PARVEEEN DANG (President RAKESH JAIN (Vice President)
Mobile:098141-03151
____________________________________________________________________
Hon'ble Sir, the parents of the children belonging to the reserved categories are poor, War Widows, Handicapped & they can't afford to file a PIL in the High Court to get Justice to themselves & to their innocent children & to get the Fundamental Rights of their children restored. Moreover, they don't have enough time to spare for the legal fight as they have to toil hard, day in & day out, to make the both ends of their families meet.
Therefore it is prayed before you to take this letter as a PIL & issue directions/orders to the Punjab Govt & the Local Bodies of the Punjab to –
i) Perform its duties as prescribed in the RTE Act & to ensure proper implementation of this Act in the State.
ii) To check the large scale violations of the Fundamental Rights of the Children belonging to the Weaker Sections & Disadvantaged Group (S.C., B.C./O.B.C., War Widows, Handicapped parents) in the state, especially by the unaided CBSE/ICSE schools.
iii) To take suitable action against the School Managements & administration who have violated the Act & the Fundamental Rights of the Children Belonging to the Reserved Categories & thus have done / are doing grave injustice to them.
iv) To take suitable action against the Authorities who have failed to perform their duties & due to whose negligence, the Fundamental Rights of the children belonging to the weaker sections & the disadvantaged group have been/ are being violated.
v) To declare all such admissions null & void, where the admission rules of the Act have not been followed & 25% seats have not been reserved for the Children belonging to the weaker sections & disadvantaged group.
vi) To hold fresh admissions in schools, where the provisions of the RTE Act have been violated & 25% seats for the reserved categories have not been reserved, before the new session begins under the monitoring of the Local Bodies & the Govt. as prescribed in the Act.
Hon'ble sir, you are the savior of the Law of the State. The poor & the down-trodden look at you For delivering Justice to them. It is once again prayed to treat this letter as PIL to issue necessary directions to the Punjab Government, as early as possible, so that the Children get their Fundamental Rights & the Rule of the Law prevails & the large scale violators of the Law are brought to the book & the faith of the public in the Law is restored.
Rakesh Jain
(Vice-President)
Mob: 09814103151
E Mail:
jainrakesh3151@yahoo.com (Page 2 of 3)
____________________________________________________________________
CBSE PARENTS'ASSOCIATION FOR
EDUCATIONAL REFORMS (Regd.)
3, SURYA COMPLEX, NEAR PULLY, MAIN SHIV PURI ROAD,
LUDHIANA-141008 (Pb)
PARVEEEN DANG (President RAKESH JAIN (Vice President) Mobile:098141-03151
____________________________________________________________________
Encl.:
1. Copy of notification dt 16th February 2010 of The Gazette of India (Ministry of Human Resource Development) printed on February 19, 2010. (Marked E-1).
2. Copy of notification of Punjab Govt. dt. 18, Nov.2010. (Marked E-2).
Copies to the following for information & necessary action:
1. Honourable Minister for Human Resource Development, Shastri Bhawan, New Delhi.
2. The Chief Secretary, Govt. of Punjab, Punjab Civil Secretariat, Chandigarh.
3. The President, Bar Association The High Court of Punjab & Haryana, Chandigarh.
![CBSE PARENTS'ASSOCIATION FOR EDUCATIONAL REFORMS (Regd.) 3, SURYA COMPLEX, NEAR PULLY, MAIN SHIV PURI ROAD, LUDHIANA-141008 (Pb) PARVEEEN DANG(President RAKESH JAIN (Vice President) Mobile: 098141-03151 ____________________________________________________________________ 14-2-2011 To Honourable Chief Justice, The High Court of Punjab & Haryana, Chandigarh. SUB: Issue of orders/directions to the Punjab Government to check the large scale violations of the Fundamental Rights of the Children [especially of children belonging to the 'Weaker Sections' & 'Disadvantaged Group' ( S.C., B.C./O.B.C, War Widows, Handicapped Parents) ], prescribed in The RTE Act 2009, in the State & to take action against the violators. Honourable Sir, Respectfully submitted: 'The Right of the Children to Free & Compulsory Education Act 2009' (RTE Act) has been implemented in the whole India except J & K from 1-4-2010 (copy of Notification of Ministry, Govt. of India, marked E-1 is attached). This act is Enforceable as it has been put in Chapter 3 of the Constitution as Article 21. According to Section 12 of the RTE Act, all unaided schools, imparting elementary education, have to reserve 25% of their seats in their incoming class (Pre-school/Pre-primary class/class1) for the Children belonging to the 'Disadvantaged Group' & the 'Weaker Sections'. Under the provisions of this RTE Act, the Punjab Govt. has also issued notification dt. 18 Nov 2010 (copy marked E-2 is attached), to give admissions, in all the private schools of the state, to 25% of their seats to the Children belonging to the Disadvantaged Group & the Weaker Sections as mentioned in the RTE Act. Out of the total 25% reserved seats, 12.5% have been reserved for the children belonging