[eebill] Contempt Notice-DC office occupied MCD School (Social Jurist)

[Gita Dewan Verma]

Also news report, at: 
http://www.hindu.com/2005/01/22/stories/2005012214490300.htm




>From: "Ashok" <socialjur at mantraonline.com>
>Date: Sat, 22 Jan 2005 12:49:36 +0530
>
>SOCIAL JURIST
>
>        A LAWYERS GROUP
>
>478-479, Lawyers Chamber, Western Wing,
>
>Tis Hazari Courts, Delhi-110054
>
>Phone : 23910014, Fax : 23986541
>
>                     E-mail-socialjur at mantraonline.com
>
>Website:www.socialjurist.com
>
>
>
>21.01.2005
>
>
>
>To,
>
>             The Commissioner,
>
>Municipal Corporation of Delhi,
>
>Town Hall, Chandni Chowk,
>
>Delhi-110006.
>
>
>
>Dear Sir,
>
>
>
>                         It is brought to your notice that the entire 
>school premises of MCD Boys School, Bowana has been occupied by the office 
>of the Deputy Commissioner (MCD) since 1st January 2005 and all the 700 
>students studying in the said have been shifted to other schools to the 
>disadvantage of these students and in contempt of High Court Orders.  The 
>MCD Primary Girls School, Bowana (old) has been converted into double shift 
>school from 01.01.2005 and 100 girls who were studying in MCD Primary Boys 
>School, Bowana have been shifted to the 2nd shift of MCD Primary Girls 
>School, Bowana (old).  This is the only case where the girl students have 
>been forced to study in the 2nd shift.  There is no other MCD school where 
>girl students study in 2nd shift.  This move of the MCD has been strongly 
>opposed by the parents of these girl students.    The students of six 
>sections of MCD Primary Boys School, Bowana have been shifted to MCD 
>Primary School, Ishwar Colony, Bowana which is 1 km. from the site of their 
>earlier school.  Why this school has been virtually closed when there is 
>need of more schools to be opened?
>
>
>
>                         In July 2002, Social Jurist filed a PIL (Civil 
>Writ No. 4032/2002) in Delhi High Court highlighting that the municipal 
>dispensary was being run in the premises of the MCD Boys School, Bowana by 
>occupying two classrooms, one multi purpose room and a toilet block thereby 
>depriving more than 750 school children of class 1 to 5 (both boys and 
>girls) not only of the benefit of classrooms, multi-purpose room and toilet 
>block but also of the playground.  It was also highlighted that the 
>municipal dispensary was run during the school hours resulting in entry of 
>large number of patients, their relatives etc. in the school premises which 
>roam in and around the playground and classrooms of the children causing 
>disturbance to the studies of the children.  It was submitted that 
>dispensary employees throw open the medical waste including used syringes 
>in the playground and the same were picked up by the school children 
>endangering their lives.  It was submitted that the said action on the part 
>of the MCD was not only in violation of the rights of the children as 
>guaranteed to them under Articles 21 and 45 of the Constitution of India 
>read with Delhi School Education Act, 1973, Delhi Primary Eduction Act, 
>1960 and UN Convention on the Rights of the Child but also in violation of 
>the orders dated 16.02.2001 of a Division Bench of Delhi High Court passed 
>in PIL (CW. 5329 of 1997) wherein the Hon'ble Judges observed  "We can not 
>permit the MCD to open its offices in schools and deprive the children of 
>their classrooms."
>
>
>
>                         When the above said PIL (CW No. 4032/2002) came up 
>for hearing before the High Court on 02.08.2002,  the High Court directed 
>you to remove the dispensary from the school premises on or before 31st 
>January 2003 and hand over the possession of the class rooms etc. to the 
>school after the same were vacated by MCD.  Pursuant to the said Orders, 
>the MCD removed the dispensary and handed over the classroom etc. to the 
>school.
>
>
>
>                         It is shocking that now the Deputy Commissioner 
>Office of MCD has been allowed to function from the premises of MCD Boys 
>School, Bowana and the children studying therein were arbitrarily shifted 
>to other schools.  This action on your part goes against the letter and 
>spirit of the aforementioned orders of the Hon'ble High Court and 
>tentamounts to contempt of the High Court which attract penal action 
>against you.
>
>
>
>                         It is, therefore, demanded that the Deputy 
>Commissioner office should be removed immediately from the premises of the 
>MCD Primary Boys School, Bowana and all the students shifted therefrom 
>should be brought back to the school and the school should be used only for 
>the purpose of the school and nothing else. If it is not done, we will 
>approach the High Court with contempt petition against you.  Please note.
>
>
>
>Thanking you,
>
>Yours Sincerely,
>
>
>
>(Ashok Agarwal)
>
>Advocate
>
>Advisor, Social Jurist
>
>
>

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