CBSE Rejects Saraswati Mandir School’s Affiliation Application

Central Board of Secondary Education (CBSE) has informed many grounds for rejection of the affiliation application of the school.

The affiliation application of the Saraswati Mandir School of Mahim, (Maharashtra) has been rejected by the Central Board of Secondary Education (CBSE) over non submission of  the necessary documents by the school management. The information has been revealed by the crusader parent of the school Mr.Makarand Kane whose children are still allegedly harassed by the school management over non payment of excessive fees issue.

Explaining this Mr.Makarand Kane said, ‘I had read an article of organization about how to check the CBSE affiliation of the school online. I was shocked to observe that the school management’s details were not shown as affiliated school. Accordingly i filed right to information application to the CBSE which confirmed the fact that the school management is not affiliated to the CBSE’.
Must Read- How to Check CBSE Affiliation of the School Online

‘As it was proved that the school management has cheated the parents of the school by fraudulently representing itself as affiliated to the CBSE, i informed same to the CBSE and asked not to approve their CBSE affiliation application at any cost. However the CBSE rejected my right to information application which sought the information of the current status of the application. Accordingly i discussed the issue with my lawyer and submitted the first appeal immediately, taking cognizance of my application the CBSE has informed me that the affiliation application of the school has been rejected.’ Added Mr.Kane.

Grounds for rejection of CBSE Affiliation-
The organization has the copy of the Central Board of Secondary Education (CBSE) reply which has informed the following grounds for rejection of the affiliation application of Saraswati Mandir School, Mahim-
1) Non submission of No Objection Certificate (NOC)-
The information provided under the right to information act states that the school management has not provided the No Objection Certificate (NOC) from the state government.
Mental Harassment to Misguide the Parents About CBSE Status- Ex Principal Alleges

2) Non submission of Land Certificate-
The CBSE reply reveals shocking fact that the school management has not submitted Land Certificate issued by any competent authority of Revenue Department, i..e by Registrar, Sub Registrar or Tehsildar.
3) Non Submission of Certificate of Municipal Jurisdiction-
CBSE reply has further stated that the school management did not submit the copy of certificate issued by the competent authority by municipal corporation of the city confirming that the address of the school comes under the limits of municipal corporation to claim land relaxation.
Saraswati Mandir School Removes ‘CBSE’ Board from the Premises.
Infuriated Saraswati Mandir School Bans Rubella Vaccination of Twin Students

4) Non Submission of affidavit Duly Sworn before the Magistrate-
CBSE has further stated that the school did not submit affidavit duly sworn in before First Class Magistrate as per Appendix IV of the affidavit bye laws.
5) Submission of Unregistered Sale Deed-
The CBSE reply also mentions that the school management though was required to submit the registered sale deed of the land as ownership documents, the school has submitted copy of of unregistered sale deed only.

6) Non submission of Building Safety Certificate-
The CBSE has clarified that the school management has not submitted the Building Safety Certificate issued by the Engineer of the concerned government office department of  state government.
7) Non submission of the Balance Sheet & Financial Status-
Though it is an important requirement to submit the Balance Sheet Financial Status Certificate of the school, as per the CBSE reply the school management instead of school’s documents has submitted the balance sheet of the trust’s account.
8) Non submission of payment of salary through Cheque/KCS mode to employees-
The school management has not submitted the relevant documents for proving the fact that the salary to employees are paid through check or KCS mode from concerned bank.

Prohibition to Start IX to XII CBSE classes-
It is further informed that the CBSE has asked the school management that it shall not start classes under CBSE pattern for class IX to XII as the case may be without grant of affiliation by the board, otherwise the board will not be responsible for any consequences arising out of it

Reluctance of the CBSE to Provide the Information-
It is pertinent to note that the CBSE earlier rejected to provide the information above mentioned through right to information application which was only provided after the organization provided the legal draft to Mr.Makarand Kane which we believe an unfortunate and unwanted reluctant action from the CBSE.

