Schools directed to fill last year’s EWS quota

New Delhi, Jan 19, 2013, DHNS :

The Directorate of Education has decided that all schools in the Capital will have to admit students under the freeship quota seats that have been lying vacant since the 2012-13 academic year.

The department has asked area deputy directors of education to put up a list of vacant seats in all private schools and on their websites to ensure they get filled.

The DoE in its recent meeting focused on applications received from parents who requested for a time frame to apply for nursery classes under the Economically Weaker Section (EWS) and disadvantaged group categories as they could not get admission in any school despite submitting all documents.

A committee, consisting of officials from the DoE and additional secretary of education (administration), was formed to look into the issue. It was decided in the meeting that applicants must be allotted the school of their choice. But if there is no seat available, then a school near their houses should be allotted.

“The DAMC (district admission monitoring committee) has not done any verification of documents like age proof, income certificate, caste certificate and residence proof,” said a DoE official. “Schools will have to verify the documents and complete all formalities before giving admission to any candidate.”

He added that if an applicant is not able to produce any document and his case is rejected, the school concerned will issue a speaking rejection order defining reasons for it after getting an approval from the DAMC.

The department has also asked schools to make arrangements for special training to help children complete their course. The education officer will inform parents about the allotted school within five days of selection.

After completing the admission procedure, schools have been asked to give the compliance report to the chairperson of the DAMC and education officer. “We want to ensure that children get admission and the procedure takes place in a systematic and transparent manner,” said the official.

Khagesh Jha, advocate and RTE campaigner said: “It is clear from DoE’s directions that there is no last date for admission in schools. Also, the DAMC has now become operational which was non-operational earlier.”

http://www.deccanherald.com/content/306534/schools-directed-fill-last-years.html

In-camera draw of lots for EWS category

NEW DELHI: There will be in-camera "draw of lots" for nursery admission of economically weaker section (EWS) and disadvantaged category students in unaided recognized schools.

According to the circular, issued by Directorate of Education (DoE) on Tuesday, the observers appointed by District Admission Monitoring Committee (DAMC) for each unaided school must oversee the process of "draw of lots" for admission into 2013-14 academic session.

The deputy director (education) of the zone shall nominate an officer, not below the rank of vice-principal, to work as an observer. "The proceeding of draw of lots shall be video-graphed and CD/ DVD shall be submitted to the deputy director of education along with the list of successful candidates on the same day or latest by the next day," the circular stated.

The school heads have to categorize applications as per distance and the observer shall not be responsible for that, clarified the circular. But the observers have to ensure that there are no sub-divisions or clubbing of the category.

According to the guidelines, neighbourhood criteria have to be followed by the schools for admitting children from EWS and disadvantaged groups. Admission shall be first offered to eligible students residing within one kilometre from the school. In case of vacancy, the seats shall next be offered to those residing within three kilometres from the school and then to those residing within six kilometres. If all the seats are not allotted, they shall next be offered to the students residing beyond six kilometres from the school.

The unaided minority schools, which have been allotted land at concessional rates by the government, have to reserve 15% seats for EWS category. The admission shall be first offered to eligible students residing within three kilometres of the school, followed by those within six kilometres. Thereafter, the seats can be offered to those residing beyond six kilometres

http://articles.timesofindia.indiatimes.com/2013-01-23/delhi/36504821_1_ews-category-unaided-minority-schools-nursery-admission

First Appeal in case of No RTI reply in 48 hrs under Life or Liberty

To Date xx/xx/2010

Appellate Authority 

Joint Commissioner of Police

Sub:- Appeal u/s 19(1) r/w Section 20 of RTI Act 2005 for Matter arising out of absence of any response from the Public Information Officer within prescribed time.

References:- 

1. RTI Application dated xx/xx/2010 (Annexure 1)

Sir

The applicant/undersigned is compelled to make this appeal as the Public Information Officer, xxxxxxxxxx, New Delhi has not supplied any information in regards to above mentioned references till date and hence deemed refused in view of section 7(2) of RTI Act 2005. 

The requisite time for supply of information (48 hrs under Life and Liberty vide section 7(1)) has already expired. The RTI application was filed for reply within 48 hrs as the information concerns life and liberty of the applicant is restricted being in arrest as per records of P.S. xxxx vide FIR No. xx/xxxx. 

