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Re: [arkitectindia] St. Xavier's Sr. Sec. School illegally and arbitrarily expels 12 yrs old Class VI student Suman Bhati

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  • naaz khair
    Thanks for bringing these violations of child rights to our notice, creates awareness regarding legal way out to these issues. Would be interesting to know if
    Message 1 of 3 , Mar 31, 2010
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      Thanks for bringing these violations of child rights to our notice, creates awareness regarding legal way out to these issues. Would be interesting to know if Suman Bhati was taken back by her school following this action. Leading schools like St. Xavier should act in a more enlightened and responsible manner!
       
      Best,
       
      Naaz

      On Wed, Mar 31, 2010 at 6:08 PM, Ashok Agarwal <ashokagarwal1952@...> wrote:
       


       



      SOCIAL JURIST         

      31.03.2010

      To,

       

      1.         Hon’ble the Education Minister

      Govt. of NCT of Delhi

      Secretariat, I. P. Estate,

      New Delhi-110002

       

      2.         The Director of Education

      Govt. of NCT of Delhi

      Old Secretariat Building

      Civil Lines, Delhi-110054

       

       

      Sub:     St. Xavier’s Sr. Sec. School illegally and arbitrarily expels 12 yrs old Class VI student Suman Bhati

       

      Dear Sir,

       

      We have the honour to bring to your kind notice that St. Xavier’s Senior Secondary School, Rajniwas Marg, Delhi-54 has expelled 12 years old class VI student Suman Bhati from the school on 27.03.2010 on the ground that she failed in class VI. It is submitted that the said action on the part of the school is totally illegal, anti-child, arbitrary, unjust, punitive in nature, unethical, discriminatory, unconstitutional, violative of the provisions of the Delhi School Education Act, 1973, the Right of Children to Free and Compulsory Education Act, 2009, hit by the provisions of Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with UN Convention on the Rights of the Child (1989).

       

      It is submitted that Suman, D/o Shri Naresh Bhati (M-09811460947), R/o J-42, Aruna Nagar, Majnu Ka Tila, Civil Lines, Delhi-110054 has been a regular student of the said school since Class K.G. It is submitted that on 27.03.2010, the Principal handed over the marks-sheet to Suman’s father with the following remark : “Detained and withdrawn”. It was also told to the parent verbally that the student had been removed from the school from now on. It is submitted that Mr. Naresh Bhati on 27.03.2010 and also on 29.03.2010 requested the Principal of the school to not to remove his daughter as it would ruin the future of the child. He also submitted a written representation to the Principal on 29.03.2010 with a request to permit her child to continue her studies in the school.

       

      However, the Principal remained adamant throughout and declined to accept the request of the parent.

       

      It is submitted that after having failed to persuade the Principal of the school to let Suman continue her studies in the said school, the parents and the student approached the undersigned with a request to help the child. The undersigned has sent a phonogram dated 31.03.2010 to you as well as to the Principal of the school requesting the school to forthwith allow the student Suman to continue her studies in the school. However, no response has been received so far.

       

      It is unfortunate that in a time when the Government is coming up with laws, schemes and policies to encourage the girl child to study more, here is a school that is trying to jeopardize a class VI girl’s future by expelling her from the school system. It is highly unjust as well as illegal to expel a student who wishes to study further and make her career.

       

      It is submitted that in terms of the provisions of Rules 35, 36 and 37 of the Delhi School Education Rules, 1973 and Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 no student admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.

       

      Section 16 of the the Right of Children to Free and Compulsory Education Act, 2009 is reproduced below:

       

      “Section 16. Prohibition of holding back an expulsion- No child admitted in a school shall be held back in any class or expelled from the school till the completion of elementary education.

       

      It is, therefore, submitted that the school has no authority in law to remove Suman from the school as she has yet not completed elementary education. In any case, a student can not be removed from the school on the ground that she has failed in a class. It appears that the school has no respect for the law or for the child’s future. In the present case, Suman has every right to continue in the school and complete her studies. The action of the school is totally illegal and arbitrary.

       

      It is, therefore, requested that you may kindly immediately intervene in the matter and direct the Principal of St. Xavier’s Senior Secondary School, Rajniwas Marg to allow Suman to continue her studies in the school.

       

      With regards

       

       

      Ashok Agarwal (Advocate)

      Advisor, Social Jurist

      M- 9811101923



      All the latest on four wheels and more Get it now.