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
10) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
11) Charge Fees as Per FRC & Readmit the Expelled Children-Supreme Court
12) Schools Cannot Withhold T.C for Non-Payment of Fees-Madras High Court
13) Rule for disciplinary action against officers of Municipal Corporation & Zilla Parishad- Maharashtra 
14) How To File Online RTI Application & First Appeal at State of Maharashtra
15) The Maharashtra Public Records Act 2005-Important Provisions
16) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
17) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
18) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
19) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
20) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
21) Haryana State Police Complaints Authority- Powers, Functions & Address
22) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Schools Cannot Withhold T.C for Non-Payment of Fees-Madras High Court

The Madras High Court held that the schools have only option to file recovery suit and cannot withhold documents for non payment of fees by the parents.

The judgement of the Madras High Court’s Madurai Bench Dtd.18.05.2017 which directed the school management not to withhold the Transfer Certificate, Mark Statements & Conduct Certificate of the students for the non payment of fees & also mentioned that the only remedy for the school management is to file recovery suit against the parents & further warned the school management not to adopt coercive methods, has been finally uploaded & available for download on the official website of the Madras High Court pursuant to request made by the social activist from Rajasthan, Smt.Pratibha Deepak to the registrar of the Madras High Court.

Explaining this issue, Smt.Pratibha Deepak said that, ‘I came to know about the Madras High Court’s judgement from the newspapers. However when i tried to search the judgement on the official website of the Madras High Court, i observed that the judgement is not uploaded yet. Accordingly i sent my query to the Registrar of the Madras High Court who took the immediate action and the order was uploaded instantly’.

The organization has already published an article earlier related to case laws against illegal fee hike & expulsion of the children by the private schools as follows-
Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
**We have also created a Single Page where all the Legal Awareness Articles for Common People to fight against Corrupt System including errant Public & Police Officers are posted as follows-
https://wp.me/P9WJa1-PL

The order of the Madurai Bench of Madras High Court above mentioned can be viewed and downloaded from the following link-
W.P(MD).Nos.9242 and 9243 of 2017- Schools Cannot Withhold T.C for Non-Payment of Fees-Madras High Court.Pdf

Facts of the Case-
The respondent school in this matter withheld the Transfer Certificate, Mark Statements & Conduct Certificate of the students on the ground that the parents had not paid the fees of Rs.29200/- whereas the petitioner parents made the prayer to the Madras High Court to refund Rs.25000/- refundable deposit amount they had made to the school management in the year 2015-16 at the time of the children’s admission.

Important Aspects Of The Judgement-
Taking the serious cognizance of this matter, the Madras High Court ruling in favor of the parents declared following aspects-
1) School Has No Authority To Withhold Transfer Certificates & Other Documents-
The court mentioned in Para 3 of the judgement as follows-
‘3. No school has any authority to deny the issuance of the transfer certificates and other documents, when the children opt to move to other schools. If at all there exists any legitimate claims against the parents, the School has to move the civil court for realizing the same, but the future of the children should not be held to ransom on this score.’

2) Central Borad of Secondary Examination (CBSE) has to pay attention to such violations by the school managements-
The court mentioned in Para 6 of the judgement as follows-
‘6. In circumstances such as these, the authorities such as second respondent has to pay his attention to regulate due the process by which educational institutions under his control are run. The irresponsibility of such authorities ultimately leave its unfortunate imprints on the future of the innocent children to which this Court cannot close his eyes to.’

3) Arrogance of the School Management Referring Lawyers as ‘Criminals’-
The court came heavily against the school management in para 7 for referring lawyers as criminals merely because parents served legal notice to the school management through lawyer as follows-
‘7.It requires to be recorded that the irresponsibility of the fourth respondent is highlighted by his arrogance in calling all lawyers as criminals for the sin of issuance of the legal notice for achieving the purpose sought in this writ petition. It is very unfortunate someone who runs an educational institutions with an avowed object of imparting knowledge and discipline to children should lose his balance and make such uncalled for statements.’

