SOCIAL JURIST MOVES DELHI HC SEEKING 2 YEARS PRE-PRIMARY CLASSES IN ALL GOVT & LOCAL BODIES RUN MAIN SCHOOLS IN DELHI
Social Jurist, A Civil Rights Group through Advocate Ashok Agarwal has today filed a PIL in Delhi High Court seeking directions against the Government of Delhi, and Local Bodies to start 2 years of Pre-Primary (Pre-primary & Pre-school) Classes in their formal schools from the academic year 2012-13 and no child of 3+ age in Pre-school and 4+ age in Pre-primary class is denied admission. The petition states that in terms of Section 11 of RTE Act, 2009, the respondents are obliged to start 2 years of Pre-Primary (Pre-primary & Pre-school) Classes in all their formal schools where children of 3+ in Pre-school. The PIL is likely to come up for hearing next week.
Ashok Agarwal, Advocate
M-09811101923
10 May 2012
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P. (C) NO. ______________ OF 2012
(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:
Failure on the part of the Govt. of NCT of Delhi, Municipal Corporation of Delhi, New Delhi Municipal Council and Delhi Cantonment Board to have 2 years of Pre-primary and Pre-school Classes in all their formal schools where the children of 3+ age in Pre-school and children of 4+ age in Pre-primary would be eligible to be admitted and would continue their education in the school;
AND
IN THE MATTER OF:
Violation of fundamental right to education of young children as guaranteed to them under Articles 14, 15, 21, 21A, 38 and 39 of the Constitution of India read with the provisions of Right of Children to Free and Compulsory Education Act, 2009;
AND
IN THE MATTER OF:
Judgment/Order dated 27.10.2012 of a Division Bench of Hon'ble Delhi High Court passed in PIL (W.P. (C) No.7802/2011) entitled: "Social Jurist, a Civil Rights Group v. Govt. of NCT of Delhi & Anr."
AND
IN THE MATTER OF:
(1) Constitution of India
(2) Delhi Scho0ol Education Act, 1973
(3) Right of Children to Free and Compulsory
Education Act, 2009
AND
IN THE MATTER OF:
Social Jurist, A Civil Rights Group,
Through Co-ordinator
Advocate M.N. Singh,
478-479, Lawyers' Chambers,
Western Wing, Tis Hazari Courts,
Delhi-110054
and having its Registered Office at
Registered Office at C-29, Janyug Apartments,
Sector-14 Extension,
Rohini, Delhi-110085 ..... Petitioner
Versus
1. Govt. of NCT of Delhi
Through its Chief Secretary,
Delhi Secretariat,
I.P. Estate,
New Delhi-110 002.
2. Municipal Corporation of Delhi
Through its Commissioner,
4th Floor, SPM Civic Centre,
J.L. Nehru Marg,
New Delhi-110002.
3. New Delhi Municipal Council
Through its Secretary,
Palika Bhawan, Palika Kendra,
Sansad Marg,
New Delhi-110 001.
4. Delhi Cantonment Board,
Through its Secretary,
Sadar Bazar,
Delhi Cantt.
New Delhi-110010 …. Respondents
To
THE HON'BLE CHIEF JUSTICE OF HIGH COURT
OF DELHI AT NEW DELHI AND HIS COMPANION
JUSTICES OF THE SAID HIGH COURT
The humble petition of the petitioner above named
MOST RESPECTFULLY SHOWETH:
1. The petitioner submits that it has no personal interest in the litigation and that the petition is not guided by self gain or for gain of any other person/institution/body and that there is no motive other than of public interest in filing the present writ petition.
2. The petitioner submits that it is very much involved in the matter of implementation of Right of Children to Free and Compulsory Education Act, 2009 and has been frequently interacting with the education authorities of Govt. of NCT of Delhi and the source of averments made in the present writ petition is his personal knowledge.
3. The petitioner submits that the present PIL is for the benefit of young children of 3+ age and 4+ of age belonging to downtrodden strata of society as they are incapable of assessing the courts themselves.
