Praying that the Free and Compulsory Education Bill not be proceeded with till the preferences for central law, basing its architecture on a scheme inferior to one set out in another central law, etc, are adequately clarified; and, If the said Bill is proceeded with, Delhi be exempted from its purview in view of the conflict with Delhi Development Act, 1957, and so as not to frustrate constitutional processes underway) - Petition and covering letter of 03/03/2005

PETITION

To:

THE COUNCIL OF STATES (RAJYA SABHA)

The Petition of Gita Dewan Verma, Indian citizen and qualified planner based in Delhi

Sheweth:

  1. That the Free and Compulsory Education Bill articulates a scheme that is inferior to the statutory scheme for equal access neighbourhood schooling set out in Delhi Master Plan under Delhi Development Act, 1957 (an Act of Parliament), and even though the 86th Amendment does not necessarily call for a central law Government is proceeding with this Bill without clarifying its preference for legislating an inferior scheme, despite communications since 2003, including of 23.06.2004 in context of Common Minimum Programme (also forwarded to Secretary Ministry of Human Resource Development for appropriate action by Hon’ble President’s Secretariat as per letter P1/B-224072 dated 29.06.2004), annexed as Annexure-1.
  2. That provisions of the said Bill (eg, for “transitional schools”, “local area”, “proximate” school, “obligations” of fee-charging schools, etc), in effect, legitimise illegal “options” being advocated in Delhi out of reluctance to rectify misuse of school sites (due to, besides deliberate violations by some schools, Delhi government’s illegal recommendations for land allotment, etc, Delhi Municipal Corporation’s indifference to statutory options and failures of Delhi Development Authority and Ministry of Urban Development vis-à-vis the Plan), continuing past High Court’s directions against such misuse in Order of 27.10.2004 in WP (C) 8954-59/2003, whose summary, prayer and text of Order are at Annexure-2.
  3. That the Bill requires only “steps to ensure co-ordination, convergence and synergy among various programmes” (and not conformity with existing statutory schemes) and will, in effect, empower Delhi Government to abandon the Master Plan scheme, over-riding due process for Plan modification under Delhi Development Act, besides frustrating several pending constitutional processes since the question of non-implementation of the statutory Masters Plan scheme stands in responses to Public Notices u/s.11A of Delhi Development Act (awaiting disposal), memoranda to Parliamentary Standing Committee for Urban Development (awaiting hearing), matters before Delhi High Court (awaiting replies / disposal), CVC reference (awaiting action), etc and the matter of non-compliance of Order of 27.10.2004 has been raised in representations to Parliamentary Standing Committee (awaiting opportunity to give oral evidence, assured on 05.01.2005) and petitions to Hon’ble President (awaiting appropriate action by Delhi Government to whom they have been forwarded in February 2005).

Accordingly your petitioner prays that:

(1) The Free and Compulsory Education Bill not be proceeded with till the preferences for central law, basing its architecture on a scheme inferior to one set out in another central law, etc, are adequately clarified; and

(2) If the said Bill is proceeded with, Delhi be exempted from its purview in view of the conflict with Delhi Development Act, 1957, and so as not to frustrate the aforesaid constitutional processes.

Name of the Petitioner: Gita Dewan Verma

Address: 1356, D-I Vasant Kunj, New Delhi – 110070

Signature: sd/-

ANNEXURES

  1. Letter of 23.06.20041
    (with note2 and letter of 16.06.20043) to Secretary MoHRD with copy to others, forwarded also by President’s Secretariat (7p)
  2. WP 8954-59/2003 - Note4
    (1p)

COVERING LETTER

To

Dr Yogendra Narain

Secretary General, Rajya Sabha

Parliament House, New Delhi

Dear Sir,

Based on the ‘Information for General Public’ available on Parliament website, I am enclosing herewith a Petition in the matter of the Free and Compulsory Education Bill as well as in general public interest matter of necessity of ironing out conflicts among laws and constitutional processes.

According to news reports the Bill is to be introduced in the current Parliament session. Accordingly I request urgent examination of my Petition.

Thanking you,

Yours sincerely

sd/-

Gita Dewan Verma, Planner

Encl. as above, Petition (2 p) with Annexures (8p)