4) Court rules- ‘School to release the documents or children to get free education’-
The court in para 8 of the judgement not only declared that the school management shall immediately release the Transfer Certificate, Mark Statements & Conduct Certificate but also that if the same is not complied the children would get free education as the school is responsible for the same as follows-

‘8.The fourth respondent is hereby directed to issue the transfer certificates, mark statements, conduct certificates and other original documents concerning the petitioner’s children viz., N.Kudiarasu and N. Eyarkai, forthwith. In case of any failure to obey this order by the fourth respondent resulting in delay and consequently leading to inability of the petitioner to secure admission for his children in other schools, the children would continue their education in the next academic year in the same school (fourth respondent) but, without payment of any fees, for the situation has arisen only due to the obstinacy and insensitivity of the fourth respondent.’

We are thankful to social activist Smt.Pratibha Deepak whose efforts have made this judgement available & may be useful for the thousands of crusader parents who are fighting against the commercialization of the education.

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan


Must Read-Legal Awareness Articles for Common Man as follows-

1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) The Maharashtra Public Records Act 2005-Important Provisions
12) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
13) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
14) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
15) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
16) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
17) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Mental Harassment to Misguide the Parents About CBSE Status- Ex Principal Alleges

The Ex principal alleges that the she was compelled to make bogus statement about the CBSE affiliation of the school to the parents & was harassed mentally.

In yet another shocking development in ongoing tussle between parents and the school management of Saraswati Mandir School of Mahim, the ex principal of the school management has made shocking revelation against the school management that she was allegedly harassed by the school management to lie about the Central Board of Secondary Education’s (CBSE) affiliation status to the parents.

The ex principal has stated that the school has no CBSE affiliation since past many years and yet the school management has been informing the parents that it has been affiliated to CBSE fraudulently. She has further informed that the school management has recently transferred 8th standard students who cleared the recent examination to the Shirodkar School as the Saraswati Mandir School does not have the CBSE affiliation since past many years.

Apart from that at the ex principal has further alleged that she was not given even the appointment letter for the post of principal and was mentally harassed by the management to misguide the parents about the the CBSE affiliation of the school.
Guide- How to Check CBSE Affiliation of the School
Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools

The organisation has been helping the parents of the Saraswati Mandir English Medium School legally and has provided all the legal assistance to the parents before the courts & commissions earlier. The Maharashtra State Commission for Protection of Child Rights (MSCPCR) accordingly had found the principal of the school management guilty of inflicting mental harassment upon the children for want of illegal fees & had directed education department to take the appropriate legal action against the principal, who was removed from the school management subsequently. The news related to our this success was published in Sakal Times as follows.

Saraswati Mandir School Principal Dismissed- Courtesy Sakal Times
Saraswati Mandir School Principal Dismissed- Courtesy Sakal Times

Our earlier articles published on this issue-
Saraswati Mandir School Removes ‘CBSE’ Board from the Premises
Infuriated Saraswati Mandir School Bans Rubella Vaccination of Twin Students
We have also created a Single Page where all the Legal Awareness Articles for Common People to fight against Corrupt System including errant Public & Police Officers are posted as follows-
https://wp.me/P9WJa1-PL

As at present the matter is sub judice before the Bombay Court and Maharashtra State Commission for Protection of Child Rights (MSCPCR) hence we are avoiding to make any further comments on this issue, but the revelation made by the ex principal as above mentioned makes it clear that the school management will soon have to swallow the bad pill.

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) The Maharashtra Public Records Act 2005-Important Provisions
12) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
13) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
14) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
15) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
16) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
17) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Charge Fees as Per FRC & Readmit the Expelled Children-Supreme Court

In a major relief to hundreds of parents of Gujarat & indirectly to crores of parents of India fighting against commercialization of education & illegal fee hike by the private schools, the Supreme Court has directed the private schools of Gujarat to charge the fees as fixed by the Fee Regulatory Committee (FRC) & also to revoke the Leaving Certificates issued to the children over non payment of hiked fee which parents alleged are in violation of the Fee Regulation Committee formed under the The Gujarat Self Financed Schools (Regulation of Fees) Act, 2017.

Earlier the Supreme Court had directed around 1800 schools of Gujarat to submit the proposals to the Fee Regulation Committee (FRC) formed under The Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 & had further confirmed the right of the state government to take appropriate action for non submission of the proposals by the schools to the Fee Regulatory Committee (FRC) of Gujarat.