4. The petitioner submits that the Govt. of NCT of Delhi, Municipal Corporation of Delhi, New Delhi Municipal Council and Delhi Cantonment Board are likely to be affected by the Orders sought in the writ petition and which have been impleaded as Respondents. The petitioner says that to its knowledge, no other persons/bodies/institutions are likely to be affected by the Order sought in the writ petition.
5. Social Jurist, A Civil Rights Group, the petitioner herein, is an organization of lawyers and social activists dedicated to the cause of common man and particularly to the rights of the children relating to education and health. Advocate M.N. Singh is the Coordinator of the petitioner/organization and is authorized and competent to file and prosecute the present writ petition on behalf of the petitioner. The petitioner is an organization having Registered Office at C-29, Janyug Apartments, Sector-14 Extension, Rohini, Delhi-110085. It is submitted that Advocates Kusum Sharma, Anuj Aggarwal and Rohini Aggarwal are the President, Secretary and Treasurer respectively of the petitioner/organization. The petitioner submits that it has the means to pay costs, if any, imposed by this Hon'ble Court and submits it's undertaking to this Hon'ble Court in that regard.
6. The petitioner by the present PIL has highlighted the failure on the part of the Govt. of NCT of Delhi, Municipal Corporation of Delhi, New Delhi Municipal Council and Delhi Cantonment Board to start 2 years of pre-primary (Pre-primary and Pre-School) classes in their formal schools where children of 3+ age in Pre-School and children of 4+ age in Pre-primary would be eligible to be admitted and to continue their studies in such formal schools.
7. The petitioner has also highlighted that though some of the schools run by the Govt. of NCT of Delhi and Municipal Corporation of Delhi have Pre-primary Classes (Pre-primary only) but in such schools all eligible children are not granted admission on the alleged ground that such schools have limited number of seats in Pre-primary class. It is submitted that the impugned failures on the part of the Respondents violate the fundamental right of children as guaranteed to them under Articles 14, 15, 21, 21A, 38 & 39 of the Constitution of India read with the provisions of Delhi School Education Act, 1973 and Right of Children to Free & Compulsory Education Act, 2009 and U.N. Convention on the Rights of Children. It is also submitted that the impugned failure on the part of the Respondents is also contrary to the law laid down by a Division Bench of this Hon'ble Court in PIL (W.P. (C) No.7802/2011) entitled: "Social Jurist, a Civil Rights Group v. Govt. of NCT of Delhi & Anr.".
8. The facts of the case so far as relevant for the purpose of the present writ petition are given in brief, as under.
9. The details of the PIL previously filed by the Petitioner are as under:-
| S. No. | Case Title | Issue | Date of Decision
| Decision |
| 1. | Social Jurist, a Civil Rights Group v. UOI & Ors. (W.P.(C) No.12490/06 filed before this Hon'ble Court | 1) What should be the entry age for children in the school?
2) Whether there should be uniformity amongst all the schools in regard to pre-primary classes? | 26.9.2007 | In view of the fact that a decision on the basis of the reco-mmendations of the Ganguly Committee, the PIL was disposed off. |
| 2. | Social Jurist, A Civil Rights Group v. Govt. of NCT of Delhi & Anr. [W.P. (C) No.7802/2011] filed in the Hon'ble Delhi High Court | Whether Pre-primary or Pre-school is the entry class for the purpose of admission | 27.1.2012 | The provisions of Right of Children to Free & Compulsory Education Act, 2009 permits unaided private schools to start their formal schooling from Pre-school Class where children of 3+ years age are eligible to be admitted and continue to study in such schools. |
10. The petitioner submits that it has earlier filed PIL (Writ Petition (C) No.12490/2006 in this Hon'ble Court highlighting the fact that different unaided recognized private schools in Delhi were adopting different aged criteria for admission of children in Nursery Class and sought directions from this Hon'ble Court against the Govt. to ensure that all the schools must follow uniform age criteria in accordance with the provisions of Section 16 of Delhi School Education Act, 1973 which provides that a child who has not attained the age of 5 years shall not be admitted in Class-I in a recognized school.
