Mon, Jan 14, 2013 at 3:29 PM
Delhi HC Notice to Delhi Govt. and govt. School
The High Court (Justice G.S.Sistani) today issued notices to Sarvodaya Girls’ Senior Secondary School, Kheda Khurd and the Directorate of Education, Delhi on a petition filed by a student Neha through Advocate Ashok Agarwal in Delhi High Court questioning inaction on the part of the School to grant admission to her in Class XI in the academic year 2012-13 and also to allow her to attend classes as she has passed Class X from the same school in the academic year 2011-12.
“Neha could not seek admission to class XI as she suffered from Jaundice, typhoid and anemia and remained under medical treatment from 31.07.2012 to 14.09.2012 under Government Dispensary. On recovering from her illness, she approached the school in September 2012 for admission but the school denied her admission without any valid reason and in the violation of the provisions of Delhi School Education Act, 1973. Since then, Neha and her father Ashok Sharma (M-9213518566) have been running from pillar to post but till date, the school has not granted her admission,” submitted Mr. Agarwal.
“It is unfortunate, that the Government of Delhi which claims to be working for the welfare of girl students has literally punished the poor girl Neha by denying admission to her. The Government did not move even after receiving a legal notice of 11.12.2012 from the Social Jurist. Neha cannot be denied admission in such case where she could not join the school on account of her illness. A student cannot be legally asked to wait for another year as she may either loose interest in studies or may go astray on account of the passage of time,” argued Mr. Agarwal.
The next date of hearing is 23.01.2013.
Ashok Agarwal, Advocate
M-09811101923 13.01.2013
Showing posts with label High Court. Show all posts
Showing posts with label High Court. Show all posts
Monday, January 14, 2013
Sunday, September 23, 2012
Non-Payment of salary to teachers
Fri, Sep 21, 2012 at 3:09 PM 5th & 6th PAY COMMISSIONS
HC Issues contempt notice to private schools
The Delhi High Court today issued contempt notice to a private school, Rukmini Devi Jaipuria School, Rajpur Road for not paying salary and arrears to its teachers as per the 5th & 6th Pay Commissions.
Hearing a contempt petition filed by the aggrieved teachers through advocate, Ashok Agarwal, a single bench comprising Justice Rajiv Shakdher directed the school to reply to the contempt notices by 14 December 2012.
The contempt petition has been filed against the school for disobeying the earlier court order dated 11/052012 in which a Division Bench comprising Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw had directed the erring school to pay the salary as well as arrears with effect from 1/1/1996.
The Delhi High Court had held that the teachers of unaided private schools are entitled to same pay and emoluments as those of government schools. Rejecting an appeal by a private school, a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw upheld the single judge's order directing Rukmini Devi Jaipuria School, Rajpura Road, to pay arrears of salary to its teachers with effect from January one, 1996.
Directing the school to pay the arrears in four weeks, the bench also imposed a cost of Rs 30,000 on it.
The court dismissed the school's argument that the pay commission recommendations are only applicable to the government-aided schools and not to private schools.
The court accepted the contention of Ashok Agarwal, the counsel for the teachers, that it's a travesty of justice that the teachers are denied their lawful salary without any justification.
The court also held that the employees of all unaided recognised private schools are entitled to benefits of pay and emoluments from January 1, 1996, the date the fifth pay commission recommendations became applicable and the schools cannot deny or delay the same on the ground that it could not recover fee from the students.
Only recently, the Justice Anil Dev Singh Committee for Review of School Fee had found as many as 143 Delhi Unaided Private Schools which claimed to have increased the fee consequent to the order of the Directorate of Education dated 11/2/2009 but have not implemented the recommendations of Sixth Pay Commission.
Ashok Agarwal, Advocate
M-09811101923
21.09.2012
HC Issues contempt notice to private schools
The Delhi High Court today issued contempt notice to a private school, Rukmini Devi Jaipuria School, Rajpur Road for not paying salary and arrears to its teachers as per the 5th & 6th Pay Commissions.
Hearing a contempt petition filed by the aggrieved teachers through advocate, Ashok Agarwal, a single bench comprising Justice Rajiv Shakdher directed the school to reply to the contempt notices by 14 December 2012.
The contempt petition has been filed against the school for disobeying the earlier court order dated 11/052012 in which a Division Bench comprising Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw had directed the erring school to pay the salary as well as arrears with effect from 1/1/1996.
