'Bal Sunwai' reported in Hindustan Times

RTI helped in the admission of children belonging to Economically Weaker Sections of society in Private Schools- In-House Report by Ritu

Approximately 397 schools in Delhi have received land from the Government at subsidised rates on the condition that in return these schools reserve seats for the children of Economically Weaker Sections (EWS) in their schools. The allotment of land started in 1967 but none of the schools followed the condition of the Lease Deed. The worse part is that our Government did not take any action against this violation. This matter was highlighted when a PIL was filed in the High Court and the judgement stated that all the schools which had been given land by the government have to follow the conditions of lease deed and simultaneously ordered the Delhi Government to frame rules and guidelines for the admissions.

In 2004 the rules were framed and since then the case is in the High Court and in consecutive proceedings, very good rules were framed.

Despite good orders, however, it was not easy to take admission. The Right to Information played a great role in this admission process, because this is the only tool which could make the department move. Oral requests and written complaints did not make the authorities work, but because of using RTI the department awoke from a long sleep and the admission of poor children become possible in Public Schools.

Case Study I

Shakila, a labourer, who hails from a jhuggi cluster; works in a factory to raise her two children. Her husband lives in another state and does not provide any financial support for the upbringing of the children.

In the beginning of this year when volunteers of Pardarshita initiated mobilising people for admission under EWS quota, she also realised that inspite of her low status in society, her children can avail better quality of education. After being aware of this information, she had approached 5 schools (Dayanand Model School, Arwachin Bharti Bhawan, New Oxford Public school, Siddhartha International School, Vivekanand Public school) where she was insulted by the gatekeepers and was not allowed to enter the school for the admission forms.

She had filed a complaint against these schools with the office of Deputy Director of Education (DDE) but no action was taken for a long period of three months. But suddenly in the month of April her child got admission in three public schools (New Oxford Public school, Dayanand Model School and Vivekanand Public school) and some officials from Education Department (East District) had visited her and requested her to withdraw her complaint.

This had not only happened with Shakila, but with more than 300 parents who were seeking admissions of their wards in public schools under this quota and were denied by the school authorities. The officials who could hardly be bothered to take any action against the complaints have now come out of their air conditioned rooms and started visiting the complainants. Moreover the principals from the schools which had taken money for forms under this scheme have visited the slum and returned their money. This had become possible only because of the complaints followed by the RTI applications which insist the officials to come out from their AC rooms to the jhuggi cluster of these people. In the RTI application they have asked for:

1. the daily progress report on their complaints which they have filed with the department,

2. the enquiry report which the department was supposed to do on her complaint.

Although she did not get the reply, the government machinery moved and admission process started

Case Study II

Radha, Malti, Foolbano and Afsaan got their children admitted in a reputed school in East Delhi but the administration asked them to submit Rs.3466/- as admission fees if they were to attend classes. These perplexed women requested the principal, and they showed the order by the Education Department in which it was mandated that children from unprivileged section of society do not have to pay any registration fees, prospectus fees or tuition fees, but the school did not concede to it.

When these women were left with no hope they approached the director, the Deputy Director and an officer of the Education Department with a written complaint. They would meet these officers everyday after filing these complaints. Even after 2 months of the lodging of these complaints their children were not allowed to sit in the classes.

After all these efforts, these women enquired of the Director of Education Dept., Mr. Vijay Kumar, under the Right to Information. They asked that in response to the complaint filed by them about a school demanding Rs.3466 from unprivileged children, which officer is working upon the matter and they also demanded the investigation report. They also asked for a photocopy of the show cause notice issued to the school and their response to the Education department based on the complaint filed by them.

After filing this complaint under RTI Act, we got the response within 15 days that they have investigated that school has not only seeking money from them but has collected money from 16 other underprivileged students. On the basis of the complaint departmental action is being taken against the concerned officer of the Education Department and the school has been ordered that students be given admission within one week and the Education Department be notified about it. The next day, the school authorities themselves came to request these people to send their children to school. With that, they sent a written notice to 16 people who paid Rs.3466 to come and collect that money from the school

In the last three years more than 700 children had been admitted because of the employment of RTI.

