Left out of nursery list, EWS parents cling to hope

MONDAY, FEBRUARY 14, 2011

Left out of nursery list, EWS parents cling to hope

Dharmendra Singh has one dream — to see his three-year-old daughter Lakshita attend an “English-medium school”. The recent pre-school admission result, however, has threatened to shatter it. He had applied for her admission under the Economically Weaker Section (EWS) category at five private unaided schools in his neighbourhood, Jwalapuri, but none of the final lists had his daughter’s name, leaving him thoroughly disappointed.

“I am a security guard. I am poor. My parents could not afford education for me but I want my daughter to speak English and become somebody in life,” he says. “I do not know what these schools do to select children but I am not happy with the method.”

Private unaided schools in the Capital conducted a draw of lots to select students for the 25 per cent seats reserved for the EWS category. Under the Right to Education (RTE) Act, schools have to reserve at least 25 per cent of the total number of seats for the EWS. For the general category, schools went with the 100-point system adopted in earlier years. For the EWS seats, the schools resorted to random selection.

There are many like Singh. Options are few for them, since many schools say there is very little possibility of a second list of selected candidates for the EWS section being released. Principals maintain that “there is small chance of selected candidates in the EWS section dropping out”.

Some parents have even alleged foul play on the part of the schools. Raghubir Singh, also from the Jwalapuri JJ cluster, said, “Some schools did not even let us enter the school on the day of the draw of lots. I think the schools had already made up their minds about the children they wanted to admit.”

While parents in the general category, whose wards did not get through a school this year, can allow their child to continue in the playschool, EWS parents have no such options available. “All I can do is hope for another list,” said Amit Malhotra, another parent. “I will apply to a government school. What else can I do?”

THE ALL INDIA RAIGAR MAHASABHA {REGD.}

TUESDAY, MAY 10, 2011

THE ALL INDIA RAIGAR MAHASABHA {REGD.}

THE ALL INDIA RAIGAR MAHASABHA {REGD.}

SHRI GANGAMAI MANDIR, GANGA NAGAR, NEAR KEVDAJI KI CHALI,
THAKKARBAPANAGAR AREA, AHMEDABAD. PIN- 382350. GUJRAT

September 20, 2009

To,

The Hon’ble Chief Minister,

Government of Gujarat,

Gandhinagar.

Dear Sir,

Sub: Representation to include Raigar/Jatia Caste as Schedule Caste
in Gujarat State under Article 341 of the Constitution of India

The All India Raigar Mahasabha forwards the present representation to your goodselves with a belief that the Raigar/Jatia community may be declared as Schedule Caste in the State of Gujarat in terms of Article 341 of the Constitution of India.

Brief History:

The Raigar, Raiger, Rehgar or Regar, spelt in various forms, is a community of leather tanners. They are also known as Jatia. The word “Raigar” is a corrupt form of Raingaya, i.e. those who engage themselves in leather tanning. The Raigar community embraces its origin in 7-8th century and since then marked their presence in Rajasthan. They migrated from the erstwhile State of Rajputana (now known as “Rajasthan”) to different parts of India in the drought poised to earn their livelihood way back in 19^th and 20^th century to various states including the State of Gujarat from Rajasthan. They converse among themselves in Marwari and use the Devanagari and Gujrati script for writing.

Subgroups/ Gotras:

There are three subgroups, namely Raigar and Jatia. Marriages take place among all the three. These subgroups are further divided into about 450 numbers of clans (gotras), such as Bandarwal, Dhuriya, Jajoria, Kankheria, Rachoiya, Mauria, Jaggarwal, Atolia, Jaluthria, Dotania, Devatwal, Sablania, Jatolia, Sunwasia, Balotia, Khatnavalia, Chorotia Bakolia, Fulwaria, Singhadia, Nogia, Kurdia, Khorwal, Bansiwal, Barolia, Dolia, Bora, Gusaiwal, Sonkaria, Tongaria, etc…

Occupation:

The traditional occupation of the Raigars is the tanning of hides and skins and the colouring of leather. Some of them have now started making shoes, chappals, pagarkhis/jutis. A tiny section of Raigars community has taken up other occupations, like service, tailoring, masonry, labour and jute bag repairing. The Raigars are a landless community.

