July 21, 07 : Why admissions are denied to the children | Social Jurist

IN THE HIGH COURT OF DELHI AT NEW DELHI

W. P. (C) NO. 11831 OF 2006

(PUBLIC INTEREST LITIGATION)

IN THE MATTER OF:

Public Interest Litigation

AND

IN THE MATTER OF:

Writ petition under Article 226 of the Constitution of India

AND

IN THE MATTER OF:

Violation of Fundamental and Human Right to Education of large number of out of school children as guaranteed to them under Articles 21 and 21A of the Constitution of India read with Delhi Education Act, 1973, Delhi Primary Education Act, 1960 and UN Convention on the Rights of the Child (1989).

AND

IN THE MATTER OF:

Arbitrary denial of admission to large number of out of school children by ordinary Delhi government schools.

IN THE MATTER OF:

Constitution of India

Delhi School Education Act, 1973

Delhi Primary Education Act, 1960

UN Convention on the Rights of the Child (1989)

AND

IN THE MATTER OF:

Social Jurist, A Civil Rights Group

through Secretary Ms. Ritu Jain

478-479, Lawyers’ Chamber, Western Wing,

Tis Hazari Courts, Delhi-110054. ….Petitioner

Versus

Government of NCT of Delhi,

Through Director of Education,

Old Secretariat Building, Civil Lines,

Delhi – 54. …Respondent

THE HON’BLE CHIEF JUSTICE OF THE HIGH COURT OF DELHI AT NEW DELHI AND HIS COMPANION JUSTICES OF THE SAID HIGH COURT

The humble petition of the petitioner named above

MOST RESPECTFULLY SHOWETH:-

1. The petitioner by the present PIL has highlighted that large number of out of school children between the age group of 6 and 14 years are approaching government schools for admission in classes appropriate to their age and suitability but are denied admissions without any justification. In this petition the petitioner has highlighted the specific cases of 55 such children (35 girls + 20 boys). It is submitted that some of these children have undergone the process of studies at learning centers under Sarva Shiksha Abhiyan and have prepared themselves for admission to particular classes, some of them have studied in unrecognised private schools, some of them have studied in schools at their villages but have no certificates with them and some of them have never gone to school. All these children are the children of poor masses who could not come in the education system for one reason or another which include poverty, non-availability of school facilities, lack of awareness about the importance of education. It is submitted that the right to basic education is a basic human right of every citizen. Articles 21 and 21A of the Constitution of India mandates the State to provide free and compulsory education to all the children upto the age of 14 years. It is submitted that the girl children are the worst victims of the system. Older girls child looking after the siblings at home, girls engaged in labour, girls engaged in household chores have remained deprived of taking advantage of right to education. It is submitted that as the awareness and the necessity of receiving education have tremendously increased, the demand for educational facilities and opportunities has also increased. The government has failed on its part to provide adequate educational facilities and opportunities to the children, the denial of admission to large number of such children on one pretext or other, is violative of fundamental and human rights to education of the children. It is submitted that the government cannot deny admission to these children on any ground whatsoever may be. In fact, the government is required to double the schools keeping in view the increase in demand for basic education.

2. The facts of the case so far as relevant for the purposes of the present PIL are given in brief as under.

3. The Social Jurist, petitioner herein, is an organisation of lawyers and social activists dedicated to the cause of the common man and particularly of children. It is submitted that the present PIL has been filed in the larger public interest as the inaction on the part of the Government of Delhi to deny admission to large number of students in the ordinary government schools is without any justification. Not only this, It has also resulted in violation of fundamental and human rights to education of the children of this country.

4. The petitioner submits that in our country there are about 10 crore children below the age of 14 years who are out of school and are engaged in one or the other work and are the child labour. In Delhi alone, there are about 15 lakhs such child labours. It is submitted that the basic education is very necessary for every human being. It is submitted that the right to education is a human and fundamental right of every child upto the age of 14 years as guaranteed in Articles 21 and 21A of the Constitution of India read with UN Convention on the Rights of the Child.

