Secretary (S&HE), MoHRD

Sub: CABE meeting (news reports1 of 15/07/2005)

Ref: Delhi High Court Order dated 26/05/05 ... our letter of 10/06/05 (enclosed2)

Dear Sir,

From news reports of CABE meeting of 14-15/07/05 it appears that differences over the Free and Compulsory Education Bill continue in respect of Common School System. We would like to bring to your attention the following matters in Delhi High Court that have a bearing on that discussion insofar as they pertain to the statutory Delhi Master Plan scheme consonant with the Neighbourhood School Plan recommended by Kothari Commission for operationalizing CSS:

1. WP 8954-59/2003, MPISG & Ors v/s DDA & Ors, PIL disposed off by Division Bench order of 27/10/04 for time-bound action against violations getting in the way of the statutory Delhi Master Plan scheme for equal access neighbourhood schooling. GNCTD (whose education minister, Mr Arvinder Singh Lovely, is a member of CABE committee for Girls Education and Common School System) was a respondent in these matters and the proceedings, notably DDA affidavit of 26/10/04, reveal that the impugned violations owe largely to illegal recommendations/permissions by GNCTD and no steps have been initiated for rectification in compliance of Order of 27/10/04.
2. LPA 196/2004, Rakesh Goel & Ors v/s Montfort School & Ors, an appeal case about interviews for admissions at nursery level in which views of schools / institutions were invited, also on neighbourhood schooling / common school system. Affidavits were reportedly filed by several including NIEPA and ‘Public study Group on CABE committees’ (whose ‘activities are coordinated and guided by a core group’ including Mr Anil Sadgopal, member of CABE committee for Girls Education and the Common School System and CABE committee for Free and Compulsory Education Bill). With reference to our WP 8954-59/2003 we had written to parties to bring to the attention of the Court the statutory Master Plan scheme as well as the fact of our PIL. However, by all accounts, the proceedings are continuing regardless of these.
3. W.P.(C) 15436/2004, Action Committee of Un-aided Schools v/s Director of Education & Ors, etc, batch matters in which hundreds of schools have challenged the GNCTD free-seats directive and in which we have filed an intervention application CM 3073/2005 in the context of Order of 27/10/04 in our WP 8954-59/2003. In these Union of India was impleaded through MoHRD (in our WP 8954-59/2003 it was respondent through MoUD, not represented on CABE) by Order of 26/05/05, with reference to which and prior communications we wrote to you the letter under reference. From what we could ascertain from the counsel present in court today (when the matters were listed and transferred and adjourned to 22/07/05), MoHRD has not filed an affidavit.

We would deeply appreciate response to our communications as well as copies of CABE committee reports, etc, relating to common school system / education Bill.

Yours sincerely

Gita Dewan Verma, MPISG Planner

Encl. as above, letter of 10/06/053 (without enclosures, 2p)

cc: with request for reports, etc, as above

• Prof Krishna Kumar, Director NCERT, Member-Secretary, Committee of CABE on the subject of “Girls Education and the Common School System”
• Prof Govinda, Director NIEPA, Member-Secretary, Committee of CABE on the subject of “Free and Compulsory Education Bill and other issues related to elementary education”

To support planned development. To oppose unplanned development. To protect our future.