It appears from the above mentioned facts that the staff of RTI Cell of xxxxxxxxx, Delhi has no honor and regard for the Constitution of India, RTI Act 2005 as well as for the directions of Hon’ble Supreme Court of India as they deliberately, malafidely and negligently refused and overlooked to the directions of citation referred in the RTI Applications explaining the matter of Life and Liberty and hence are guilty of Contempt of RTI Act as well as of Hon’ble Supreme Court Order. The applicant while requesting information, relied on the case of Sheela Barse V. State of Maharashtra, AIR 1983 SC 378 where it was held that :-

The operation of Art. 21, insofar as it imposes procedural limitation on a law that effects personal liberty, commences as soon as interference with personal liberty commences and ends only when that interference ceases. Hence, this article becomes relevant as soon a person is arrested, and it remains relevant so long as he remains subject to a criminal prosecution that has resulted or might result in the deprivation of his personal liberty.

It is therefore the applicant/undersigned most humbly prays to dispose off this appeal within 48 hrs as the matter pertains to life and liberty as explained above with the followings in this regard in the interest of justice :-

1. The Public information Officer be directed to immediately release the complete information as requested vide all applications/letters mentioned in Reference above.

2. The requested information may kindly be furnished vide independent replies in reference to aforementioned 3 letters in place of single reply.

3. The applicant/undersigned make kindly be exempted in view of section 7(6) of RTI Act 2005 from payment of any fee payable by me on account of default on the part of PIO to supply information within prescribed time.

4. To initiate action u/s 20 of RTI Act 2005 as well as section 166 of IPC against the concerned staff responsible for delay

Enclosures :-

Annexure 1:- RTI application dated __________

Name

Address

RTI for Information within 48 hrs under Life or LIberty

To                                                                                                                         Date xx/xx/xx
Public Information Officer
Police Headquarters,

Sub:- Request for information under section 6 & 7 of RTI Act 2005 within 48 hrs. regarding file movement in Delhi Police vide no. xxxxxxxx

Sir
It is submitted that xxx letters were issued by the xxxxxxxxxx vide no. xxxxxxxxx dated xx/xx/xxxx asking for the para/point vise reply to the rejoinder submitted by the applicant. The subsequent reminder vide dated xx/xx/xxxx and then again on xx/xx/xxxx (Annexure 1) were sent to DCP/HQ, Delhi, when no report was furnished within prescribed time duration by the office of DCP/HQ, Delhi to office of xxxxx, Delhi.

It is further submitted that when the applicant personally approached the office of DCP/HQ on xx/xx/xxxx, he was directed to contact the O/o Joint C.P., xxxxx, and from there it was stated that the file is sent to O/o Joint C.P. Southern Range. When the applicant approached the O/o Joint. C.P., xxxxxxxxxx, it was learnt that aforementioned file has been sent to DCP/xxxx and the reply is awaited.

It appears from the aforementioned facts that the concerned offices/officers/staff of Delhi Police has no honor and regard for the directions of Hon’ble Commissions, instituted vide the provisions of Constitution of India and hence causing intentional/deliberate delay in right to justice and hence the life and liberty of the applicant is being held at stake in the hands of concerned dealing officials.

It is therefore requested that the following information u/s 6 & 7 of RTI Act 2005 may kindly be furnished :-

1. Kindly provide the certified copies of all letters issued by the concerned offices of Delhi Police in respect of movement of file in matter vide no. xxxxxxxxxxx.

2. Kindly provide the justified reason as on record for forwarding the file to the concerned Office/Officer of Delhi Police with the specific para/point nos. of the aforementioned file, because it is apprehended that the aforementioned file is being sent to un-concerned offices for causing deliberate/intentional delay in adjudication of matter.

3. Kindly provide the reason for transferring the file to the O/o DCP/xxxx Distt., by the concerned staff/officer of office of Joint C.P. xxxxx Range, when there is no point related to xxxx Distt. existed in the Rejoinder submitted by the applicant.

4. Kindly intimate the reason as on record for sending the file to different offices/districts when the same can be enquired as per provisions of section 178 of Cr.P.C.

5. Kindly provide the duration in days within which the reply/report to be dispatched in such matters by the concerned office.