5. The petitioner submits that on 10.7.2006 they have sent a phonogram to the Education Minister of Delhi and also to the Director of Education bringing to their notice that the Government Schools are denying admissions to the children on mass scale and were requested to ensure that children are not denied admission. However, the petitioner has not received any response from their side.

6. The petitioner submits that the Right to Education Task Force, a unit of petitioner organisation had organised a day long camp at Delhi on 16.7.2006 in which several lawyers recorded complaints from parents and students against the government of Delhi as the student children were denied admission in government schools on one pretext or another. It is submitted that the following is the list of out of school children who have approached Right to Education Task Force in the camp and lodged their complaints in regard to denial of admission.

LIST OF OUT OF CHILDREN DENIED ADMISSION

Name Age Address Seeking School Refusing

Admission Admission

in Class

1. Jyoti K – Block Jhuggi, 6th GGSSS, K - Block

Jahangir Puri, Delhi Jahangir Puri

2. Meena Kumari K – Block Jhuggi, 8th GGSSS, K - Block

Jahangir Puri, Delhi Jahangir Puri

3. Jyoti Kumari K – Block Jhuggi, 6th GGSSS, K - Block

Jahangir Puri, Delhi Jahangir Puri

4. Tabassum 14 yr. Street no. 4, Shrada 7th GGSSS, Libaspur

Nand, delhi Delhi

5. Amina 13 yr. C. No. 425, Kalender 6th GGSSS, Libaspur

colony, delhi Delhi

6. Soniya 14 yr. C.No. 425, Bhalswa 6th GGSSS, Libaspur

Dairy, delhi Delhi

7. chandani 11 yr. G. No. 4, Rajeev 6th GGSSS, Libaspur

Nagar, Delhi Delhi

8. Kiran 12 yr. G. No. 44, Rajeev 6th GGSSS, Libaspur

Nagar, delhi Delhi

9. Chetna 14 yr. C. No. 557, Rajeev 6th GGSSS, Libaspur

Nagar, delhi Delhi

10. Manisa 13 yr. G. No. 6, Rajeev 6th GGSSS, Libaspur

Nagar, delhi Delhi

11. Shama 11 yr. G. No. 7, Rajeev 6th GGSSS, Libaspur

Nagar, delhi Delhi

12. Doli 12 yr. B - 120, Rajeev 6th GGSSS, Libaspur

Nagar, delhi Delhi

13. Alka 13 yr. B - 122, Rajeev 6th GGSSS, Libaspur

Nagar, delhi Delhi

14. Anjali 11 yr. G. No. 10, Rajeev 6th GGSSS, Libaspur

Nagar, delhi Delhi