Religion:

They are Hindus and worship Bhagwan Ravidas, Lord Shiva, Ramdevpir, Hanuman, Bhairo and Ganesha etc. Women take part in social, ritual and religious festivals and fairs like Holi, Diwali, Dussehra, Teej, Gangore, and Ramdeojee ka Mela. They profess Hinduism and worship Shankar, Lakshmi, Durga, Hanuman and Ganesh. Sacred specialists are from their own community. Their sacred centres are Hardwar, Gangaji, Lohagar, Triveni, Gaya, Siddhpur, Chanod etc.

Indian society historically had a rigid, occupation-based, hierarchical caste system in which the relative place of a caste in the social hierarchy was determined largely by its traditional occupation. In particular, those performing 'unclean' or supposedly 'polluting' tasks viz. Raigar came to be regarded not merely as 'low' castes but as untouchables which has resulted in great injustice to the members of the concerned castes because they were discriminated against in every respect, and denied ownership of productive assets like land, as well as basic rights like education and equality, which resulted in perpetuation of extreme socio-economic deprivation of members of Raigar community in addition to other depressed classes.

Social Status:

The Raigar community, since long, has been a “depressed community” and witnessing extreme social, educational and economic backwardness arising out of the traditional practice. Since their migration into the State of Gujarat and rendering their services in building the state of Gujarat, the social, educational and economic condition of an average/common Raigar is miserable. They are unable to send their children for education in higher classes.

STATISTICS:

Though the Survey reports and other statistics related to Raigar community must be available with the government, a general statistical data is produced hereunder just to throw light on the miserable position of this weaker section of the society.

Particulars	Statistical data
Population of Raigars in the State of Gujarat	35,000 (approx.)
Economic status – Per capital income of the members of this community	Rs. 1,000/- – Rs. 1,200/- per month
People below Poverty line (BPL)	Most of them
Educational status - Literacy Rate	10% approx. as against the average of Schedule Caste lying at around 67% as per the Annual Report for 2008-09 of Department of Social Welfare.
Representation of SC/ST in State Government service	Negligible – Maximum 10-15 persons out of 35,000
Social security	Not in good shape.

Status in various other states

:

This depressed community has been declared by the Union of India, State Government of Rajasthan, Haryana, Punjab, Himachal Pradesh and Madhya Pradesh, Union Territory of Chandigarh and Delhi. Copies of the relevant notifications issued by the aforementioned Union of India and various States are enclosed herewith as annexure “A” and “B” for your kind perusal.

Status of earlier Representations made to State Government :

The Raigar Panchayat Samiti, Gujarat state, Ahmedabad made several representations to the Government of Gujarat to include the Raigar/Jatia caste in the Schedule Caste List. A copy of the said representation made to the Government of Gujarat is annexed herewith for your kind perusal and ready reference as annexure “C”. After considering the representations, the Department of Social Welfare, Govt. of Gujarat, vide Letter No. F. No. S.C.05/1098/M-28/H dated 28^thOctober 1998 directed to conduct the survey of the population and the status of Raigar(s) community residing in the state of Gujarat.

Pursuant to the aforementioned directions, the Research Officer of the Department of Social Welfare conducted a door-to-door survey at Ahmedabad, Vadodara, Surat, Deesa, Gandhidham, Jamnagar etc. A copy of the said Survey Report which is available with the Government shows that Raigar are living in pathetic condition in the State of Gujarat.

The statistics and the Survey Report of the Government would reveal clear picture regarding the socio-economic, educational backwardness, in-adequate representation and unequal status of this depressed, despicable and helpless fraction of the society.