6. Kindly provide the certified copy of all Diary Dispatch numbers through which the aforementioned file is moved from one office to another till the file is sent to NCSC, Delhi or till the disposal of this RTI Application, whichever is earlier.

7. Kindly provide the name, rank and belt number, offices of all the officials including clerical staff, who dealt with the aforementioned file till the disposal of this RTI Application.

8. Kindly provide the provision of punishment available for officials deliberately delaying the disposal of matter.

9. Kindly provide details from records the action taken on officials if any, found causing deliberate, negligent delay of the matter by transferring the aforementioned file to office of no concerned.

10. Kindly provide the each and every movement details of this RTI application till its disposal.

The Postal Order no. xxxxxx is attached herewith as requisite fee under RTI Act 2005. The requisite information shall be furnished within 48 hrs as per section 7(1) or RTI Act 2005 as the information also concerns life and liberty as applicable vide Article 21 of Constitution of India being applicant in arrest as per records of P.S. xxxxxx in FIR No. xxx/xxxx. In this regard reference is in case of Sheela Barse V. State of Maharashtra AIR 1983 SC 378 where it was held as follows :-

The operation of Art. 21, insofar as it imposes procedural limitation on a law that effects personal liberty, commences as soon as interference with personal liberty commences and ends only when that interference ceases. Hence, this article becomes relevant as soon a person is arrested, and it remains relevant so long as he remains subject to a criminal prosecution that has resulted or might result in the deprivation of his personal liberty

The information shall be supplied free of charge in compliance of section 7(6) or RTI Act 2005 in case of delay.

Enclosures:-
Annexure 1:- Copy of letter dated xx/xx/xxxx from xxxxxx,
Name
Address

Appreciation letter for your enthusiastic participation in the occasion of 64th Republic Day Parade.

To,

The Principal,

Govt. Sarvodya Kanya Vidyalaya,

Amalvas Jawala Puri, Delhi-87.

Subject : Appreciation letter.

Dear Sir/Madam,

Congratulations! 

Many thanks for your enthusiastic participation in the occasion of 64th Republic Day Parade.

On behalf of Gyan Lakshay (NGO), we would like to sincerely congratulate you on outstanding performance of Dalkhai folk dance by Sarvodya Kanya Vidyalaya, Amalvas Jawala Puri, Delhi-87 recent participated in the Republic Day Parade.

It is a great achievement of talent, effort, and determination. We know you spent a lot of time with the students, working with them to make the participation more appealing. Your patience and persistence has finally resulted as outstanding performance of Dalkhai folk dance. It could not be possible without the help of the Principal, Teaching Staff and a wonderful team of students. Without your thoughtful planning and oversight, an undertaking like this would have been nearly impossible.

Heartfelt congratulations once again and continue on the same path, which will lead you to success.

With regards,

Gyan Lakshay (NGO)

RTI matter for RTE

Please provide following documentary information regarding implementation of Right to Education on following counts:

1.    How many children are in this school?

2.    How many children can the school admit?

3.    How many students in the school are from economically weaker section?

4.    Is the school eligible for re-imbursement for a student from economically weaker section?

5.    What is the per-child expenditure incurred by the school?

6.    What is the amount that the state re- imbursement as expenditure on a child from economically weaker section?

7.    Is there a SMC in the school?

8.    How many members are there in the SMC?

9.    How many female members in the SMC?

10. What are the selection criteria for an SMC Member?

11. How many times has the school management committee met in the current academic year?

12. When was the last SMC meeting held?

13. How were the members of the school management committee selected?

14. What decisions have been taken by the SMC in the last academic year?

15. What is the number of teachers in the school that have minimum qualifications as prescribed by the academic authority?

16. What is the number of teachers in the school that do not have minimum qualifications as prescribed by the academic authority?

17. What is the total number of complaints that have been filed against teachers for failing to observe duties imposed on them in section 24(1)?

18. Who is the officer responsible for hearing such grievances? Please provide the contact details.

19. What action has been taken against teachers found guilty of failing to observe duties under section 24(1) of the RTE Act?

20. What is the current student- teacher ratio in the school?

21. What is the number of existing vacancies for teachers in the school?

22. How many more teachers are needed to be appointed to satisfy the student-teacher ratio in the schedule of the RTE Act?