15. Khushi 12 yr. G.No. 8, Rajeev 6th GGSSS, Libaspur

Nagar, delhi Delhi

16. Geeta 12 yr. G. No. 13, Rajeev 6th GGSSS, Libaspur

Nagar, delhi Delhi

17. Aasna 13 yr. C. No. 212, Vishw 6th GGSSS, Libaspur

nath Puri, delhi Delhi

18. Archna Goswami 13 yr. C. No. 411, Vishw 6th GGSSS, Libaspur

nath Puri, delhi Delhi

19. Afsana 12 yr. A2- 443, Bhalaswa 8th GGSSS, Libaspur

JJ Colony, delhi Delhi

20. Seema 12 yr. C2- 288, Bhalaswa 6th GGSSS, Libaspur

JJ Colony, delhi Delhi

21. Minakshi 13 yr. B4- 103, Bhalaswa 6th GGSSS, Libaspur

JJ Colony, delhi Delhi

22. Anita 14 yr. B4- 103, Bhalaswa 7th GGSSS, Libaspur

JJ Colony, delhi Delhi

23. Poonam 16 yr. B4- 103, Bhalaswa 8th GGSSS, Libaspur

JJ Colony, delhi Delhi

24. Ram 13 yr. C. No. 424, Kalender 6th GBSSS, Libaspur

colony, delhi Delhi

25. Jatan 11 yr. G. No. 5, Rajeev 6th GBSSS, Libaspur

Nagar, delhi Delhi

26. Umesh 11 yr. A - 7, Rajeev 6th GBSSS, Libaspur

Nagar, delhi Delhi

27. Aasif 12 yr. G. No. 3, Rajeev 6th GBSSS, Libaspur

Nagar, delhi Delhi

28. Salmaan 13 yr. G. No. 8, Rajeev 6th GBSSS, Libaspur

Nagar, delhi Delhi

29. Babu 12 yr. A - 654, Rajeev 6th GBSSS, Libaspur

Nagar, delhi Delhi

30. Sumit 13 yr. E - 109, Rajeev 6th GBSSS, Libaspur

Nagar, delhi Delhi

31. Alfaz 13 yr. B - 96, Rajeev 6th GBSSS, Libaspur

Nagar, delhi Delhi

32. Munna 13 yr. A - 216, Rajeev 6th GBSSS, Libaspur

Nagar, delhi Delhi

33. Saif Ali Khan 11 yr. G-850, Jahangir Puri 6th GBSSS, E - Block

Delhi Jahangir Puri

34. Afsana - - 9th GGSSS, E - Block Jahangir Puri

35. Yameen - E 329, Jahangir 8th GBSSS, E Block

Puri, Delhi Jahangir Puri

36. Bharti - K – 162, Jahangir 6th GGSSS, K Block

Puri, Delhi Jahangir Puri

37. Sumeet - K. No. 557, Rajeev 6th GBSSS, A Block

Nagar, Delhi – 42 Libaspur, Delhi

38. Afsana - A2 / 494, Bhalaswa 8th GGSSS, Libaspur

JJ Colony, Delhi Delhi

39. Kishan Yadav - - 7th GBSSS, K Block Jahangir Puri

40. Shorab Alam - - 9th GBSSS

Jahangirpuri

41. Afsar 13 yr. G-Block, Jahangir

puri, Delhi 7th -

42. Kirti 11 yr. K 1376, Jahangir

puri 7th GGSSS A – Block

Jahangirpuri

43. Sabina 14 yr. C 2/288, Balawa J.J.

Colony - (Never gone to school)