      --
      Naaz Khair
    • Ashok Agarwal
      Dear Naaz, Indian Express has carried a story today. I hope that wisdom will prevail over the school and Suman would be taken back. If it does not happen, I
      Message 2 of 3 , Mar 31, 2010
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        Dear Naaz,

        Indian Express has carried a story today. I hope that wisdom will prevail over the school and Suman would be taken back. If it does not happen, I will file a petition in the High Court.

        with regards,

        ashok agarwal, advocate
        M-09811101923
        01.04.2010


        To: arkitectindia@yahoogroups.com
        From: naazkhair@...
        Date: Wed, 31 Mar 2010 23:57:06 +0530
        Subject: Re: [arkitectindia] St. Xavier's Sr. Sec. School illegally and arbitrarily expels 12 yrs old Class VI student Suman Bhati

         

        Thanks for bringing these violations of child rights to our notice, creates awareness regarding legal way out to these issues. Would be interesting to know if Suman Bhati was taken back by her school following this action. Leading schools like St. Xavier should act in a more enlightened and responsible manner!
         
        Best,
         
        Naaz

        On Wed, Mar 31, 2010 at 6:08 PM, Ashok Agarwal <ashokagarwal1952@ hotmail.com> wrote:
         

         



        SOCIAL JURIST         

        31.03.2010

        To,

         

        1.         Hon’ble the Education Minister

        Govt. of NCT of Delhi

        Secretariat, I. P. Estate,

        New Delhi-110002

         

        2.         The Director of Education

        Govt. of NCT of Delhi

        Old Secretariat Building

        Civil Lines, Delhi-110054

         

         

        Sub:     St. Xavier’s Sr. Sec. School illegally and arbitrarily expels 12 yrs old Class VI student Suman Bhati

         

        Dear Sir,

         

        We have the honour to bring to your kind notice that St. Xavier’s Senior Secondary School, Rajniwas Marg, Delhi-54 has expelled 12 years old class VI student Suman Bhati from the school on 27.03.2010 on the ground that she failed in class VI. It is submitted that the said action on the part of the school is totally illegal, anti-child, arbitrary, unjust, punitive in nature, unethical, discriminatory, unconstitutional, violative of the provisions of the Delhi School Education Act, 1973, the Right of Children to Free and Compulsory Education Act, 2009, hit by the provisions of Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with UN Convention on the Rights of the Child (1989).

         

        It is submitted that Suman, D/o Shri Naresh Bhati (M-09811460947) , R/o J-42, Aruna Nagar, Majnu Ka Tila, Civil Lines, Delhi-110054 has been a regular student of the said school since Class K.G. It is submitted that on 27.03.2010, the Principal handed over the marks-sheet to Suman’s father with the following remark : “Detained and withdrawn”. It was also told to the parent verbally that the student had been removed from the school from now on. It is submitted that Mr. Naresh Bhati on 27.03.2010 and also on 29.03.2010 requested the Principal of the school to not to remove his daughter as it would ruin the future of the child. He also submitted a written representation to the Principal on 29.03.2010 with a request to permit her child to continue her studies in the school.

         

        However, the Principal remained adamant throughout and declined to accept the request of the parent.

         

        It is submitted that after having failed to persuade the Principal of the school to let Suman continue her studies in the said school, the parents and the student approached the undersigned with a request to help the child. The undersigned has sent a phonogram dated 31.03.2010 to you as well as to the Principal of the school requesting the school to forthwith allow the student Suman to continue her studies in the school. However, no response has been received so far.

         

        It is unfortunate that in a time when the Government is coming up with laws, schemes and policies to encourage the girl child to study more, here is a school that is trying to jeopardize a class VI girl’s future by expelling her from the school system. It is highly unjust as well as illegal to expel a student who wishes to study further and make her career.

         

        It is submitted that in terms of the provisions of Rules 35, 36 and 37 of the Delhi School Education Rules, 1973 and Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 no student admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.

         

        Section 16 of the the Right of Children to Free and Compulsory Education Act, 2009 is reproduced below:

         

        “Section 16. Prohibition of holding back an expulsion- No child admitted in a school shall be held back in any class or expelled from the school till the completion of elementary education.

         

        It is, therefore, submitted that the school has no authority in law to remove Suman from the school as she has yet not completed elementary education. In any case, a student can not be removed from the school on the ground that she has failed in a class. It appears that the school has no respect for the law or for the child’s future. In the present case, Suman has every right to continue in the school and complete her studies. The action of the school is totally illegal and arbitrary.

         

        It is, therefore, requested that you may kindly immediately intervene in the matter and direct the Principal of St. Xavier’s Senior Secondary School, Rajniwas Marg to allow Suman to continue her studies in the school.

         

        With regards

         

         

        Ashok Agarwal (Advocate)

        Advisor, Social Jurist

        M- 9811101923



        All the latest on four wheels and more Get it now.




        --
        Naaz Khair



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