The copy of the order of the Supreme Court above mentioned can be downloaded from the following link-
Special Leave to Appeal 314/2018- Charge Fees as Per FRC & Readmit the Expelled Children-Supreme Court.Pdf

Whereas the important part of the interim order of the Supreme Court order is as follows-
sc
Read Also-
How to File Case Without Lawyer or In Person with Sample Draft

Legal Remedy & Complaints Against Police- State Police Complaint Authority

Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools

The salient features of the interim order of the Supreme Court above mentioned are as follows-
1) The schools cannot charge the fees in violation of the fees fixed by the Fee Regulatory Committee (FRC) formed under the The Gujarat Self Financed Schools (Regulation of Fees) Act, 2017.
2) The Global Indian International School will have to readmit the expelled children over fee issue row meaning thereby other schools of the State of Gujarat who have expelled the children over the same issue will have to readmit the children.
3) The schools shall not demand any fees in excess of the fees fixed by the Fee Regulatory Committee (FRC) till the next hearing likely to be held in August 2019.

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft

2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) How To File Online RTI Application & First Appeal at State of Maharashtra
12) The Maharashtra Public Records Act 2005-Important Provisions
13) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
14) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
15) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
16) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
17) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
18) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Rule for disciplinary action against officers of Municipal Corporation & Zilla Parishad

Rule for disciplinary action against officers of Municipal Corporation & Zilla Parishad

The people are aware about the traditional ignorance of the education officers related to the Municipal Corporations and Zilla Parishad to implement various statutory provisions under The Right of Children to Free and Compulsory Education Act 2009 (RTE Act 2009).  However people fail to get justice or teach a permanent lesson to such errant officers  for want of ignorance of existing rules and regulations.

One of such rules to check the inefficiency of the education officers related to Municipal Corporations and Zilla Parishad has already been enacted in state of Maharashtra in the year March 2015 itself. The rule above mentioned clearly makes a provision that the final report about the irregularities and and non performance of statutory duties by the officers of the Municipal Corporations and Zilla Parishad must be filed before the state government within 2 months.

Not only the March 2015 rule above mentioned makes it mandatory that the final report about the non performance of official duties by the officers of the Zilla Parishad and Municipal Corporation should be submitted to the state government within 2 months but also it makes provision that if the concerned competent authority fails to to submit the report as per the provisions of rules above mentioned, they shall be held responsible for all the consequences arising out of any future legal proceedings too.

Also if people act as per the provisions under the rules of March 2015 above mentioned and take cautious approach, then they can get the final report for the appropriate action against the misconduct or non performance of the statutory binding duties of the concerned Municipal Corporation as well as Zilla Parishad officer within 2 months only.
The Marathi (English not available) copy of the 7th March 2015 rules above mentioned can be viewed and downloaded through the link given below-
Rule Related to Disciplinary Action Against Officers of Municipal Corporation & Zilla Parishad Dtd.07.03.2015

The salient features of the rules of the School Education and Sports Department of State of Maharashtra Dtd.07.03.2015 are as follows-
1)
Generally in state of Maharashtra the action against the public servant is taken under The Maharashtra Civil Services (Discipline and Appeal) Rules 1979.  However the above mentioned rule has been enacted to expedite inquiry as well as action against the guilty public officers of the Municipal Corporation & Zilla Parishad who fail to discharge their duties under the Right of children to Free and Compulsory Education Act 2009 (RTE Act 2009).

2) The rule declares the local authorities as a competent authority and if the competent authority gets the permission from the Education Commissioner of State of Maharashtra, then the local authority can forward the final report to the Education Commissioner for appropriate legal action against the guilty officer.

3) The important part of this rule is that the competent authority which decides to take appropriate disciplinary action against the concerned public officer has to submit the proposal to the education commissioner of state of Maharashtra under ‘List A’ and and if the same proposal is accepted by the Education Commissioner of State of Maharashtra, then the competent authority has to submit the Final Report of the misconduct and illegality committed by the concerned officer within 2 months.

