Amraj Kundu & Ors v. South Delhi Municipal Corporation & Ors

1. This writ petition in Public Interest Litigation points out the statutory recognition of the right to education under Article 21-A of the Constitution of India by,virtue of Right to Children of Free and Compulsory Education Act,2009..

2. It is contended by the petitioners, who appear in person, that despite the seriousness with which the, Legislature has treated the matter of education to children, the respondents have not proceeded in a like manner. It is also submitted that there is no platform on which the complete information regarding the availability of the education opportunity available to the citizens of the country or the details of the procedure to be followed, especially to prospective students. W.P.(C) 12018 of2016 •, Page 1 of[6] 2017:DHC:8163-DB

3. The petition has pointed out that in discharge of the Constitutional mandate, the Municipal Corporations of Delhi which include South Delhi Municipal Corporation (SDMC), Isforth;Delhi Municipal Corporation (NDMC) and East Delhi Municipal Corporation (EDMC) are running - V Primary Schools in Delhi. It is submitted by the petitioners that before filing this PIL, the petitioners had made representation to the respondents, which are Unaddressed... 4.: In this background, the writ-petitioners have made the, following prayers:.;, ' ' • ', "i.) To direct the respondents to publish on their website information regarding the availability of.sea:ts school-wise for the academic year 2017-18. /,,,,'. ii.) To direct the respondents to publish on, their website, infomiation regarding admission process, entry class pf each school.recognised by the respondents and the grievance redressal mechanism. iii.). To appoint a Monitoring ' Committee under the -;, supervision of this Hon'ble Qourt to monitor the implementation of Right to Education in schools recognised by, the respondents and the direction issued by this Hon'ble Court. -,, ' iv.). To direct the respondents to file with this Hon'ble Court a compliance report^ after the completion of admission process, along with details of number of seats filled school-wise, total • applications received, grievances filed and the list of students' thus,admitted. -.;. -

5. Given the subject matter ofthe writ petition; prayers made-by the writ petitioners arid the counter affidavits of the respondents available on record,. we are of the view that the writ petition, does-not need to detain us for protracted hearings. We can dispose of the same by making the appropriate W.P.(C) 12018 of2016 Page 2 of[6] f..O directions at this stage itself. '

6. We may note that the EDMC has taken a stand that full information regarding the availability of seats in Municipal schools for. the,Academic Year 2017-18 as weiras the relevant information including the details ofthe grievance redressal mechanism are available on its website. ".

7. Mr.Anurag:Kundu, the petitioner who appears in person contends that so far as Primary Schools run by the Municipal Corporations are concerned, documents extracted from the website ofthe Municipal Corporation ofDelhi and placed on record state tha.t ""admissions are.not opened''. The petitioner has also placed a snapshot of the official website of North Delhi Municipal Corporation wherein it is stated tha.t ''submission ofonline RTI application has been suspended due to updation ofsoftware^\ The petitioner contends thatthis position has been subsisting for overthree years and.such excuse is utilized by the respondents to block access to information on the website of the Municipal,Corporation.

8. The writ petitioners make further grievance that in addition to Primary Schools beingrun by the Municipal Corporation, it is granting recognition to private schools in exercise of powers conferred on it under Section 2(e)(iii) of the Delhi School Education Act, 1973. In. this manner, the three Municipal Corporations-have grarited recognition to a total of 1003 private primary schools. The grievance is that despite the statutory mandate of"the Delhi School Education Act, 1973, in complete derogation of the duties -prescribed by law under Section 9(e) of the Right to Children of Free and Compulsoiy Education Act, 2009, the Municipal Corporations are iiot monitoring admission, attendance or compbtion of elementary education by every child residingwithin itsjurisdiction.

