Wednesday, 13 February 2013
New Dehi, Feb 7, 2013, DHNS :
Admission in MCD schools shouldn’t be denied for lack of documents
The East Delhi Municipal Corporation mayor has directed all the schools of the civic body to admit students under the Right to Education Act even if their parents do not submit the required documents. The schools should also put up boards making this clear.
Pardarshita, an NGO working in the field of education, had submitted a representation to the mayor about the problems faced by parents who are unable to submit residence proof and birth certificates of their children, and are denied admission.
Rajeev Kumar of Pardarshita said the Right of Children to Free and Compulsory Education Act, 2009 says if parents do not have birth certificate or residence proof at the time of admission, the child will not be denied admission.
“Those parents, who do not have any documents will submit self-declaration about the date of birth of the child on plain paper without any requirement for an affidavit or stamp paper,” said Kumar.
He said apart from asking for several documents from parents, principals of most schools force parents to submit date of birth of child on stamp paper worth Rs 50. “This has resulted in thousands of children being deprived of schooling every year,” he said, reminding that MCD schools get students from the financially weaker section.
The EDMC mayor has now sent a letter to corporation officials, telling them about the demand from some schools for such documents, and the denial of admission to children. “This is in clear violation of RTE act and such practices cannot be allowed and will not be tolerated,” said the letter.
The letter also said a board should be displayed outside each MCD school, stating that children will get admission even if the parents don’t have any documents. “By displaying such board outside the schools thousands of children would benefit and could get education without facing any difficulty, which is their right now,” it said.
School principals and education directors have been directed to ensure that the boards are displayed. East Delhi has around 400 primary schools. MCD nursery admissions begin on April 1.
As we are aware that under the Right To Education Act, 2009 (RTE), the formation of School Management Committees (SMCs) is mandatory. The rules for implementation of this Act have also been framed according to which schools in Delhi were supposed to form SMCs before 23.05.2012. However, the schools have neither formed any SMCs nor is there any mechanism put in place to monitor their formation and functioning. This is also because the Department of Education has not issued any guidelines for their formation, which is in clear cut violation of the RTE. The organization has forwarded several reminders and requests to the concerned authorities like NCPCR, Secretary Education but nothing happened.
After waiting for 13 months, Pardarshita filed a Public Interest Litigation in High Court through Adv. Ritu Mehra and Adv. Divyajyoti Jaipuriar. Today was the first hearing and the Litigation was taken into account by Hon’ble Court. The Hon’ble High Court has issued directions to the Department of Education to submit a report within six weeks regarding steps taken by the Department for the formation of SMCs.
Following is the copy of the Order.
IN THE HIGH COURT OF DELHI AT NEW DELHI
PARDARSHITA … Petitioner
Through: Mr. Divya Jyoti Jaipuriar, Adv. with Mrs. Ritu Mehra, Adv.
GOVT. OF NCT OF DELHI AND ANR … Respondents
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V.K. JAIN
O R D E R
1. This public interest litigation is filed seeking for the following reliefs:
a) Order the respondents to issue directions for the formation of Schools Management Committee in each and every school within three weeks of passing an order by this Hon’ble Court as mandated under the provisions of RTE Act, 2009 and rules framed thereunder.
b) Order the respondents to ensure that the meetings of the SMCs are organized periodically as mandated under the Act and Rules framed thereunder in order to increase participation of parents and guardians in the better administration of schools.
2. The grievance of the petitioner appears to be that all schools falling under Section 2(n) of the Right of Children to Free and Compulsory Education Act 2009 are mandated to constitute a School Management Committee in terms of Rule 3 of the Right of Children to Free and Compulsory Education Rules, 2010 in a period of six months from the appointed date, i.e., 01.04.2010, however, most of the schools have not constituted a School Management Committee. A similar Rule 3 has been framed by the Government of NCT of Delhi known as the Delhi Right of Children to Free and Compulsory Education Rules, 2011. It is the further grievance of the petitioner that a representation dated 14.07.2012 was made to the Secretary of Education, Government of NCT of Delhi for issuing circular for the formation of School Management Committee, however, no action has been taken in this regard. Hence, the petitioner has approached this Court by way of the present petition.