Since the Raigars are not getting any benefit of the Government Schemes meant for economically and socially backward persons, as the community of Raigars are not incorporated in the Notification declaring them as member of Schedule Caste issued by the state of Gujarat despite the fact that the said community has been declared by the Union of India, State Government of Rajasthan, Haryana, Punjab, Himachal Pradesh and Madhya Pradesh Union Territory of Chandigarh and Delhi.

Since the community of Raigars has not been notified as Schedule Caste by the State of Gujarat, we are forwarding the present representation so that this depressed class may be declared as Schedule Caste in terms of Article 341 of the Constitution of India and be given the apposite support so that this weaker section may be able to fight with social and economic backwardness in which they are living.

The status of Scheduled Caste should be granted to the Raigar/ Jatia community to ensure the advancement of these socially and educationally backward citizens and providing them a fair opportunity to bring them at par with other segments of the community. The provision of Scheduled Caste status should be and must be adopted to advance the prospects of this weaker section of the society. Reservations should be granted to ensure the advancement of these socially and educationally backward citizens to make them equal with other segments of the community. Reservation should be and must be adopted to advance the prospects of the weaker sections of society.

Also, Dr. Ambedkar in the Constituent Assembly has regarding equality said that “… We must begin by acknowledging the facts that there is complete absence of two things in India society. One of these is equality. On the social plane, we have in India society based on the principle of graded inequality which means elevation for some and degradation for others. On the economic plane, we have a society in which there are some who have immense wealth as many who live in abject poverty”.

Further, Dr Rajendra Prasad at the concluding address of the Constituent Assembly stated that “… To all we give the assurance that it will be our Endeavour to end poverty and squalor, and its companions hunger and disease to abolish distinction and exploitation and to ensure decent conditions of living. We are embarking on a great task. We hope that in this we shall have the unstinted service and cooperation of all our people and the sympathy and support of all the Communities”.

The link between “caste” and its “occupation” is an unbreakable bondage to which the cast system has condemned the backward classes. Whether a backward caste man carries on his traditional occupation or not, he continues to be socially identified with the said occupation. The link between the caste and the occupation has not been served for thousands of years and it cannot be broken by arguments and theories. The ground reality is that every caste in every village is identified by its traditional occupation. It is pointed out, for example, that throughout the country in 6.5 lakh villages, it is a barber communities carry traditional occupation of hair cuttings and no other community has taken up the said occupation.

The Constitution never prohibits the practice of caste and castism. Every activity in Hindu society from cradle to grave is carried solely on the basis of one’s caste. Even after death, a Hindu is not allowed to cremate in the crematorium which is maintained for the exclusive use of the other caste or community. Dalits are not permitted to be buried in graves or cremated in crematoriums where upper caste people bury or cremate their dead. Christians have their own graveyards. Muslims are not allowed to be buried in the Hindu Crematoriums and vice-versa. Thus, caste rules the roost in the life of a Hindu and even after his death. In such circumstances, it is entirely fallacious to advance this argument on the ground that the Constitution has prohibited the use of caste.

The Constitution of India provides several special safeguards for the Scheduled Castes, so as to ensure that they are able to attain equality with the other social groups in the shortest possible time. These safeguards enable reservation in Government jobs, elections to the Lok Sabha and State Legislative Assemblies etc.

Moreover, another leading authority in the field of social class theory also identifies caste with hereditary status. He attempts to tie his interpretation with the situation in India a procedure not often followed by the other sociologists. He writes thus,

“Caste as unchangeable status:- the feudal order approximated to a caste system. When status is wholly predetermined so that men are born to their lot in life without hope of changing it then class takes the extreme form of caste. This is the situation in Hindu society.” Every Hindu necessarily belongs to the caste of his parents and in that caste he inevitably remains. No accumulation of wealth and no exercise of talents can alter his caste status and marriage outside his caste is prohibited or severely discouraged. Caste is a complete barrier to the mobility of class.”

Constitutional footing:

Article 341 of the Constitution of India, define as to who would be Schedule Castes & Scheduled Tribes with respect to any state or Union Territory. The relevant Constitutional articles are quoted below:-

“341 (1) The president may with respect to any State or Union Territory and where it is a State after consultation with the Governor thereof, by public notification specify the castes races or tribes or parts of or groups within castes races or tribes which shall for the purposes of his Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory as the case may be.”