11. The petitioner submits that this Hon'ble Court vide Orders dated March 07, 2007 in the above PIL [W.P. (C) No.12490/2006] constituted Ashok Ganguly Committee to try and find out a viable and comprehensive policy for Pre-primary education in Delhi so that admission to the Pre-primary Class/Classes as the case may be is made homogeneous and uniform.
A true copy of the said Order dated 07.03.2007 is enclosed hereto and marked as Annexure-A.
12. The petitioner submits that pursuant to afore-mentioned Order dated 07.03.2007, the Ganguly Committee after taking into consideration various relevant facts and materials, prepared its' report and recommendations dated 31.03.2007 and submitted the same to the Govt. of NCT of Delhi for further action.
A true copy of the said report and recommendations dated 31.03.2007 is enclosed hereto and marked as Annexure-B.
13. The petitioner submits that the Govt. of NCT of Delhi filed its affidavit dated 05.09.2007 in the aforesaid Writ Petition (C) No.12490/2006 whereby the Govt. of NCT of Delhi conveyed to this Hon'ble Court that they have accepted the entire recommendations of Ashok Ganguly Committee and undertook to implement the same from the academic year 2008-09.
A copy of the said Delhi Government's affidavit dated 05.09.2007 is enclosed hereto and marked asAnnexure-C.
14. The petitioner submits that this Hon'ble Court accepting the said Affidavit of the Director of Education, passed a final Order dated 26.09.2007, disposing off the said PIL [W.P. (C) No.12490/2006].
A true copy of the said Order dated 26.09.2007 is enclosed hereto and marked as Annexure-D.
15. The petitioner submits that thereafter, the Govt. of NCT of Delhi issued Recognized Schools (Admission Procedure for Pre-primary Class) Order, 2007 in respect of admission procedure for Pre-primary Classes in the recognized schools in Delhi
A true copy of the said Order, 2007 is enclosed hereto and marked as Annexure-E.
16. The petitioner submits that as the Govt. of NCT of Delhi failed to implement the Ashok Ganguly Committee Report regarding minimum age of 4 years for entry of a child in a formal school education system. The petitioner filed another PIL [W.P. (C) No.7802/23011 in this Hon'ble Court praying amongst others for issue of an appropriate writ, order or direction directing the Govt. of NCT of Delhi to prevent unaided recognized schools in Delhi from admitting the children below 4 years of age in formal schools from the academic year 2012-13 onwards.
17. The petitioner submits that the said Writ Petition came up for hearing before a Division Bench of this Hon'ble Court consisting of Hon'ble the Acting Chief Justice A.K. Sikri and Hon'ble Mr. Justice Rajiv Sahai Endlaw and the Hon'ble Judges were pleased to decide the same on 27.1.2012. The operative part of the said Judgment is reproduced as under:-
"34. Having said so, we want to make it clear that the focus on "care and education" at Pre-school level has to be altogether different. The children are not to be burdened with any textbooks or home works. This part of school may be treated as nursery, Montessori, Kindergarten, Play School, etc. Schools also have to keep in mind the specific curriculum framework for ECCE which keeps in mind the guiding principles like play as basis of learning, art as the basis of education, recognition of specific features of children thinking, etc. The ideal teacher-child relationship which is required at this age allowing the children to express their feelings, sharing their trials and triumphs and teachers being responsive, reaching out to children, is to be given due attention. To achieve this, professionally trained and specifically sensitized teachers are required. We make it clear that by no means we are attaching any less importance to these aspects which have to apply with all vigour, sincerity and sensibilities. Therefore, to that extent, Pre-school is not to be treated as part of formal education and at that stage, education has to be only informal.
35. We answer the issue accordingly and dispose of the writ petition in the aforesaid manner."
A True Copy of the judgment dated 27.01.2012 is enclosed hereto and marked as Annexure-F.
