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Saturday, April 9, 2011

Fwd: [Right to Education] PARENTS FAIL TO MEET ILLEGAL DEMAND - BANASTHALI...



---------- Forwarded message ----------
From: Ashok Agarwal <notification+kr4marbae4mn@facebookmail.com>
Date: Sat, Apr 9, 2011 at 2:43 PM
Subject: [Right to Education] PARENTS FAIL TO MEET ILLEGAL DEMAND - BANASTHALI...
To: Palash Biswas <palashbiswaskl@gmail.com>


PARENTS FAIL TO MEET ILLEGAL DEMAND - BANASTHALI PUBLIC SCHOOL STOPS CLASS IX EWS GIRL STUDENT TO ATTEND CLASSES  SOCIAL JURIST 08.04.2011 To,  Sh. Arvinder Singh Lovely, Education Minister, Govt. of NCT of Delhi, Delhi Secretariat, I.P. Estate  New Delhi-110002  Subject: - Unaided school turned out EWS Class IX girl student   Dear Sir,  It is brought to your notice that Banasthali Public School G- Block Plot No. 16 Vikaspuri New Delhi-110018 (Phone-28543824) is situated on a public land allotted to it on concessional rates and is obliged to provide admission to the students belonging to economically weaker sections to the extent of 20% and to grant them freeship.  Km. Jaya Budhiraja d/o Sh. Harish Chander r/o JG-II/524 Vikaspuri New Delhi-110018 (M-9311829107) got admission in the said Banasthali Public School in class II in the academic year 2004-2005 under EWS category. At the time of admission, the parents submitted their income certificate having being issued by the Sub Divisional Magistrate of the area certifying that the annual income of the parents did not exceed to Rs. 54,000/- (Rupees Fifty Four Thousand only). The said income certificate is still on the school record.  That Km. Jaya Budhiraja continues to study with the said school under EWS category and was promoted to the next class from time to time. She appeared in class VIII examination in the academic year 2010-2011 and stood qualified and was promoted to class IX in the academic year 2011-2012.  The whole trouble started in the last week of March 2011 when the school denied report card to Jaya and illegally demanded a sum of Rs. 4500/- from the parents towards fees. The parents made a written complaint to the undersigned on 25.03.2011 in this regard. In turn, the undersigned wrote a letter dated 25.03.2011 to the area Dy. Director of Education. After the intervention of the DDE, the school stopped demanding the payment of Rs. 4500/- but however, they did not allow Km. Jaya to attend classes from April,1 2011 till date on another new pretext that the parents had to submit a fresh income   certificate from the area SDM. The parents by letter dated 06.04.2011 addressed to the school made a declaration that their current income is the same as was in the earlier years. It was brought to the notice of the school that in terms of the explanation of Clause 4 of the Delhi School Education (Free seats for students belonging to Economically Weaker Sections) Order, 2006, the parents were not supposed to submit the income certificate from the SDM after once the same has been submitted and only a declaration by the parents is enough. The said provision is reproduced as under:-
Ashok Agarwal 2:43pm Apr 9
PARENTS FAIL TO MEET ILLEGAL DEMAND - BANASTHALI PUBLIC SCHOOL STOPS CLASS IX EWS GIRL STUDENT TO ATTEND CLASSES

SOCIAL JURIST
08.04.2011
To,

Sh. Arvinder Singh Lovely,
Education Minister,
Govt. of NCT of Delhi,
Delhi Secretariat,
I.P. Estate
New Delhi-110002

Subject: - Unaided school turned out EWS Class IX girl student

Dear Sir,

It is brought to your notice that Banasthali Public School G- Block Plot No. 16 Vikaspuri New Delhi-110018 (Phone-28543824) is situated on a public land allotted to it on concessional rates and is obliged to provide admission to the students belonging to economically weaker sections to the extent of 20% and to grant them freeship.

Km. Jaya Budhiraja d/o Sh. Harish Chander r/o JG-II/524 Vikaspuri New Delhi-110018 (M-9311829107) got admission in the said Banasthali Public School in class II in the academic year 2004-2005 under EWS category. At the time of admission, the parents submitted their income certificate having being issued by the Sub Divisional Magistrate of the area certifying that the annual income of the parents did not exceed to Rs. 54,000/- (Rupees Fifty Four Thousand only). The said income certificate is still on the school record.

That Km. Jaya Budhiraja continues to study with the said school under EWS category and was promoted to the next class from time to time. She appeared in class VIII examination in the academic year 2010-2011 and stood qualified and was promoted to class IX in the academic year 2011-2012.

The whole trouble started in the last week of March 2011 when the school denied report card to Jaya and illegally demanded a sum of Rs. 4500/- from the parents towards fees. The parents made a written complaint to the undersigned on 25.03.2011 in this regard. In turn, the undersigned wrote a letter dated 25.03.2011 to the area Dy. Director of Education. After the intervention of the DDE, the school stopped demanding the payment of Rs. 4500/- but however, they did not allow Km. Jaya to attend classes from April,1 2011 till date on another new pretext that the parents had to submit a fresh income

certificate from the area SDM. The parents by letter dated 06.04.2011 addressed to the school made a declaration that their current income is the same as was in the earlier years. It was brought to the notice of the school that in terms of the explanation of Clause 4 of the Delhi School Education (Free seats for students belonging to Economically Weaker Sections) Order, 2006, the parents were not supposed to submit the income certificate from the SDM after once the same has been submitted and only a declaration by the parents is enough. The said provision is reproduced as under:-

"4. Application for admission against free seat (1) The parents seeking admission of his child against the free seat shall submit the following documents along with the application, namely:-

(a) Annual Income Certificate of the earning parent, issued by the Sub-Divisional Magistrate; and
(b) Ration Card of the family, Voter Identity Card of parents, or Birth Certificate of the child.

(Explanation: The parents of the student admitted against free seat shall submit a self declaration of annual income every year for continuation of free seat in the school)"

Despite the aforesaid, the said school has not permitted Km. Jaya to attend her classes. Today i.e 08.04.2011, Jaya went to the school as usual but she was again unceremoniously turned out by the Principal Smt. Shashi Mohan. Now the parents have again approached the undersigned for help..

It is submitted that the action of the school in not permitting Km. Jaya Budhiraja to attend classes is totally unjust, unethical, vindictive, tantamount to contempt of Hon'ble Delhi High Court, contrary to the provisions of Delhi School Education (Free seats for students belonging to Economically Weaker Sections) Order, 2006, tantamount to the breach of conditions of land allotment which attracts cancellation of lease deed, inhuman, anti child and violative of the provisions of Delhi School Education Act, 1973.

The school is not at all justified in refusing Km. Jaya Budhiraja to attend classes on the alleged ground that her parents have not submitted their income certificate. As submitted above, the demand for submitting a fresh certificate is not tenable in law. The school is insisting for the same just to harass the parents and the student because they refused to meet the illegal demand of payment of Rs. 4500/- on account of fees. It is a very serious matter.

It is therefore requested that immediate action may be taken in this matter ensuring that the school permits Km. Jaya Budhiraja to attend her classes without any kind of harassment and intimidation.

With Regards

Ashok Agarwal, Advocate
Advisor, Social Jurist
M-9811101923

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--
Palash Biswas
Pl Read:
http://nandigramunited-banga.blogspot.com/

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