44. Ram Sunder Sahni - K 754, Jahangirpuri, 6th GBSSS K - Block

Delhi Jahangirpuri

45. Rupa Kumari H 499, Jahangirpuri 6th GGSSS K Block

Delhi Jahangirpuri

46. Suman - B – 727, Jahangir 7th GGSSS, K- Block

Puri, Delhi Jahangir puri

47. Nazia Parveen 16 yrs J - 827, Jahangir 9th GGSSS, K- Block

Puri, Delhi Jahangir puri

48. Pradeep Kumar - B – 337, Jahangir 6th GBSSS, A- Block

Puri, Delhi Jahangir puri

49. Sonu Kandpal - E – 58, Jaitpur Ext. 7th GBMS, Moladband

Delhi - 44 Delhi

50. Priyanka Gupta - K – 289, Jahangir 7th GGSSS, K - Block

Puri, Delhi Jahangir Puri

51. Jasmine - Shahid Nagar, Old 9th Sarvodaya Girls School

new Seemapuri, Delhi Seemapuri, Delhi

52. Naresh kumar - J – 1597, Jahangir 9th GBSSS, A - Block

Puri, delhi Jahangir puri

53. Seema Jatav - 134, Bhalaswa 7th Sarvodaya vidhalaya

Vill.age , delhi K block, Jahangir puri

54. Sonia - D 220, Bhalaswa 9th GGSSS, A - Block

Vill.age, delhi Jahangir puri

55. Barkha - A 1376, Jahangir 8th GGSSS, A - Block

Puri, delhi Jahangir puri

7. The petitioner submits that the children at serial no. 1 to 32 are the children who have undergone the process of learning through learning centers of the Government of Delhi through NGOs established under Sarva Shiksha Abhiyan. It is submitted that children at the serial no.1 to 3 have studied in the learning centers run by the NGO Prayas and serial no. 4 to 32 have studied in the learning centers run by the NGO Asha. It is submitted that these NGO’s have prepared these children for mainstreaming in the government schools in the classes appropriate to their age and suitability. It is submitted that NGO Asha vide letters dated 14.7.2006 requested the Principal of the Government Girls Sr. Sec. School and Government Boys Sr. Sec. School, Liwaspur, Delhi to admit 20 girls and 11 boys in classes appropriate to their age and suitability. However, the Principals of the said schools refused to entertain the request of the said NGO’s. It is submitted that these and other similar NGO’s are funded by the government of Delhi who run the learning centers in order to prepare the children in a period of one year for mainstreaming them in the main government schools. It is unfortunate that the government schools have declined to grant admission to these children. It is submitted that denial of admission to these children is not only contrary to the policy of government to bring all the children particularly upto 14 years of age in the main school system but it also exposes the policy of the government that on ground reality, these children are not allowed to enter into main school system and are forced to continue to be out of school.

True copies of the letters dated 14.7.2006 of NGO Asha along with the list of children is enclosed hereto as Annexure – A (Colly)..

8. The petitioner submits that the cases of other children are either of earlier studying in the unrecognised schools or they have studied in their village schools having no documents with them. All these children have been regularly approaching the government schools and also authorities but nothing has been done and ultimately, they have left with no other alternative but to lodge complaints with Right to Education Task Force which is spear-heading a mass movement in favour of universalization of school education.

True copies of some of the application having been written by some of these children are enclosed hereto as Annexure – B. (Colly)

9. The petitioner submits that under the provisions of Delhi School Education Act, 1973, out of school children are entitled to admission in the government schools subject to their suitability. It is submitted that it is the obligation of the State Government to ensure that all the children are in school and not at work place. It is also submitted that Delhi Primary Education Act, 1960 mandates the State to bring all out of school children in the mainstream school system.

10. The petitioner submits that government of Delhi by refusing admission to aforementioned children and other similarly situated children are just promoting child labour, which is a biggest evil in the society.

11. It is submitted that most of the government schools are denying admission to these children on one pretext that their schools are already overcrowded and insufficient to accommodate any more children. It is submitted that the absence of adequate infrastructure cannot be a valid ground to deny admission to these children. It is submitted that the demand of admission has tremendously been increased but the schools and infrastructure therein has not been increased to that extent. It is unfortunate that government though fully aware of the fact that there are lakhs of children who are ready to be in school is not prepared to accept them.

12. The petitioner submits that the above mentioned cases also exposes the fact that the government is making false propaganda through press and otherwise that they are not denying admission to any child and that they are providing good quality education. It is submitted that the government has failed to perform its constitutional and statutory duties.

13. The petitioner submits that they have not filed any similar petition either in the Hon’ble Supreme Court or in any High Court in India.

14. The petitioner submits that they have no other efficacious alternative remedy except to approach this Hon’ble Court by way of present PIL.

15. In the premises aforesaid, the petitioner most humbly prays that this Hon’ble Court may be pleased to;

(a) issue appropriate writ, order or direction directing the respondent to forthwith grant admission to these children and also ensure that no other similarly situated out of school children is denied admission in the government schools;

issue appropriate writ, order or direction directing the respondent to forthwith increase the number of schools and infrastructure therein to the extent of demand having been increased;

pass any such order(s) or direction(s) as this Hon’ble Court may in the facts and circumstances of the present case deem fit & proper in favour of the petitioner and against the Respondents; and

allow the present PIL with costs.

New Delhi (Ashok Agarwal)

Dated: 21.07.2