to the weaker sections & the other 12.5% have been reserved for the children belonging to the Disadvantaged group. Further, these 12.5% seats reserved for the children belonging to the disadvantaged group have been divided into the following subcategories – 5% for S.C. ; 5% for B.C./O.B.C. ; 1.25% for the children of War Widows ; 1.25% for the children of Handicapped Parents. But a majority of (private) unaided-schools in the state, especially the unaided-schools recognized by the CBSE/ICSE Boards are/have not only flouted the Rules/Provisions of the RTE Act & the notification of the Punjab Govt. but have also violated the Fundamental rights or these Children on a large scale. These issues have been raised in most of the Newspapers & several complaints have been made to the authorities. But the state govt. seems reluctant to take any action against these Private Schools, as most of these schools are managed by the big bosses. The RTE Act while explaining the duties of the State Govt. & Local Bodies (Municipal Corporations etc) in chapter lll, prescribes that it is the obligation of the State Govt. & Local Bodies to ensure & monitor attendance of every child. But both the State Govt. & the Local Bodies in the Punjab have failed to perform their duties to implement the RTE Act & to protect the violation of the Fundamental Rights of the innocent children, especially in the Private Schools. (Page1of3) ____________________________________________________________________ CBSE PARENTS'ASSOCIATION FOR EDUCATIONAL REFORMS (Regd.) 3, SURYA COMPLEX, NEAR PULLY, MAIN SHIV PURI ROAD, LUDHIANA-141008 (Pb) PARVEEEN DANG (President RAKESH JAIN (Vice President) Mobile:098141-03151 ____________________________________________________________________ Hon'ble Sir, the parents of the children belonging to the reserved categories are poor, War Widows, Handicapped & they can't afford to file a PIL in the High Court to get Justice to themselves & to their innocent children & to get the Fundamental Rights of their children restored. Moreover, they don't have enough time to spare for the legal fight as they have to toil hard, day in & day out, to make the both ends of their families meet. Therefore it is prayed before you to take this letter as a PIL & issue directions/orders to the Punjab Govt & the Local Bodies of the Punjab to – i) Perform its duties as prescribed in the RTE Act & to ensure proper implementation of this Act in the State. ii) To check the large scale violations of the Fundamental Rights of the Children belonging to the Weaker Sections & Disadvantaged Group (S.C., B.C./O.B.C., War Widows, Handicapped parents) in the state, especially by the unaided CBSE/ICSE schools. iii) To take suitable action against the School Managements & administration who have violated the Act & the Fundamental Rights of the Children Belonging to the Reserved Categories & thus have done / are doing grave injustice to them. iv) To take suitable action against the Authorities who have failed to perform their duties & due to whose negligence, the Fundamental Rights of the children belonging to the weaker sections & the disadvantaged group have been/ are being violated. v) To declare all such admissions null & void, where the admission rules of the Act have not been followed & 25% seats have not been reserved for the Children belonging to the weaker sections & disadvantaged group. vi) To hold fresh admissions in schools, where the provisions of the RTE Act have been violated & 25% seats for the reserved categories have not been reserved, before the new session begins under the monitoring of the Local Bodies & the Govt. as prescribed in the Act. Hon'ble sir, you are the savior of the Law of the State. The poor & the down-trodden look at you For delivering Justice to them. It is once again prayed to treat this letter as PIL to issue necessary directions to the Punjab Government, as early as possible, so that the Children get their Fundamental Rights & the Rule of the Law prevails & the large scale violators of the Law are brought to the book & the faith of the public in the Law is restored. Rakesh Jain (Vice-President) Mob: 09814103151 E Mail: jainrakesh3151@yahoo.com (Page 2 of 3) ____________________________________________________________________ CBSE PARENTS'ASSOCIATION FOR EDUCATIONAL REFORMS (Regd.) 3, SURYA COMPLEX, NEAR PULLY, MAIN SHIV PURI ROAD, LUDHIANA-141008 (Pb) PARVEEEN DANG (President RAKESH JAIN (Vice President) Mobile:098141-03151 ____________________________________________________________________ Encl.: 1. Copy of notification dt 16th February 2010 of The Gazette of India (Ministry of Human Resource Development) printed on February 19, 2010. (Marked E-1). 2. Copy of notification of Punjab Govt. dt. 18, Nov.2010. (Marked E-2). Copies to the following for information & necessary action: 1. Honourable Minister for Human Resource Development, Shastri Bhawan, New Delhi. 2. The Chief Secretary, Govt. of Punjab, Punjab Civil Secretariat, Chandigarh. 3. The President, Bar Association The High Court of Punjab & Haryana, Chandigarh.](http://profile.ak.fbcdn.net/hprofile-ak-snc4/49622_100001487688141_237_q.jpg)
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