23. What is the number of class rooms in the school?

24. How many class rooms are fitted with a black board?

25. What is the number of class rooms having concrete roof, proper doors and windows?

26. Is electricity available in the school?

27. Is computer facility available in the school?

28. Number of students for whom Mid-Day-meal is prepared each day?

29. What is the total annual budget for Mid-day-meals?

30. Has school mapping been done? If yes, when, by whom and where?

31. What was the result of school mapping?

32. Where was the Household Survey done? When was the Household Survey done?

33. Has households surveys been done? If yes, when, by whom and where?

34. What was the result of household surveys? Please attach the full report of the household survey exercise.

35. Are there school age children in the neighbourhood that do not go to school? If yes, approximately how many?

36. What has been done to get them to school?

37. How have EWS children been defined?

38. How have EWS children been selected?

39. How have children from EWS been admitted?

40. How many EWS children are there?

41. What percentage EWS children are there? If less than 25%, why?

42. What happens if EWS children quit or want to change school during school year or later in higher classes?

43. How will the Local Authority monitor the process of admitting EWS children?

44. What amount will the Local Authority reimburse the school with per student?

45. How has that calculation been made?

46. When will the reimbursement be paid back to the school?

47. Which administrative office is responsible for reimbursement payments? 

48. Is there a State Commission for protection of child rights/ REPA in the state?

49. If not, which Government office is responsible (RTE Act, sec. 31 (3))?

50. How many members are there in the SMC?

51. Gender profile of SMC members?

52. How were they selected?

53. What groups do the members represent?

54. Which schools in the neighbourhood do not fit the norms and standards for schools and face closure if not improved?

55. How many children go to these schools?

56. Where will these children go when failing Schools close?

57. What is the upper limit to the income of a family belonging to economically weaker section?

58. What is the number of new schools that have been identified to be established in the state?

59. What is the number of schools for which construction of which funds have been allocated and released? Please provide a list of these schools.

60. What is the amount of money released for each such school ?

61. What is the amount the state has allocated towards the implementation of the provisions of the RTE Act in the current financial year?

62. What is the amount the state has already spent towards implementation of the provisions of the RTE Act in the current financial year?

63. What is the quantum of funds that have been allocated for pre-school education?

64. Is pre-school education being provided in schools or through other institutions? If it is being provided through other institutions what are these institutions?

65. How many schools/other institutions providing pre-school education are present in the state?

66. What is the total number of girl children in the state who benefit from free pre-school education?

67. What is the total number of male children in the state who benefit from free pre-school education?

68. What is the total number of teaching and non- staff in such schools in the state?

69. Please provide details of the person/authority responsible for monitoring pre-school education

70. Please provide the details of the information sought from all the private schools by the state government.

71. Please provide the details of the information provided by all the private schools to the state government.

72. No. of instances reported where a school has charged capitation fee. List of schools found guilty of charging capitation fees. Amount of fine imposed on each school found guilty of charging capitation fee.

73. Name and designation of government officer responsible to do hearing and impose penalty in each such case.

74. List of schools found guilty of having a screening procedure for admission. Amount of fine imposed on each school found guilty of having a screening procedure for admission.

75. Number of schools that applied for recognition to appropriate authority in the current financial year. Number of schools that got recognition in the current financial year 

76. How many children between the age of 6-14 years do not go to school in the area of jurisdiction? Mode of identification:

a)      Number of cases reported through the household survey.

b)      Number of cases reported by parents or family members

c)       Number of cases reported by local NGOs or individuals

d)      Number of cases reported by children themselves

77. Has the local authority maintained a record of all the children up to the age of 14 years? If yes please provide with a copy of such record.

78. Is there a monitoring authority for admission of students from economically weaker sections? What is the contact detail of the person heading the monitoring authority?

79. Please provide a list of schools in the neighbourhood that do not meet the norms and standards prescribed in the RTE.

80. Please provide a list of schools in the neighbourhood that that meet the norms and standards prescribed in the RTE.

81. How many schools are only up to the primary education level?

82. How many schools offer elementary education?

83. What is the current average student- teacher ratio in the area of jurisdiction?

84. What is the number of complaints that have been received by NCPCR in the current financial year?

85. Out of the total complaints received this year what is the number of complaints that have been resolved?

86. What steps are taken by government for effective implementation of RTE?