Petition to President, Letter, Court Matter
Non-compliance of court order against violations impairing equal access education Petition to President
Hon’ble President of India
Sub: Non-compliance of court order against violations impairing equal access education
Ref: P1/B-224072 of 29.06.04 and P1/C-82331 of 03.08.04 forwarding for appropriate action our communications of, respectively, 23.06.2004 to Secy MoHRD and 28.07.04 to Secy MoUD
Delhi Master Plan sets out a statutory scheme for the Constitutional commitment to universalizing education through equal access neighbourhood schooling. The procedural regime for this is by way of mandatory provisions for school sites and buildings that apply to all (ie, irrespective of who owns or allots the sites or constructs the buildings) and, for sites allotted by authorities (as in Vasant Kunj), also by way of conditions of leases executed between President of India and the school trust.
Since 2000 we have been pointing out the statutory scheme of equal access education and violations getting in its way, while others seem trying to find options that do not require action against violators. We consider such an exercise amoral and it has itself proved it is futile. In December 2003 we moved court and our PIL were disposed off on 27.10.2004 with directions for action against violations on (practically all) school sites in Vasant Kunj in 12 weeks.
These violations were brought to the attention of the authorities in an illustrated report in 2001 on which DDA had assured action. In 2003 DDA VC (now Secretary MoUD) issued public notice asking schools to declare violations. In our PIL DDA affidavits deny violations, while inspection reports and notices in annexure in additional affidavit of a day before disposal fully concede them. GNCTD affidavit only states its illegal “policy” for arbitrarily distributing “essentiality certificates” and “upgradation permissions” for misuse. MCD, perhaps forgetting that education is its obligatory function, claims no role in PIL on equal access schooling. Afterwards, neither DDA/GNCTD nor schools have got back on our letters about compliance and the 12 weeks have now elapsed.
We are baffled by the comparison between our matter and brisk progress in a later one (an appeal case on admission by lottery) in which neighbourhood schooling is being defined without reference to law or fact of our PIL by authorities, NGOs, national education institutions and even Attorney General (all expected to be seized of law and facts, also by our note of June 2004, forwarded as per P1/B-224072 of 29.06.04). We are baffled by the comparison between summary demolition of a small school on private land (case forwarded as per P1/C-82331 of 03.08.04) and continuing reluctance to act against huge violations on public land. We are baffled by the indifference towards, and the anomie that has come to stand in the way of, a long standing and waiting Constitutional commitment. In face of all-round reluctance to interfere with misuse of public resources leased in name of President for equal education, we see no point in going to court again or in the 2% education cess.
Especially since the sites under violations continuing past court orders are leased in name of your office, we petition you. Please grant us a hearing.
In hope amidst anomie, with Republic Day greetings,
Gita Dewan Verma, MPISG Planner
Our letters of 28.12.20041
to DDA/GNCTD and of 06.01.20052
to schools about compliance
To support planned development. To oppose unplanned development. To protect our future.