The Delhi High Court had held that the teachers of unaided private schools are entitled to same pay and emoluments as those of government schools. Rejecting an appeal by a private school, a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw upheld the single judge's order directing Rukmini Devi Jaipuria School, Rajpura Road, to pay arrears of salary to its teachers with effect from January one, 1996.
Directing the school to pay the arrears in four weeks, the bench also imposed a cost of Rs 30,000 on it.
The court dismissed the school's argument that the pay commission recommendations are only applicable to the government-aided schools and not to private schools.
The court accepted the contention of Ashok Agarwal, the counsel for the teachers, that it's a travesty of justice that the teachers are denied their lawful salary without any justification.
The court also held that the employees of all unaided recognised private schools are entitled to benefits of pay and emoluments from January 1, 1996, the date the fifth pay commission recommendations became applicable and the schools cannot deny or delay the same on the ground that it could not recover fee from the students.
Only recently, the Justice Anil Dev Singh Committee for Review of School Fee had found as many as 143 Delhi Unaided Private Schools which claimed to have increased the fee consequent to the order of the Directorate of Education dated 11/2/2009 but have not implemented the recommendations of Sixth Pay Commission.
Ashok Agarwal, Advocate
M-09811101923
21.09.2012
Thursday, September 20, 2012
Delhi High Court on Students Postcards
Reveal Shocking State in Govt. and MCD Schools
Delhi High Court (A.K. Sikri ACJ & Rajeev Sahai Enlaw J) today expressed great displeasure over the state of affairs going on in Government and MCD schools wherein students are mercilessly beaten up by teachers, teachers remain absent for lectures and a dismal state of infrastructure prevails.
Taking cognizance of the petition by Advocate Ashok Agarwal, based on 181 post-cards written by the students of Delhi government and M.C.D. schools in Madanpur Khadar to the Delhi High Court Chief Justice, and taking notice of the moving contents of the petition, the Division Bench consisting of Acting Chief Justice A.K. Sikri and Justice Rajeev Sahai Endlaw issued notices to the Government of NCT of Delhi and M.C.D directing them to file their response within 4 weeks.
The school-children had written moving post-cards narrating the conditions in these schools, on issues ranging from corporal punishment to infrastructure and quality of teaching. Students had written that they are consistently abused and beaten up with fists, kicks, flinging shoes, sandals and canes. Some teachers fling shoes towards students for pointing out the teacher’s mistakes. Others are beaten up with shoe-blows for using teachers’ toilets, while students’ toilets are in an unusable state. Some teachers play Cricket in school instead of teaching. 140-150 students are made to accommodate in one classroom having not more than 20-30 benches. Classrooms have broken ceilings through which rainwater comes and collects in the classrooms and walls give electric shocks.
“In the absence of conducive environment in the schools, the constitutional guarantee of quality education shall remain elusive”, argued Advocate Ashok Agarwal.
Next date of hearing is 07.11.2012.
Ashok Agarwal, Advocate
19 September 2012
M-09811101923
Delhi High Court (A.K. Sikri ACJ & Rajeev Sahai Enlaw J) today expressed great displeasure over the state of affairs going on in Government and MCD schools wherein students are mercilessly beaten up by teachers, teachers remain absent for lectures and a dismal state of infrastructure prevails.Taking cognizance of the petition by Advocate Ashok Agarwal, based on 181 post-cards written by the students of Delhi government and M.C.D. schools in Madanpur Khadar to the Delhi High Court Chief Justice, and taking notice of the moving contents of the petition, the Division Bench consisting of Acting Chief Justice A.K. Sikri and Justice Rajeev Sahai Endlaw issued notices to the Government of NCT of Delhi and M.C.D directing them to file their response within 4 weeks.
The school-children had written moving post-cards narrating the conditions in these schools, on issues ranging from corporal punishment to infrastructure and quality of teaching. Students had written that they are consistently abused and beaten up with fists, kicks, flinging shoes, sandals and canes. Some teachers fling shoes towards students for pointing out the teacher’s mistakes. Others are beaten up with shoe-blows for using teachers’ toilets, while students’ toilets are in an unusable state. Some teachers play Cricket in school instead of teaching. 140-150 students are made to accommodate in one classroom having not more than 20-30 benches. Classrooms have broken ceilings through which rainwater comes and collects in the classrooms and walls give electric shocks.
“In the absence of conducive environment in the schools, the constitutional guarantee of quality education shall remain elusive”, argued Advocate Ashok Agarwal.
Next date of hearing is 07.11.2012.
Ashok Agarwal, Advocate
19 September 2012
M-09811101923
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