By Abu Zafar, IndiaTomorrow.net,
New Delhi, 27 June 2014: Taking serious note of denial of admission to students of class 9th and 11th by some government schools in Delhi, activist and lawyer Ashok Agarwal has written a letter to Directorate of Education, Government of NCT Delhi, demanding the authorities to take admission of the students as per norms of Right to Education Act.
He has also threatened that if schools don’t take admission of these students he will protest at the director’s office and also take the matter to Delhi High Court.
“I am regularly receiving complaints from students having cleared Classes VIII or X from government/recognised schools and possessing valid transfer certificates duly counter-signed by the Education Officer being arbitrarily refused admissions in classes IX and XI by the Delhi Government schools,” Agarwal’s letter reads.
“Seemingly, this is because the Directorate has come up with an absurd admission-test policy for students from recognised schools and out-station students seeking admission to Delhi Government schools in Classes IX and XI, which is totally unfounded and baseless,” it further reads.
Agarwal argues that RTE has a provision for automatic promotion of students till completion of elementary education and if the student has class 8th or 11th certificate then it is his/her right to be promoted for next class.
“Merely because a student is seeking inter-state or inter-school transfer, generally on genuine grounds, does not mean that impediments should be designed to prevent him or her from continuing education,” he added.
Agarwal said that even Central Board of Secondary Education doesn’t permit a student to restudy in class 10th if he/she has cleared it and after passing the 10th class if the students are denied admission in class 11th then they will be forced to leave the education.
“In such a circumstance, when a student cannot even go back and repeat class X, denial of admission to Class XI practically means denial of further continuation of education and spoiling his or her career,” he said.
He said that such students usually migrate for several genuine reasons like schools being only up to 8th standard or their family migrate from a place to another.
According to Agarwal such measures to deny admission are unjust and unfair.
“Needless to say, such an action, besides being unjust, arbitrary, illegal, unfair and unethical, also goes against the letter and spirit of the Constitution of India which guarantees to every person Right to Education as a Fundamental Right. It further goes contrary to the provisions of the Delhi School Education Act, 1973,” the lawyer added.
When asked if any government schools have shortage of space and proper arrangement of seating then how they can accept a large number of applications, Agarwal termed the logic as ‘irrelevant’.
“It is an irrelevant logic. It is the duty of the government to provide such arrangement. If not then students can study in tent. If you refuse admission then you will force them to child labour,” Agarwal told IndiaTomorrow.net.
“You can’t deny them only because they came from other states. If so then tomorrow you can deny a patient in hospital if he/she does not belong to Delhi,” he added.
Agarwal threatened protest and even to go to court.
“If government fails to accept these genuine demands then we will hold a protest-demonstration in front of the director’s office and knock the door of High Court,” he warned.