Guidelines for EWS Admissions 25 January 2007

(TO BE PUBLISHED IN PART IV OF THE DELHI GAZETTE - ORDINARY)

GOVERNMENT OF NATONAL CAPITAL TERRITORY OF DELHI

(EDUCATION DEPARTMENT)

OLD SECRETARIAT, DELHI – 110054

No.F/DE/15/ACT/2006/424                                                                                                     Dated: 25/01/07

NOTIFICATION

No.F/DE/15/ACT/2006/_______ - In exercise of the powers conferred by sub-section (1) of section 3 of the Delhi School Education Act, 1973 (18 of 1973) read with rule 43 of the Delhi School Education Rules, 1973, and in supersession of Order No.PS/DE/2004/10496-11595 dated 27th April, 2004, issued by the Director of Education, Delhi, except as respect things done or omitted to be done before such supersession, the Lt. Governor of the National Capital Territory of Delhi, hereby makes the following order, namely:-
1. Short title and Commencement. –
(1) This order may be called the Delhi School Education (Free seats for students belonging to Economically Weaker Sections) Order, 2006
(2) This Order shall come into force from the academic session 2007-2008

PART – I
2. Definitions. – In this order, unless the context otherwise requires;-
“Act” means the Delhi School Education Act, 1973 (18 to 1973);
“class” includes the entry level class such as pre primary or primary class;
“child belonging to economically weaker section” means a child whose parents have annual income of less than one lakh rupees from all sources and who have been staying in Delhi for the last five years;
“free ship cell” means a free ship cell set up under paragraph 6 of this order, in each district under the control of
Deputy Director;
“management” means the management of unaided recognized private school, imparting education in Delhi, which has been allotted land for such school by the Government agencies, such as Delhi Development Authority, Land and Development Office and the Government of National Capital Territory of Delhi etc.;
“rules” means the Delhi School Education Rules, 1973;
3. Free seats for student belonging to economically weaker section. –
(1) Notwithstanding anything contained in the terms and conditions of the lease deed pertaining to the land allotted to it for such school, the management shall provide free seats, not less than twenty percent, of total seats, in each class to the child belonging to economically weaker section.
(2) No separate or exclusive class or shift shall be arranged for imparting education to the students admitted against free seats mentioned in sub-paragraph (1)
(3) No tuition fee or any other charges or fee or fund, other than earmarked levies, shall be charged from the student admitted against the free seat.
(4) The students admitted against the free seats shall get financial assistance, at par with the students of Government school, for expenditure on account of uniform and books.
(5) The financial assistance referred to in sub paragraph (4) shall be reimbursed by the Education Department and disbursed through the Head of School.
(6) The management shall not charge any fees or fund or charges of any kind from the other students in lieu of providing free seats to the students of economically weaker sections.
4. Application for admission against free seat. –
(1) The parent seeking admission of his child against the free seat shall submit the following documents along with the application, namely:-
Annual Income Certificate of the earning parent, issued by the Sub-Divisional Magistrate; and
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)
(2) The application along with the documents mentioned in sub-paragraph (1), shall be submitted to the concerned school and in case of refusal by the school, to the Deputy Director of Education of the concerned district, where such school is situated.
(3) No registration fee, including charges of prospectus shall be charged from the parents/child applying against free seat.
(4) Any parent, aggrieved by the action of the management, may file a complaint in writing to the freeship cell, addressed to the concerned Deputy Director.
5. Manner of admission against free seats. –
(1) The management shall display the number of total seats and the free seats available in each class, on the notice board in the school and shall also notify the same to the concerned Deputy Director of Education by the 31st December for entry-level classes, and by the 15th March for other classes, for each academic session.
(2) The management shall also notify the date of submission of applications for admissions against the free seats in entry level or other classes and the last date of admissions.
(3) The information mentioned in sub-paragraph (1) and (2) shall also be made available on the website of the concerned school and website of the Education Department, Government of National Capital Territory of Delhi.
(4) The management shall acknowledge the application for admission against free seats and shall assign each application a registration number. The acknowledgement receipt shall also indicate the dates of display of admission list on the notice board and the date of admission.
(5) The admissions against the free seats shall be regulated by the Head of the school as per the provisions of the Delhi School Education Act, 1973 and the Rules framed thereunder, subject to the provisions of this Order.
(6) In case the number of applications for admission against the free seats in entry-level classes exceeds the number of seats available, the admission shall be made by draw of lots in the presence of applicant parents and a nominee of Education Department, not below the rank of Vice Principal. The date of draw would be intimated to all the parents reasonably in advance.
(7) In case the number of application against the free seats in other classes exceeds the number of seats available, the admission shall be made as per merit in the admission test to be conducted in the 1st week of April by the school.
(8) In case the number of applications for admission against the free seats is below the number of seats available, the admission shall be made from the available applications and the vacant seats shall be re-notified for inviting further applications and also be notified to the freeship cell for forwarding further application.
(9) The management shall file an annual return in the Freeship Cell of the concerned district regarding number of admissions made etc. by the 15th September of the academic year.
6. Freeship Cell. –
(1) There shall be freeship cell in each districts and the concerned Deputy Director (Education) shall be the controlling officer of the freeship cell.
(2) The parent seeking admission of the child against free seats, may in case of refusal by school, submit the application in the freeship cell, for further transmission to the concerned school.
(3) The freeship cell shall maintain the database of such applications and such information shall also be made available on the website of the Education Department.
(4) On the request of management, the freeship cell may forward further applications for admission against free seats.
(5) The freeship cell shall entertain the complaints of aggrieved persons with regard to free seats, in a time bound manner.
(6) The concerned Deputy Director may inspect any school for ensuring the compliance of this order as per sub-section (2) of the section 24 of the Act, and in case any default is noticed, the matter be reported to the Director.
(7) On receipt of report under sub-paragraph (5), the Director may, after giving a reasonable opportunity of being heard, take action under sub-section (4) of section 24 of the Act and/or inform the concerned Government agency, which has allotted the land on concessional rates for taking action against the management for violation of terms and conditions of the lease, as the case may be.