“341 (2) The President may with respect to any State or Union Territory and where it is a State after consultation with the Governor thereof by public notification specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of this Constitution be deemed to be Schedule Tribes in relation to that State or Union Territory, as the case may be”.

The object to declare a particular caste as schedule caste under Article 341 of the Constitution of India is to provide additional protection to the members of the scheduled caste having regard to social and educational backwardness which they have suffered for considerable length of time. The determination of the caste would depend upon several factors, including customary law. As Raigar community is socially and educationally backward due to having their poor background and involved in traditional business.

The Supreme Court of India has also observed in Akhil Bhartiya Soshit Karmachari Sangh v/s. Union of India reported in AIR 1981 SC 298 that “there are sufficient indications in the Constitution that the Scheduled Castes are not mere castes. They may be something less or something more and the time badge is not the fact that the members belong to caste but the circumstances that they belong to an indescribably backward human group.”

The Preamble of the Constitution resolves to constitute the country into a secular democratic republic securing therein to all its citizens, in furtherance to justice, social economic and political liberty of thought, expression and belief, faith and worship; Equality of status and opportunity and to promote among all fraternity, assuring dignity of an individual. To achieve this ideal and objective, the Constitution, while guaranteeing the right to equality before law (Article 14), prohibiting discrimination (Article 15) and ensuring equality of opportunity in the matter of public employment (Article 16) as Fundamental Rights, also enjoins on the State to strive to promote the Welfare of the people by securing and protecting, as effectively as it may, a social order in which justice, social, economic and political, shall inform all the institutions of the national life [Article 38(1)], and “in particular strive to minimize the inequalities in income and endeavour to eliminate inequalities in Status, facilities and opportunities” [Article 38(2)].

Further, Article 46 states that “the State shall promote with special care, the educational and economic interests of the weaker sections of the people and in particular, of Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation”. Thus, special status has been assigned and certain safeguards have been provided to them in the Constitution.

Thus, the object is not only noble and action bona fide keeping with the avowed policy of the State in striving for building up a socialistic pattern of society but also keeping with the directive principles laid down in the Constitution. There is a reasonable nexus between the classification and the object in view, that it is in the consonance with the directive principles of the Constitution without offending the Fundamental Rights enshrined under it.

The Supreme Court of India further observed in Akhil Bhartiya Shoshit Karmachari Sangh (supra) that “……the Constitution provides not merely for adequate representation of Scheduled Castes and Scheduled Tribes to services and posts under the Union and States, but also provides for reservation of Scheduled Castes and Scheduled Tribes in the Legislatures. It is beyond any doubt that the founding fathers have assigned to them a special place and shown towards them special concern and charged the State with special mandates to redeem these handicapped human sectors from their grossly retarded situation. Indeed, they are not merely backward but are the backward most and cannot be equated with just any other caste in the Hindu fold.”

Equality clauses contained in Articles 14, 15 and 16 of the Constitution of India may in certain situations have to be considered as the basic structure/features of the Constitution of India. The Constitution of India professes to bring the socially and educationally backward people to the forefront. Only for the purpose of invoking the equality clause, the makers of the Constitution thought of protective discrimination and affirmative action. Such recourse to protective discrimination and affirmative action had been thought of to do away with social disparities. So long as social disparities among groups of people are patent and one class of citizens in spite of best efforts cannot effectively avail equality of opportunity due to social and economic handicaps, the policy of affirmative action must receive the appropriate attention. Thus, affirmative action in essence and spirit involves classification of people as backward class of citizens and those who are not backward class of citizens.

The grant of this social status to the Raigar/ Jatia Community as Scheduled Caste by your goodselves would entitle them for a preferential treatment by the State and play a vital role in ensuring the implementation of Constitutional safeguards in the matters like entry into public services and public sector enterprises, award of scholarships, admission to educational institutions including technical and medical colleges, allotment of lands, contesting elections to State Vidhan Sabha, Municipal Corporations, Gram Panchayats etc. to this despicable and helpless community.