18. The petitioner submits that Right of Children to Free & Compulsory Education Act, 2009 (RTE Act, 2009) has been enacted by the Hon'ble Parliament of India and has come into force w.e.f. 01.04.2010. Section 11 of the RTE Act, 2009 is reproduced as under:-
"11. Appropriate Government to provide pre-school education. – With a view to prepare children above the age of three years of elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government may make necessary arrangement for providing free pre-school education for such children."
19. The petitioner submits that in the above PIL [W.P. (C) No.7802/2011, this Hon'ble Court was pleased to hold that Section 11 of RTE Act, 2009 mandates the State to provide education to the children at the age of 3 years of age.
20. The petitioner submits that at present the Govt. of Delhi, Directorate of Education run nearly 1000 schools out of which 382 schools are known as Sarvodaya Schools. It is submitted that out of 382 Sarvadoya Schools, Pre-primary Classes (1 year of Pre-primary) are run in as many as 331 schools where children of 4+ age are admitted. It is submitted that all the children of 4+ age applying for admission in Pre-primary Class in these Schools are not granted admission on the alleged ground of limited seats. In case of Municipal Corporation of Delhi, they run nearly 1750 Primary Schools out of which Pre-primary classes are run in 350 schools. Apart from this, Municipal Corporation of Delhi also run as many as 39 independent Nursery Schools where children of 4+ are admitted. In brief, it is submitted that the Govt. of NCT of Delhi, Municipal Corporation of Delhi, New Delhi Municipal Council and Delhi Cantonment Board do provide education to children of 4+ age in some of their schools but do not provide education to children above 3 years and below 4 years of age.
21. The petitioner submits that in terms of Section 11 of RTE Act, 2009, the respondents are obliged to start 2 years of Pre-Primary (Pre-primary & Pre-school) Classes in all their formal schools where children of 3+ in Pre-school and children of 4+ in Pre-primary schools would be eligible to be admitted.
22. The petitioner submits that there is a need to have uniform system of education both in state run and private run schools. In the present case, almost all private schools have two years of pre- primary classes where children above 3 years of age are admitted in pre- school but in case of state run schools, no such provisions are yet there. It is also submitted that the children of poorer families are in dire need of schooling at the early age of 3 years in comparison to the children belonging to the rich families.
23. The petitioner invites attention of the Hon'ble Court to the fact that in terms of the provision of Section 12 (1) (c) Of RTE Act, 2009, children belonging to disadvantaged and EWS are eligible for consideration for admission in pre-school class in (3+ age) unaided non- minority schools. However, it is not necessary that all children of 3+ age applying for admission in unaided, non- minority school shall get admission. It is submitted that in a situation, where the State run school do not have pre-school class, such children would be unable to receive education which will not only be derogatory to their interest but also be discriminatory and fails to provide equal opportunity to such children. It is therefore n4ecessary that all states and local bodies run schools should also have two years of pre-primary classes where children of 3+ age may be able to get admission in pre-school class and start their education career.
24. The petitioner submits that it has made representations dated 19.3.2012 to the Govt. of NCT of Delhi and Municipal Corporation of Delhi to start 2 years of Pre-Primary (Pre-primary & Pre-school) Classes in their formal schools from the academic year 2012-13. However, the petitioner has not received any response there from and hence, the present Public Interest Litigation.
25. The petitioner has not filed any similar petition either in the Hon'ble Supreme Court of India or in any Hon'ble High Courts in India.
26. The Petitioner submits that it has no other efficacious alternate remedy except to approach this Hon'ble Court by way of present Public Interest Litigation.
27. That the annexures annexed to the writ petition are true and correct copy of its originals.
PRAYER
In the premise aforesaid, the petitioner most respectfully prays that this Hon'ble Court may be pleased to:-
(a) direct the respondents to start 2 years of Pre-Primary (Pre-primary & Pre-school) Classes in their formal schools from the academic year 2012-13 and no child of 3+ age in Pre-school and 4+ age in Pre-primary class is denied admission;
(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 respondent; and
(d) allow the present PIL with costs.
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: 08.05.2012
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