PART – II
7. Saving of admissions already made in compliance of earlier order. –
Notwithstanding supersession of the Order No. No.PS/DE/2004/10496-11595 dated 27th April, 2004, the admissions already made against free seats, in any private recognized school, which has not been allotted land on concessional rates by the Government agencies, shall continue and the studies of such students shall not be disrupted:
Provided that:-
The students admitted against free seats in such school shall get financial assistance, at par with the students of Government school, for expenditure on account of uniform and books; and
The financial assistance referred to in first proviso shall be reimbursed by the Education Department and disbursed through the Head of School.

By order and in the name of the

Lt. Governor of the National

Capital Territory of Delhi

 Sd/-

(MADHUP VYAS)

Joint Secretary (Education)

CIC Order for Education Department

http://www.edudel.nic.in/new_circulars/6777_dt_30.12.2009.pdf

Report on condition of MCD school in New Seemapuri

We would like to start this report by thanking the government for all its efforts made in the direction of providing the nation’s children with the opportunities and infrastructure for education. However we would like to take this report a step further, by asking a question: Is it enough to only give the opportunities and provide the infrastructure, or is it essential to justify this provision and the resources spent on it by continual follow up and ensuring not just delivery of but also compliance with the services??

The ground reality is right here. A recent visit to an M.C.D school in New Seemapuri, Shahadra North zone, revealed a heart rending truth. We entered the school expecting to see our country’s future hard at work, battling its innocent wits with the formidable magnitude of knowledge set to be achieved. But what we actually saw was far from what this institution was set up to accomplish.