Sociological conditions of the Raigar/ Jatia community prevailing in the State of Gujarat, thus, demands leverage to be advanced to them by the State and a provision of preference to this class which is embedded in our constitutional scheme vide Art. 14, 15, 16, so that the members of this Community may be able to combat their degraded and subservient position, come to the forefront and join hands in the overall development of the State.

Sir, since most of the members of this depressed class are earning their livelihood with occupation in leather tanning and allied sector and since without any aid and facilitation from the Government of Gujarat, and further due to lack of education, the members of this down trodden class of society are confronting terrible and horrifying days, which is making it difficult for a member of this helpless community to sufficiently earn and manage bread and butter for two times a day; more so in the times when the whole State of Gujarat is rejoicing the golden period as “Vibrant Gujarat”.

This despicable and helpless community, thus, looks forward with high hopes towards your goodselves to provide an opportunity of overall upliftment by according it a status of Scheduled Caste, so that this weaker section may gain a respectable socio-educational-economic status in the society and be an active part of the dream coming true being Vibrant Gujarat in its true sense.

Jai Hind.

Yours Faithfully

On behalf of The All India Raigar Mahasabha

Laduram Gusaiwal Mishrilal Sunwasia

Udaram Baroliya Tarachand Fulwadia

Baluram Jajoria Bhanwarlal Singhadia

Jagannath Chordia Devendra kumar Kurdia

Gopilal Kurdia Bharatkumar Gusaiwal

Punamchand Sunwasiya Manoharlal Bakoliya

Ramchandra Gusaiwal Nandkishore Fulwaria

Jagadish Devatwal Dashrath Bhatt

Revatram Khorwal Shrinarayan Devatwal

Girdharilal Dolia Khemaram Balotia

Durgaram Singhadia Hariram Bansiwal

Girdharilal Changeriwal Asulal Kurdia

Copy to:- for similar necessary action -

1. The Hon’ble Minister, Social Justice and Empowerment, Govt. of Gujrat, Ghandhinagar.
2. The Hon’ble Chairman, National Commission of Scheduled Caste, New Delhi.
3. The Hon’ble Leader of Opposition, Legislative Assembly,Govt. of Gujrat, Gandhinagar.
4. The Hon’ble Chief Secretary, Govt. of Gujrat, Ghandhinagar.
5. The Hon’ble Minister, Social Justice and Empowerment, Govt. of India, New Delhi.
6. Shri Lal Krishna Advani, Hon’ble Member of Parliament, Gandhinagar.
7. Shri Harin Pathak, Hon’ble Member of Parliament, Ahmedabad.

Reserve 25 pc for poor in every class: HC

Ashish Tripathi, June 2, 2012, New Delhi:

Schools admitting new students to any class will have to reserve 25 per cent of their seats for children belonging to weaker sections and disadvantaged group following the mandate of the Right to Education (RTE) Act, the Delhi High Court has held.

 A bench comprising acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw passed the order after a PIL (public interest litigation) was filed by an NGO apprehending that schools making admissions were not following the reservation criterion set by the RTE Act. The court had also sought clarification from the Department of Education (DoE) regarding reservation of seats in schools.

The bench further explained that the schools, which are imparting pre-school education, would have to provide 25 per cent reservation to children belonging to EWS and disadvantaged groups at the pre-school level.

The schools, which do not have pre-school education and are admitting children in class I, should provide 25 per cent reservation to children belonging to weaker section and dis-advantaged groups.The bench also pointed that the interpretation given by it was in consonance with the historic judgment the Supreme Court upholding the Constitutional validity of the RTE Act. The Act is to be applied from the academic year 2012-13.

NGO Social Jurist approached the court seeking direction for enforcement of certain facets of the RTE Act.

