IN THE HIGH COURT OF DELHI AT NEW DELHI
C.M. NO. OF 2012
IN
W.P. (C) No. 4535 of 2010
IN THE MATTER OF:
COURT ON ITS OWN MOTION ……PETITIONER
VERSUS
GOVT OF NCT OF DELHI AND ANOTHER ….RESPONDENTS
APPLICATION UNDER SECTION 151 CPC FOR DIRECTIONS
RESPECTFULLY SHOWETH
1. The petitioner by present application is highlighting the plight of as many as 390 students of Delhi Government run Government Co-ed Secondary School, Sundar Nagari, East Delhi resulting in serious violation of right to education as guaranteed to these students under Articles 14, 21, 21-A and 38 of the Constitution of India read with the provisions of Right of Children to Free and Compulsory Education Act, 2009 and also tantamount to mockery of right to education.
2. The petitioner submits that these 390 students of class VI to VIII were shifted from an overcrowded Government School at Janta Colony, East Delhi from 22.10.2011 to this Government Co-ed Secondary School, Sundar Nagari, East Delhi.
3. It is submitted that on 23.01.2012, it was brought to the notice of Shri Ashok Agarwal, Advocate by a parent namely, Shri Raoof Khan whose ward is studying in Class VIII in the said school that the students are sitting on ground in open since 22.10.2011 as there are no classrooms and also no other facilities. It is submitted that Shri Ashok Agarwal, Advocate visited the said Government Co-ed Secondary School, Sundar Nagari at 8.00 am on 24.01.2012 and found that all the 390 students are sitting in or around a totally tattered tent in this chill winter season. It is submitted that in such an atmosphere, imparting of any education to these students is literally impossible.
4. The petitioner submits that without adequate arrangement for education of these students, the Govt. of NCT of Delhi was not justified in shifting these students from their earlier school. It is no less a tragedy that tiny tots are made to sit on ground in open in the winter season when temperature is very low and chill winds are blowing.
5. The petitioner submits that Sh. Ashok Agarwal also visited MCD Primary School Nand Nagari, F-1 Block Delhi – 110093 and found that large numbers of classrooms are lying vacant where all the 390 students of Govt. Co-ed Secondary School, Sunder Nagari can be shifted as temporary arrangement till their own school building comes up. It is submitted that construction in the school would take some time as the same has just started. It is also submitted that the students in and around construction site is neither safe nor healthy.
6. The petitioner states that Mr. Ashok Agarwal has taken number of photographs which reveal the pathetic conditions of the school in which students are forced to study. Some of these photographs are annexed hereto as ANNEXURE A-1 ( Colly ).
It is therefore, prayed that this Hon'ble Court may kindly pass appropriate orders in the facts and circumstances of the present case to safeguard the interest of these 390 students.
(Ashok Agarwal) & (Kusum Sharma)
Advocates for the petitioner
483, Block-II Lawyers Chamber,
Delhi High Court, New Delhi – 110003.
M-9811101923, 9818026552
New Delhi
Dated: 24.01.2012
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