3. The grievance of the petitioner appears to be justified. In the wake of Rule 3 of the Rules framed for the purpose; by the Union of India and the Delhi Government, who are competent to frame the rules in terms of Section 38 of the Right of Children to Free and Compulsory Education Act, 2009, respondent No.1/Government of NCT of Delhi through Secretary of Education are obligated to consider the representation of the petitioner and pass necessary orders thereon.
4. We, therefore, direct the Secretary, Education Department, Government of NCT of Delhi to consider the said representation and take appropriate action in accordance with law. The above exercise shall be completed by the respondent in a period of eight weeks and the decision thereon shall also be communicated to the petitioner, immediately thereafter.
5. The petition is disposed of.
V.K. JAIN, J
JANUARY 30, 2013
Wednesday, 6 February 2013
On behalf of the needy suffering parents, we thank the Mayor for handing out this much needed Order. Implementation of the law is the biggest challenge of this country and poor implementation has rendered many good laws, useless. Political will is most important if we want good laws actually being put to work on field. Honorable Mayor EDMC has shown her commitment to fullfiling the law not just in letter but even in spirit. We believe, this step by the Mayor shall give a bright future to tens of thousands of children, who would have otherwise languished on streets, or would have indulged in begging, or child labor, or would have got entangled in drug abuse or juvenile crime.
Following is the letter by the Mayor, and a sample of how this Order will look like on display:-
This is regarding Right of Children to Free & Compulsory Education Act which has been enacted since April 2009. As per the provision of this Act the children of 6-14 years will not be denied for admission if the parents don’t have either birth certificate of child or residence proof.
According to a submission received by my office from Pardarshita, an NGO, some schools are asking the parents to produce the residence proof/birth certificate/ rent agreement/ affidavit if they want to admit their child. If the parents fail to produce these documents their child are not getting admission.
This is in clear violation of RTE act and such practices cannot be allowed and will not be tolerated.
In consultation with Education committee chairman Shri Harsh Malhotra, I have decided that to ensure free and fair admission process and strict adherence to RTE Act, A board outside each MCD school should be displayed with a note that if the parents do not have any document still their child will get admission in the school. By displaying such board outside the schools thousands of children would be benefited and could get education without facing any difficulty, which is their Right now.
This would be the responsibility of Education Director and School Principals to ensure that these boards are displayed before commencement of new admission process this year.
The sample board is enclosed with this letter.
Dr. Annapurna Mishra
Chairman, Education Committee
Director, Education, EDMC
Enclosed: Sample Board
दाखिले के लिए सूचना
शिक्षा का अधिकार 2009 के तहत 6 से 14 वर्ष के आयु के सभी बच्चों को स्कूल में दाखिला मिलने व शिक्षा पाने का अधिकार है। दाखिले के लिए किसी भी बच्चे को मना नहीं क्या जाएगा, बच्चे का दाखिला उनकी आयु के हिसाब से संबन्धित क्लास में किया जाएगा और किसी प्रकार का टेस्ट नहीं लिया जायेगा।
दाखिले के लिए निवास प्रमाण पत्र व बच्चे के जन्म प्रमाण के लिए निम्नलिखित दस्तावेज़ आप जमा कर सकते हैं:
निवास का प्रमाण (कोई एक दस्तावेज):
· बिजली/पानी/टेलीफ़ोन का बिल, राशन कार्ड, चुनाव पहचान पत्र या आधार कार्ड
बच्चे के जन्म का प्रमाण (कोई एक दस्तावेज़):
· जन्म प्रमाण पत्र, अस्पताल /नर्स के रजिस्टर का रिकॉर्ड या आंगनवाड़ी रिकॉर्ड
यदि किसी अभियावक या माता-पिता के पास निवास या बच्चे के जन्म का कोई प्रमाण नहीं है तो ऐसे अभिभावक या माता पिता एक सादे कागज़ पर अपने बच्चे की जन्म तिथि लिख कर घोषणा कर सकते हैं। स्टांप पेपर पर किसी प्रकार के एफ़िडेविट जमा करने की आवश्यकता नहीं है।