[eebill] High Court Order of 09.07.2004 re free seats

[Gita Dewan Verma]

Recd from Ashok Agarwal


>From: "Ashok" <socialjur at mantraonline.com>
>Subject: Imp. HC Order dt. 09.07.2004-Public Schools
>Date: Sat, 31 Jul 2004 15:33:23 +0530
>
>IN THE HIGH COURT OF DELHI AT NEW DELHI
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>W.P. (C) NO. 3156 OF 2002
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>(PUBLIC INTEREST LITIGATION)
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>IN THE MATTER OF:
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>Social Jurist                                                               
>                          ..Petitioner
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>Versus
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>Govt. Of N.C.T. Of Delhi & Ors.                                             
>  ..Respondents
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>ORDER
>09.07.2004
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>Present:            Mr. Ashok Agarwal for the Petitioner
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>                         Ms. Avnish Ahlawat for the Respondent.
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>                         Ms. Varsha Goyal for the Respondent  No. 3
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>             On 20.01.2004, the writ petition was disposed of by giving 
>various directions so as to see that the schools which are allotted plots 
>at concessional rates comply with the condition of providing free 
>education.  Surprisingly, although the order is of 20.01.2004, it appears 
>that the Government has come out with a case that the order order is to be 
>implemented or will be effective from 01.05.2004.  As a matter of fact, 
>after the judgment was pronounced, it was the obligation of all the schools 
>concerned to strictly adhere to the norms on which plots were allotted at 
>concessional rates for the purpose of erecting school buildings and for 
>running the schools thereafter.  Therefore, the Government shall place an 
>explanation before the Court as to how it has stated that the order will be 
>effective from 01.05.2004.
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>2.         It is contended by Mr. Aggarwal, the learned counsel for the 
>petitioner, that the unaided primary schools recognized by the MCD are not 
>referred to in the compliance report filed by the education department.  It 
>is for the land owing agencies to convey to the Court as to which 
>educational institutions were allotted plots at concessional rates with the 
>condition to provide freeship to students from weaker sections.  It may be 
>noted that the DDA, MCD and L&DO are parties before the Court.  With a view 
>to see that the order is complied with in it letter and spirit, they must 
>point out to the Court as to what action has been taken against the erring 
>schools and disclose the names of such schools which are required to be 
>dealt with strictly.  They must give adequate publicity in the newspapers 
>so that members of the public residing in Delhi may know that these are the 
>schools where students are entitled to get freeship or are required to be 
>provided education without payment of fees.  The Government should see that 
>it is not only widely published by advertisement in the newspapers, but in 
>each school where such facilities are to be provided, the Government must 
>insist that a notice is put up prominently in the notice board indicating 
>the obligation of the school.
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>3.         A complaint is made by the learned advocate that after the order 
>was passed by the Court, many students belonging to weaker sections went 
>with their parents for admission but were denied the same.  It is the duty 
>of the respondents and particularly of the Education Department to convey 
>the figures of admission given this year giving details about the number of 
>student who were given admission of account of the obligation to be carried 
>out by the schools.  This exercise shall be completed within a period of 
>six weeks.  The Education Department and the Government shall remind the 
>schools of their obligations.
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>4.         List the matter for compliance on 08.09.2004.  By that date 
>separate compliance reports be filed by the DDA, MCD, L&DO and also by the 
>Education Department.
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>Sd/-
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>  CHIEF JUSTICE
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>Sd/-
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>BADAR DURREZ AHMED,J
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>July 09, 2004
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>sd
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