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Monday, 23 April 2012

GOVT RUN RPVVS FAIL TO ADMIT 1400 STUDENTS IN IV CLASS IN 2012-13 SESSION – SOCIAL JURIST MOVES DELHI HIGH COURT


GOVT RUN RPVVS FAIL TO ADMIT 1400 STUDENTS IN IV CLASS IN 2012-13 SESSION – SOCIAL JURIST MOVES DELHI HIGH COURT
 
Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal has filed petition on 20 April 2012 in Delhi High Court highlighting the fact that Delhi Government have again not started the process of admission of as many as 1400 students in Class VI in its 17 Rajkiya Pratibha Vikas Vidyalayas (RPVVs) in the current academic year 2012-13, though the academic year has already started from 1st April, 2012.
 
Petition says that the Government appears to be adamant to not to start the process of admission in Class VI in the academic year 2012-13. The Government are not justified in withholding the process of admission in Class VI in RPVVs. This inaction on the part of the Government  is no less a criminal negligence as much as the same would result in non-utilisation of both physical and academic infrastructure available for the quality education of such students in these  Rajkiya Pratibha Vikas Vidyalayas (RPVVs).  On the other hand, the ordinary Government Schools are not only over crowded but also sans quality physical and academic infrastructure.
 
"This inaction on the part of the Government is in violation of the fundamental rights of the school aged students as guaranteed to them under Articles 14 (right to equality), 21(right to life with dignity), 21-A right to quality education) and 38 (right to social justice) of the Constitution of India read with the provisions of Right of Children to Free & Compulsory Education Act, 2009", Social Jurist submitted in the petition.
 
The hearing is likely in the next week.
 
Ashok Agarwal, Advocate
M-09811101923
21 April 2012
 
 
 
IN THE HIGH COURT OF DELHI AT NEW DELHI
C.M. NO.____ OF 2012
IN
W.P. (CIVIL) No. 7796/2011
 
[Public Interest Litigation]
 
IN THE MATTER OF:
 
Social Jurist, A Civil Rights Group                 …… Petitioner
 
VERSUS
 
Govt. of NCT of Delhi & Anr.                      …… Respondents
 
APPLICATION ON BEHALF OF THE PETITIONER
UNDER SECTION 151 OF CPC FOR DIRECTIONS
 
RESPECTFULLY SHOWETH:
 
1.      The petitioner has filed the above Public Interest Litigation (PIL) highlighting the facts that the Directorate of Education, Govt. of NCT of  Delhi has not started the process of admission of as many as 1400 students in Class VI in its 17 Rajkiya Pratibha Vikas Vidyalayas (RPVVs) in the academic year 2011-12 resulting in non- utilizing of both physical and academic infrastructure  available for the education of such students in these Vidyalayas (RPVVs). It was submitted that the respondents have been withholding the process of admission without any justification thereby depriving as many as 1400 students to take benefit of good quality education.  It was submitted that though the academic session has already been started from 1.4.2011 but till date, the respondents has not even started the process of admission.  It was submitted that the impugned inaction on the part of the respondents has resulted in violation of  fundamental rights of the school aged students, as guaranteed under Articles 14, 15, 21, 21A and 38 of the Constitution of India read with the provisions of  Right of Children to Free & Compulsory Education Act, 2009.
 
2.      That the said PIL came up for hearing before a Division Bench of this Hon'ble Court on 14.12.2011 and the Hon'ble Judges were pleased to dispose of the same with the directions reproduced as under:-
 
"5.  The academic session started in April, 2011; it may not be possible  to now make admissions.  In these circumstance suggestion is mooted by the petitioner in its Rejoinder affidavit that the students from other Government Schools can be transferred to RPVVs; if this procedure is adopted, on one hand the Government run schools which are presently overcrowded would get a relief and on the other hand at least 1400 students would be able to go into better education system provided by RPVVs.  This suggestion is acceptable to the respondents.  We accordingly direct the respondent to transfer 1400 students of class VI from government gchools to RPVVs as per its Policy."
 
3.      The petitioner respectfully submits that the respondents did not comply with the directions having been given by this Hon'ble Court on 14.12.2011 which led to filing of a Contempt Petition (Cont. Cas (C) No.176/2012) against the Respondents and the same is pending disposal before this Hon'ble Court and is fixed for hearing for 19.9.2012.
 
4.      The grievance of the petitioner in the present application is that the respondents have again not started the process of admission  of as many as 1400 students in Class VI in its 17 Rajkiya Pratibha Vikas Vidyalayas (RPVVs) also in the current academic year 2012-13,  though the academic year has already started from 1stApril, 2012.
 
5.      The petitioner submits that the petitioner has sent a representation dated 09.04.2012 to the Director of Education,  Govt. of  NCT of  Delhi thereby requesting him to start the process of admission of students in 1400 seats in Class VI in Rajkiya Pratibha Vikas Vidyalayas (RPVVs) in the academic year 2012-13 immediately.  It is submitted that the petitioner has not received any response to the said representation from the Directorate of Education, till date.
 
                   A copy of the representation dated 09.04.2012 is enclosed hereto and marked asAnnexure A-1.
 
6.      The petitioner submits that the Director of Education  has given an advertisement on 18.04.2012 for admission in Class IX in its 17 Rajkiya Pratibha Vikas Vidyalayas (RPVVs) in the academic session 2012-13 but at the same time no advertisement till date has been issued in regard to admission of 1400 students in Class VI in these RPVVs in the academic year 2012-13.
 
                   A true copy of the advertisement dated 18.04.2012 is enclosed hereto and marked asAnnexure A-2.
 
7.      The petitioner submits that the respondents appears to be adamant to not to start the process of admission in Class VI in the academic year 2012-13.  It is respectfully submitted that the respondents are not justified in withholding the process of admission in Class VI in RPVVs.  It is also respectfully submitted that the said inaction on the part of the respondents is  less a criminal negligence as much as the same would result in non-utilisation of both physical and academic infrastructure available for the education of such students in these  Rajkiya Pratibha Vikas Vidyalayas (RPVVs).  On the other hand, the ordinary Government Schools are not only over crowded but also san quality physical and academic infrastructure.  It is also submitted that the said inaction on the part of the respondents is in violation of the fundamental rights of the school aged students as guaranteed to them under Articles 14, 15, 21, 21A and 38 of the Constitution of India read with the provisions of Right of Children to Free & Compulsory Education Act, 2009.
 
 
 
PRAYER
 
It is therefore, most humbly prayed that this Hon'ble Court may be pleased to :-
 
(i)      direct the respondents to forthwith start the process of admission of 1400 students in Class VI in its 17 Rajkiya Pratibha Vikas Vidyalayas (RPVVs) in the academic session 2012-13;
 
(b)     pass any such other or further order or direction as this Hon'ble Court may in the facts and circumstances of the present case deem fit and appropriate, in favour of the petitioner and against the respondents.
 
 
Ashok Agarwal & Khagesh B. Jha
Advocates for the Petitioner
483, Block-II, Lawyers Chambers,
Delhi High Court, New Delhi – 110003
Ph: 23384000, Mob-9811101923
Place: New Delhi
Dated: 20.04.2012