It referred to an order issued by Delhi government’s Director of Education (DOE) on May 18, which had deferred the direction to schools for filling vacant seats under the EWS and disadvantaged category in classes other than pre-school and pre-primary, till receipt of clarifications from the Union government’s Ministry of Human Resource Development.

The NGO contended such a deferment would delay the admission to other classes, till beyond the beginning of the academic session, and would lead to the seats remaining vacant for the current academic year.

The DOE submitted that the unaided schools were interpreting the provision of the Act to mean that they are obliged to admit students belonging to EWS and disadvantaged group at entry level only and not at any other level, even if they were making admission at any other levell.

The court clarified the position making it mandatory for the schools to follow the Act by directing them to admit students from that group at each level and not confine it to only at entry level. 

http://www.deccanherald.com/content/254118/reserve-25-pc-poor-every.html

25% RTE quota for disadvantaged and EWS students

The Karnataka government has issued a notification defining the division of 25% RTE quota for the unprivileged children. The 25% RTE quota will be divided in 2 parts, disadvantaged groups and the EWS (economically weaker sections).

The disadvantaged group will comprise of 11 groups namely; ST, SC, category 1, 2(a), 2(b), 3(a), 3 (b), street children, orphans, children with special needs and HIV infected children. The students seeking admission under category 2(a), 2(b), 3(a) and 3(b) must have a family income below Rs 3.5 lakh per annum.

Children belonging to families with annual family income less than Rs 3.5 lakh which is also the condition for the creamy layer of backward class as defined by the social welfare department will come under EWS. The students seeking admission under EWS should not belong to any of the 11 disadvantaged groups.

Out of 25% seats, 7.5% seats have been assigned to SC and 1.5% for ST. Other 9 disadvantaged groups and EWS will share remaining 16% seats.

The notification of the social welfare department will decide the first 7 categories. The remaining will be as per the notification of the concerned department such as labour department.

The amount of Rs 11, 848 will be reimbursed by the government for each student admitted in class I. If the SC quota goes vacant then it can filled against ST students and vice-versa. If the 16% seats are vacant it will be filled by SC/ST and vice-versa.

The government is yet to take a call on how to fill the seats if they still remain vacant.

RTE is good, but govt needs to upgrade its schools, give support to private institutions

The RTE is a good initiative. We have a certain responsibility towards members of our society and we need to fulfill them. But it has to be implemented with proper infrastructure. There must be facilities in the school for such students so that they can be looked after. Separate teaching-learning facilities are needed in schools. Teachers also need to be conditioned accordingly, so that they don’t discriminate. And the students should not have the feeling that they come from a different (EWS) category. The government has taken a decision that these children should not be segregated. There are economical, psychological problems because they come from such heterogeneous backgrounds. But this will take time.
Would you buy the argument that if parents (general category) are ready to pay a little extra for the sake of their children, the government should not interfere with it?
Basically, every child in the country has the right to free and compulsory education, from the age of six to fourteen, rich or poor. It is thus the duty of the government to provide this free and compulsory education. So when the rich do not send their children to government schools because quality of education in (government) schools is not good, then they sacrifice their right to free and compulsory education and opt for private schools. They give up their rights and pay more fee than in government schools if the school is good and promises quality. At the same time, with the RTE, (EWS) students are also getting admission in the same schools alongside the general category students and free of cost. So who will pay the money? The government promises only
Rs 1,190 but the average expenditure on a DPS student per month is about Rs 5,000. Who will bear the cost? Again the burden will be on the parents of the rest of the 75 per cent children in a class. It’s like these parents are being punished, twice. One, for giving up their right to free education because the government failed to carry out its duty properly and, second, for bearing the burden of government’s promises in terms of 25 per cent reservation. There should be a solution to this. Either the government schools should upgraded or some support should be given to private schools.
Do you think that by having certain fixed criteria for providing admission to students, only those from a particular background get admitted? Does that hamper having a proper balance in the class?
There are no specifications in the EWS admissions. No criterion, except neighbourhood applies in this category. So under EWS, all types of students enter a class. Not particularly sibling or alumni. So in this 25 per cent there is no discrimination. But in the rest of the 75 per cent, school has the authority, that is given to it by the government, to formulate its admission policy with transparency. We abide by the rules. We have given weightage to all categories. Why should siblings not be considered? It becomes very difficult for parents to manage sending their children to two different schools.
Have parents under the EWS category raised any concerns?
There is a problem with the definition of the term. A peon, if he earns more than a lakh a year, cannot be placed under this category. While someone less suitable or needful may be. Question: What has been your experience with CCE?Answer: CCE is very good for the all-round development of the child. Thus, it serves the purpose of education. It caters to the physical, mental and social development of the child. From that perspective it’s very good. But implementation does not match up to the philosophy. It can vary from school to school and teacher to teacher. In our culture, one has to be very honest to be able to carry it out. The work load on the teachers has increased. Earlier it was the government’s job to conduct exams, check papers and declare results. But now it is all up to the teacher. The teacher is spending all his time in paper work.

