A Civil Rights Group
Hon’ble Shri Arvinder Singh Lovely,
Govt. of GNCT of Delhi,
Delhi Secretariat, IP Estate,
Sub: - Govt. School expels 12 year old student in violation of the Right of Children to Free & Compulsory Education Act, 2009
Dear Shri Arvinder Singh ji,
It is brought to your kind notice that Master Ajay, a student of VI-C of Govt. Sr. Secondary School No.1 (boys) (second shift), Model Town-III, Delhi is not being allowed to attend classes by the principal of the school Shri Kishan Bhardwaj (Phone no 01127456108) saying that his name has been removed from the rolls of the school & under no circumstance, he would be readmitted in the school.
Master Ajay belongs to slum area of Lal Bagh & because of some family turmoil & problems, he was absent from 5th August’2009 onwards for almost 3 weeks at a stretch & because of this, his name was deleted from the roll call register. However, Ajay keeps on attending classes merely because of his interest in studies after that also and no one in the school objected to that. That again, because of disturbances & problems in the family of Ajay, his elder brother named Ajeet (20 years) died by committing suicide on 29 October 2009.
It is submitted that the last cremation and other rituals were performed by Ajay only as per his family wishes. But this again has great impact on this child’s mind now. So, to keep him engaged in studies, his parents (both laborers) want to readmit him in the school. The parents took the child to the school but the principal was adamant to readmit Ajay.
The parents of Ajay met Shri Nirbhay Narula (mob no. - 9810020302), a RETF volunteer about 15 days ago & brought to his notice the above facts. Mr. Nirbhay Narula immediately went to the school along with Ajay & his parents and met the principal appraising him with all the situation & happenings with Ajay. But, the principal flatly refused to readmit Ajay. Thereafter, Mr. Nirbhay Narula sent me an e-mail bringing to my notice the aforesaid facts.
On 12/1/2009, I sent an e-mail to Shri Rakesh Mohan, Secretary of Education, Govt. of NCT of Delhi bringing to his notice the aforementioned facts and requesting him to do the needful on urgent basis. However, nothing has been done on the matter till date.
You are well aware of the fact that the right to education is a fundamental right of every child under the Constitution. Article 21-A mandates the State to provide free & compulsory education to all children in the age group of 6-14 years. Moreover, the Delhi Schools Education Act, 1973 the Right of Children to Free & Compulsory Education Act, 2009 prohibit the school to expel or rusticate any student below the age of 14 years on any ground. Section-16 of the Right of Children to Free & Compulsory Education, 2009 is reproduced as under:-
“No child admitted in a school shall be held back in any class or
expelled from school till the completion of elementary education.”
Since Ajay is only 12 years old, the school was totally unjustified in refusing to readmit him in the school. In fact Ajay is also entitled to compensation from the school for violation of his fundamental right to education as guaranteed under articles 21 & 21-A of the Constitution of India.
It is, therefore, requested that necessary directions may be kindly issued to the school to readmit Ajay immediately and allow him to pursue his education further.
Ashok Agarwal, Advocate,
Advisor, Social Jurist,
Mob. No- 09811101923