At a modest budget of rupees 1.1 crores; a new building was set up in 2007-08, to become a fully functional institute of learning. This building was complete with class rooms, toilet for students, provision for drinking water and a table tennis room. While all of these facilities still exist, none of them are available or of use to the students.

Condition of toilets: The only existing toilet for the students is always locked, leaving the students with no choice except to relieve themselves in the unlikeliest of places. The very class rooms for study, the temples of knowledge, have turned into lavatories. The marks on the wall and pools of urine on the floor are a ghastly reality check of the inconvenience faced by the little children.

Drinking water facilities: In the hottest of summer days, the children have no way to satisfy their thirst since drinking water is not accessible. Due to the fear of taps being stolen, the staff has permanently sealed the room with provision of drinking water. Moreover, they have removed the taps and inserted wooden planks instead, to completely do away with the water supply. As a result, any child who requires water has to go home to satiate his need, only to suit the teacher’s objectives very well, as no child usually returns home once he’s gone home.

Lack of interest from teachers: During full school hours, we were greeted by children of the school in the play ground. The only problem was that it was not their P.T. period, and there was not a single teacher in sight to supervise their activities. This gathering of students outside the classes was a result of absence of teachers from the classroom during regular class periods. A dearth of teachers results in none of the scheduled classes being held. The school has 25 class rooms with a minimum of 70-80 students in each class (a total of about 1,800 children in the schools), whereas there are only 13–14 teachers for the entire school. These teachers seem to give more importance in amassing knowledge themselves, and can be often found preparing for courses they have enrolled for or reading other entertainment material. When questioned, they have lost interest in teaching as the number of children per class is too much for them to indulge in any effective knowledge sharing.

Illegal activities in the old building: The old building that exists still is being judiciously used by the illegal miscreants, who can slip in and out of the school complex unnoticed and unchecked. Using the vacant class rooms as their base, they shamelessly indulge in gambling, drug, tobacco and alcohol abuse, and other activities which the children of the school, at their tender age, should not be exposed to. You can see bunches of people, some students as well, huddled together engrossed in a game of cards, underage smoking and drug abuse. This building has turned into a public urinal of sorts and the marks on the walls relay this fact. Just about a month ago, a dead body was discovered in the toilet block of this old building. The death was attributed to consumption of SMACK. Such instances further add to the grim environment at school. Some parts of the block have been demolished since then, but are still home to the above activities.

Unsafe conditions at the new building: The new building sure seems to offer a better environment for education as compared to the old one. But the insides tell a different story altogether. The unhygienic conditions created by helpless students urinating in the classrooms are sure shot sources of diseases. Other unsafe factors too endanger the lives of the students. Naked wires hanging along the stairs and protruding through the walls is a hazard in itself. There is high possibility of unsuspecting students to touch the wires and get electrocuted.

Irresponsible behavior on the part of the Headmaster: If the absence of safety, law, order, discipline and education on the whole wasn’t enough, the head master has been adding to the woes of expectant parents by refusing admission to their wards. The head master of the school retired on April 30, 2008. Since his retirement was on the anvil, he refused to grant admissions to the students for the new term and has deferred all cases to the time the new head master comes in. This claim is supported by the fact that there has not been a single student admitted into classes 2nd to the 5th since the beginning of this term.

The story above is of a single MCD school visited. There will be hundreds of more that have escaped any such notice. Our efforts have always been and will be in the direction of helping people with their rights, helping people claim what has been promised to them and helping people to fight for what their deserve. The intention is to give them access to provisions that would make a better tomorrow and not to encourage them to make unreasonable demands. Our dilemma lies in the situation where the supplier promises but fails to deliver. It is the promise that sets us to work. Very simply put, if there were no such promises, these would be mere content people and if promises existed but no consequent breaches, organizations like ours would have no business. But we alone, although strong enough, are not sufficient to fulfill this objective. The support of the government inevitable. We would request you to come forward support our endeavor to make it better tomorrow.

Note: This report was presented to the Department of Education and appropriate action has been initiated on this front.