4) Most important part many readers must have understood after reading the rules above mentioned is that in most of the cases the senior officers only issue the show Cause Notice to the officers against whom the citizens make complaint with relevant evidences, however as per the rules of 2015 above mentioned the competent authority has to take the permission of the Education Commissioner of the State of Maharashtra first and also submit the report not under the general format but under the ‘Lists A & B’ subsequently as explained in the rules above mentioned

5) The general people hence must keep this fact in their mind very clear that-
If the steps of permission for disciplinary action from the Education Commissioner of State of Maharashtra & subsequently the report under ‘List A’ is not submitted by the competent authority to the Education Commissioner of State of Maharashtra then there shall not be initiation of any disciplinary action against the concerned officer against whom such a complaint has been made and inquiry is conducted respectively.
In such circumstances the concerned competent authority or the department shall be held responsible for all the legal consequences for not submitting the report related to the misconduct or the illegality committed by the concerned education officer as per the Lists A & B with prior permission.

6) Education Commissioner after receipt of final report against the concerned officer by the competent authority under ‘Lists A & B’ for the initiation of disciplinary action, if required, shall make necessary changes within 10 days and submit the final proposal for the appropriate action to the state government.

7) The ‘Class A’ and ‘Class B’ officers have also been declared competent to take the action against the ‘Class C’ and ‘Class D’ officers provided that they get the the necessary permission from their senior competent authorities.

In nutshell, the common people should insist on forwarding the proposal to the Education Commissioner of State of Maharashtra mentioned under ‘Lists A & B’ under the rule of 7th March 2015 above mentioned and they should oppose merely issuance of general notice by the senior officers to their subordinate officers for their misconduct,  because the rules above mentioned clearly state that if the the reports are not sent under Lists A &B with prior permission of Commissioner of Education, then no action shall be taken against the officer against whom the citizen has made the complaint.

If the competent authorities do not pay attention to the demand of the common people to to forward the report under Lists A & B of the rules above mentioned, then the people should not waste anytime thereafter and immediately file a complaint before the courts or commissions like Maharashtra State Commission for Protection of Child Rights (MSCPCR), Lokayukt,  Human Rights Commission etc.

We have published the articles for the common people who for inevitable reasons cannot hire the lawyers and want to fight in person before various courts and commissions. The link of the article is as follows-
How to File Complaint at Authorities, Courts & Commissions Without Lawyer
We have also published single page where all the important links of articles related to legal awareness for common people are posted time to time as follows-
English Legal Awareness Articles For Common Man against Corrupt System

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft

2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) How To File Online RTI Application & First Appeal at State of Maharashtra
12) The Maharashtra Public Records Act 2005-Important Provisions
13) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
14) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
15) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
16) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
17) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
18) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

 

 

Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005.

Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005.

Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005-Taking the strong note of the detriment suffered by the Right to Information Applicant, The State Information Commission of Haryana has directed the Public Information Officer of the Haryana Education Department to Pay Rs.4000/- as a compensation under Section 19(8) (b) of the Right to Information Act, 2005.

The Education Activist Mr.Narender Munjal, resident of Faridabad had filed the application under the RTI Act 2005 on 26.05.2017 seeking the information regarding temporary recognition of some particular schools and correspondence in this regard with the Haryana Board of School Education between 2001 to 2016. However suffering the traditional ignorance of the education department to provide the information, Mr.Narender Gunjal filed the second appeal before the State Information Commissioner, Haryana.

Explaining this issue further Mr.Narender Munjal Said ‘Pursuant to filing of my second appeal, the SIC during the hearing passed the order on 11.10.2018 allowing me the inspection of the document. However when i went the office of the Public Information Officer located at Bhivani for the actual inspection, i was shockingly informed that the documents are not available for the inspection. Accordingly i filed the complaint before the SIC again which took the immediate cognizance and directed the compensation of Rs.4000/- to me’.

‘In this matter one respondent public information officer has thus been punished, yet i will be filing the  additional complaint against the another public information officer who is second respondent party in this matter.’ added Mr.Munjal.

Read Also-
Getting Self Declaration & Audit Statement of School Under RTE Act 2009.
Information Commissioner slaps fine under RTI Act 2005 to Education Ministry.

Legal Provision- Section 19(8)(b) of The Right To Information Act, 2005 read as follows-‘(b) require the public authority to compensate the complainant for any loss or other detriment suffered’.