9. Section 9(e) of the Right to Children'of Free and Cbmpulsory W.P.(C) 12018 of2016, '., Page 3of[6] 2017:DHC:8163-DB. /, Education AcV2G09 reads as binder:; v-:. j;;; i -.;(e) - ensure and monitor admission, attendance and CO ' /, of elemental^ eduekion by/every\child residing within its, • '-J.. • 5.. jurisdiction."VV 1•; ^;•,v.- ' o£ the -concerned; Municipal ensure atid monitor the.., - -.Wniission,' attenciartce and cpmpletibn of elemehtary education by every., / ' child residing within itsjurisdiction,^.../ • V. f; ".V 10. It is also stated.that,recognition'to private schopls is.granted by the ', respondents by virtue ofthe powers.conferred oh/them,unties Section-42(r);; V: ^ of DMC Act, 1957. In\this regard,' the EDMC/respondent No.3 in its '; i no 901'7 OO. oftlf*!1G• •• ' f• " V' "13. That as regai •;;EDMG toLchildren studying;inits school, it is submitted that" -.- primary education is an obligatoiy function,of the corporation -:.; '; under S^ctibn' 42(t) of DMC Act. 19571Thefuim 'of the > ~ •.; Education Department of the Municipal Gpiporatipns is to.:-; /;bnng every child, in age group of 5+ to' 11 years, to^ school. -.The National Policy on Education. 19S[6] (Revised and Enlarged ^. in 199^) \also lays 'emphasis^:On attaining, t^^^.objective,ofJ...uniyefsal em-olment and retention ofchildreri; and improvemefit... ^..r ~jn,the~^alityofeduc^ioihin;::V:'^ ' /.,;:.{14.^ That; the Education Department of the Municipal •, •.,: • Corporations is also governed by the Delhi School Education,. •, ^;: Act 1973:":: V:;: '-v '• '.. r•' •'; V •.4, (Emphasis by us); V-' -11. rIt is submitted by the petitioners that even the terms of recognition;• >.;. granted to these, private Primary Schools under Delhi Education Act, 1973 ': have not beien implemented W" the fesporide^^ •.'.control or regulate the conduct oftheir affairs.,/• ^ ~ \. W.P,(C) 12018 of2016 \;> • 1 ' Page 4of[6]

12. So far as the writ,petition is concerned, the same is confined to.one important facet of the school functioning which is to make public all information regarding the availability of seats, admissions, completion of admissions, vacancies which arise or become available either on account of the, same not getting filled up during the admission process or students leaving the school, as well as the details of the grievance redressal mechanism.

13. In view of the above, we issue, the following directions to the, respondents: '. ' _, •,

(i) All the primary schools whether being run by the Municipal

Corporations or recognised by it, shall forward a complete list -: ' of the yacancies in all classes as obtained onthe 31®' December „ every year to the respective Municipal Corporation. This, statement shall include the number of vacancies with regard to the lowest class of the schools as well. In case, there is any classification or specified categories of students who^are to be granted admission, the details thereof shall also be furnished to the concerned Municipal Corporation. (ii): By the same date, the schools shall also furnish to the ' Municipal Corporation the complete details of the admission. procedure, the forms to be filled up and the documents whiiph - are to be furnished by and oh behalf of the applicants along with the methodology which the schools would to follow in the completion of admission process.. >, (iii) In addition, the schools shall provide, complete, information with regard to the updated grievance redressal mechanism to the Municipal Corporation on or before 1®' February of each, W.P.(C) 12018of2016 Page 5 of[6] 't '-i.. i:. V ' V.. • caleM,; ' (iv)"Tr M its websitesby 1 ofFebmaiy every year..-.: -". v(y);.j"After,conipletion of admission, the details of the seats whieti. have been filled asV.weiras such remaining un^^^,. reason: thereof^ shall also' be inforaied by the schools to;fce ', respective on'br bpfdre 1®^ April,of: ^ - every year, which shallalso be uploaded oh its website witHih a!, y period of 30 daystheireafter., i - ' -/ (vi) ^ the respdnsibiiity of the Municipal Corporations to - -a on. '. "' •,; recognition by- it, of the directions niade today ty this Court - - ahd-to ensure,comphance ofthe same/; 3 ^ ^':, ! ';.. 14: ' ' / i%5^rto theparities; • V..- ' \ ACTING PHiEFauStlCE ANU MALHOTrCj, APRIir26,20i7/pmc W-P.(C) 12018 of2016 Page 6 of[6], • '.c