EWS child denied admission to class 1

New Delhi, May 25, 2012, DHNS :

A child studying in Yuva Shakti Model School in Rohini Sector 3 has been denied admission to class 1 despite completing studies in UKG and LKG in the same school. Parents alleged that the school is forcing them to pay fees.

Kashish, a resident of Rohini, was admitted in 2009-10 academic session in LKG under the EWS category in this school. He was promoted to UKG in 2010-11, and was further promoted to class 1 in 2012-13. 

However, from April 1, 2012 the school asked the child not to come to school till his parents paid the entire fee. 

“We said that our child was studying under the EWS quota and we were not supposed to pay any fee. We tried to make them understand that we cannot afford such fees but the school authorities did not listen. 

“The child is still sitting at home as they are not allowing him to sit in class,” said Vijay Goel, the child’s father, who works in the organised sector. 

Since the school was turning a deaf ear to their problem, the parents approached the education officer of zone 13 in April and wrote a letter highlighting their issues. 

Ashok Agarwal, advocate and RTE campaigner, has written a letter to the directorate of education, asking the department to take action against the erring school. 

“It is submitted that the impugned action or inaction on the part of the school is arbitrary, discriminatory, unethical, unjust, improper, contrary to the provisions of Delhi School Education Act, 1973, violative of Articles 14, 15, 21, 21A and 38 of the Constitution, and also contrary to the provisions of the Right of Children to Free and Compulsory Education Act, 2009,” stated the letter.

The school authorities have given a written reply to the education department, saying the child has studied for two full sessions and he will have to pay fees to continue with his schooling. 

“The student was given a seat in the school on sympathy grounds as the parents had financial constraints. In 2011-12 and 2012-13, the parents did not apply under the EWS quota in the school, and hence no record stands with the school regarding his admission under EWS category,” stated the letter given by the school.

An open letter to President Pranab Mukherjee

An open letter to President Pranab Mukherjee

Aug 2, 2012, 05.17PM IST [ Jai Anant Dehadrai ]

Dear Pranab-da,

Namaskar and my heartiest congratulations on being elected to the office of the President of India.

I am writing to you as a proud young Indian with great hope in my heart for our beloved motherland. I have had the privilege of reading your opening address to the nation as the new 'Rashtrapati'.

Your words carried with them great weight in the truth that they sought to convey. I must confess, that to me as a student of the law, your commitment as President to preserving and upholding the Constitution at the very apex of our existence as a democratic polity, was something that greatly inspired me. It is with that inspiration in my heart that I find myself writing this letter to you. You mentioned two things in your speech that struck a chord with me; firstly, the grave importance of securing justice for the poorest of our people and secondly, the urgency of investing heavily in the knowledge and skill development of our youth - and I feel that these two factors in particular will determine India's presence at the high table of the world in the coming decade.

