A petition through Advocate Ashok Agarwal has been moved in Delhi High Court highlighting that the Delhi Govt & MCDs has yet not provided text book, writing material and uniform to the nearly 16 lac students studying in their schools at elementary level though the session has already started from 01.04.2016.
It is submitted that in Fee Charging Pvt. Schools, the students get text books, uniform, and writing material even on a day or two before the commencement of the academic year which are used by the students on the commencement of the academic year. However, in the present case nearly 16 lac students studying at elementary level in the Delhi Govt. and MCDs run schools have not been provided with text books, writing material, and uniform as contemplated under Rule 8 Delhi Right of Children to Free and Compulsory Education Rules, 2011 till date though the academic year 2016-2017 has already commenced from 1st April 2016.
It submitted that the Govt. of Delhi and MCDs are unconcerned to the rights of the students studying in their schools, because these students belong to lower and poor strata of the society.
The petition is coming up for hearing on 18.04.2016 before Justice Manmohan.
IN THE HIGH COURT OF DELHI AT NEW DELHI
C.M. No. 13327 of 2016
IN
W.P. (C) NO. 8773 OF 2015
IN THE MATTER OF :
MASTER SATYAM PRAJAPATI (MINOR) THROUGH
HIS NEXT FRIEND AND NATURAL FATHER … PETITIONER
VERSUS
NORTH DELHI MUNICIPAL CORPORATION & ANR. …RESPONDENTS
APPLICATION ON BEHALF OF THE PETITIONER U/S 151 CPC OR DIRECTIONS
MOST RESPECTFULLY SHOWETH:
- The above writ petition was directed against impugned failure on the part of North Delhi Municipal Corporation and Govt. of NCT of Delhi to make available writing material (5 subject note books plus one drawing book) as required under Rule 8 of Delhi Right of Children to Free and Compulsory Education Rules, 2011 to the petitioner though the period of more than five months had elapsed since commencement of the academic year 2015-2016.
- It was also highlighted that Rule 8 of Delhi Right of Children to Free and Compulsory Education Rules, 2011 contemplates free writing material and what is provided for do not constitute adequate writing material to which all students at elementary level are entitled to.
- The petitioner submits that during the pendency of the above writ petition the North Delhi Municipal Corporation provided to the petitioner and other students 5 subject note books plus one drawing book in the academic year 2015-2016.
- The petitioner also invites the attention of this Hon’ble Court to the order dated 26.02.2016 passed by the this Hon’ble Court which is reproduced as under :-
O R D E R %
26.02.2016
One of the issues that arises for consideration in the present proceeding is whether five subject note books and one drawing book constitutes adequate writing material under Rule 8 of the Delhi Right of Children to Free and Compulsory Education Rules, 2011. The Directorate of Education, Government of Delhi, is directed to place on record its views in the matter by way of an affidavit within a period of four weeks. List the matter on 25th April, 2016.
MANMOHAN,
J FEBRUARY 26, 2016
- The petitioner respectfully submits that nearly 4 lac students are studying in classes I – VIII in NDMC schools. It is submitted that what to talk about adequate writing material to the students including the petitioner, these students have not even been given five subject note books plus one drawing book till date though the academic session of 2016 – 2017 has already commenced from 1stApril 2016. The petitioner also submits that nearly 4 lac students are studying classes I- VIII in SDMC and EDMC run schools and these students have also not been provided with five subject note books plus one drawing book till date in the academic year 2016 -2017.
- The petitioner also submits that nearly 8 lac students are studying in classes I- VIII in the Government run schools and even these students have not so far been provided with any kind of writing material in the academic year 2016-2017.
- The petitioner submits that in Fee Charging Pvt. Schools, the students get text books, uniform, and writing material even in a day or two before the commencement of the academic year which are used by the students on the commencement of the academic year. However , in the present case nearly 16 lac students studying at elementary level in the Delhi Govt. and MCDs run schools have not been provided with text books, writing material, and uniform as contemplated under Rule 8 Delhi Right of Children to Free and Compulsory Education Rules, 2011 till date though the academic year 2016-2017 has already commenced from 1st April 2016.
- It submitted that the Govt. of Delhi and MCDs are pathetic and unconcerned to the rights of the students studying in their schools, because these students belong to lower and poor strata of the society.
It is therefore, prayed that this Hon’ble Court may be pleased to direct Govt. of Delhi and MCDs to forthwith provide text books, adequate writing material and uniform to the students of classes I – VIII in terms of Rules 8 Delhi Right of Children to Free and Compulsory Education Rules, 2011.
ASHOK AGARWAL, AARUSHI AGRWAL
Counsels for the petitioner
483, Block II, Lawyers’ Chambers
Delhi High Court, Delhi-03
M: 9811101923
New Delhi
Dated: 06.04.2016
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