You pointed out in your address that India has indeed a long way to go in the coming decades. Interestingly, you also stated that it is 'the coming generations that would take India forward by quantum leaps'. The youth demographics of our country wholeheartedly corroborate your statement. Your words highlight the glaring importance of making large-scale investments in educational infrastructure to fuel the aspirations and dreams of our youth - investments that will ultimately yield invaluable dividends in the form of India's place in the world as a responsible superpower.

The role of the Indian President as the Constitutional Head of the largest and most expansive democracy on earth, therefore, assumes monumental importance in being able to achieve this grand vision.

Mr. Mukherjee, upon your assumption of office as the 13th President of India, it gives me no pleasure in pointing out to you as a student of the law that you have inherited a seat of power that is weighed down more by the collective taint of past Presidents who chose to discharge their official duties as docile rubber stamps, rather than live by the lofty ideals prescribed in our grand constitution. Most young Indians such as myself, regard you as the elder statesman of Indian politics - a man of strong political vision and an unflinching allegiance to the precepts of the Constitution of India. A man also capable of taking to task the Cabinet if it fails to adhere to the promise of discharging its Constitutional duties. It is for this reason that your commitment to 'preserve, protect and uphold' the Constitution assumes such great importance. The Constitutional ideals that you speak of i.e. 'democracy, equality of rights for every citizen, freedom of consciousness, secularism and economic equity' all demand a firm national grounding in education and unhindered mental growth. Without an enlightened youth, these constitutional ideals will be relegated to the sphere of grand rhetoric and the imaginary greatness of India.

As President, millions of young Indians such as myself would like to see you spearhead a revolution in top-quality education in India. As the conscience-keeper of our Government, the onerous responsibility of directing the Cabinet to use our nation's precious resources responsibly lies with you. India currently ranks an abysmal 134 on the Human Development Index, indicating that our budget outlay on education and health-care is severely inadequate. India desperately needs thousands of more primary and middle schools, where quality standards are strictly monitored by the Human Resources Minister. Having been the fortunate recipient of a top-quality education at one of India's premier law schools and later as a Master's student at an Ivy league university in the United States, I fail to understand why the Indian Government does not commit itself in replicating and expanding our best universities across the country. It pains me to read about the wasteful expenditure we continue to incur through our budget outlay year after year, on non-essential heads - while education continues to stagnate and is at best an after-thought. The grand vision that you speak of in your address can be realized only if the high office of the Indian Presidency that you now occupy is used to convince our Government that its greatest responsibility lies in committing itself to establishing great temples of learning where the arts and sciences can flourish. You have already sounded the battle cry - 'all for knowledge, and knowledge for all'. Amen to that.

As President, your vision for India will determine whether millions of citizens are granted access to speedy justice or not. Article 53 of the Constitution vests in you the executive power of the entire Union of India. The symbolism of this provision cannot be ignored in the least. It is distressing to find that the Judicial infrastructure of our country is in shambles. The lower court system has deteriorated to a level where the poor and illiterate have no recourse to legal remedies and are often victimized by greedy and short-sighted officers of the law. Our District and High Courts are burdened with ever expanding dockets and often suffer delayed judicial appointments, leading ultimately to the great misery of litigants and their families. Even more disconcerting is the fact that the Hon'ble Supreme Court, which was conceived originally as the last bastion of fairness, equity and justice for all citizens whose most sacred and fundamental rights had been violated, is now reduced to a court of mere final appeal where even trivial issues of little or no public importance are expected to be heard and decided. These facts are obviously alarming, and should ideally inspire the Government to act with sprightly fortitude to remedy and reform the crumbling infrastructure.

Mr. President, India needs your ability to build consensus on these issues now more than ever. Destiny has given us another chance to redeem ourselves and help build an India that the coming generations will be proud to inherit and committed to nurture. Your leadership can help pave the way for an enlightened youth where education is given the highest priority and is guaranteed by a robust justice delivery mechanism.

I hope you do not regard my letter as merely the rant of an idealistic youngster, but treat it as the exhortation of your children and theirs.

Jai Hind.

With warm personal regards,

Jai Anant Dehadrai

University of Pennsylvania Penn Law School

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