The order of the State Information Commission Haryana is as follows-
Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005.
Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005- SIC Order Page 1
Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005
Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005- SIC Order Page 2

This order has yet again proved the fact that though facing some delay if people keep persistency till the end, they may get justice against the corrupt and inefficient system in due course of time.

Must Read-Legal Awareness Articles for Common Man as follows-

1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005



Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools.

Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools.

Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools.

The organization has decided to publish series of case laws which would be helpful to the lawyers as well as common people. Accordingly the first one is- Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools.

The educational law especially related to the schools is one of the most complicated field of the law, as sometimes many acts and judgments do apply in one school’s matter, e.g. in the state of Maharashtra alone people face complications as more than 5-6 laws apply at the same time for the issues related to illegal fee hike, child harassment & expulsion by the schools.

The parents are the main victim for such complicated laws as they are often misled by the government officers as well as school authorities which ultimately has resulted in huge commercialization of education.

The lawyers further face difficulty as they need to study all the acts & rules and then keep researching important case laws against illegal fee hike, child harassment & expulsion by the schools. which has unfortunately become rampant in our country and most of the private as well as minority institutions have shamelessly left no stones unturned to completely commercialize the education system of India.

Accordingly the organization has decided to launch the legal awareness series especially related to case laws against illegal fee hike, child harassment & expulsion by the schools which has become the most controversial topic in our country now days.

Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools-The important case laws related to or against the illegal fee hike, child harassment & expulsion by the schools mainly focusing State of Maharashtra are given as follows-

1. Appeal (civil) 5041 of 2005 Petitioner: P.A. Inamdar & Ors. Vs State of Maharashtra & Ors-
A Constitution Bench of 5 judges sat to interpret the 11-Judge Bench decision

in Pai Foundation. The important paras are as follows-
Rejection of concept of ‘Post Audit’ by the Hon’ble Supreme Court of India-
(Page No’s 47 & 48 of the judgement)-
The suggestion made on behalf of minorities and non minorities that the same purpose for which Committees have been set up can be achieved by post-audit or checks after the institutions have adopted their own admission procedure and fee structure, is unacceptable for the reasons shown by experience of the educational authorities of various States. Unless the admission procedure and fixation of fees is regulated and controlled at the initial stage, the evil of unfair practice of granting admission on available seats guided by the paying capacity of the candidates would be impossible to curb.”
The judgement above mentioned can be viewed & downloaded with following link-
Appeal (civil) 5041 of 2005 Petitioner P.A. Inamdar & Ors. Vs State of Maharashtra & Ors.Pdf

2. Writ Petition No.5378/2013 (Hon’ble Bombay High Court)-
In this judgement, the Hon’ble Bombay High Court not only held against the private minority school that the child should not be victimized for the quarrels between parents & the school management, but also promoted the child directly to the next academic year who was studying at home for more than one year because of the expulsion by the school management.
The school’s expulsion order against minor children was declared illegal & unconstitutional. In the same judgement the Hon’ble Court has upheld that the The Right Of Children To Free And Compulsory Education Act, 2009 is equally applicable to the minority institute except the provision of 25% admission to the backward class students.
The important paras of the judgement are as follows-
”26.Both the learned counsel were unable to point out any provisions which empowered expressly or impliedly, to expel the students in such fashion. The submission that the Management have a power to admit and/or control the admissions and therefore, they have also power to expel the student, in our view, is unacceptable and specifically, in the present facts and circumstances, as admittedly they have not followed the basic principle of natural justice.”
”28.Admittedly, no show cause notice was issued before taking such drastic action of expulsion. No hearing was given to the Petitioner before passing such order against the children. On the contrary, we have noted that the action was taken because of stated parents’ indecent and illegal behaviour, though the children’s conduct was satisfactory. The correspondence and discussion between the parties, referring to the issue of fees and/or agitation by the Petitioner’s husband father of children, cannot be the ground to hamper the children’s education and/or future career, in the guise of discipline and/or to maintain the peace and harmony. There are various ways and means to tackle the same. The parties could have settled and/or resolved the issue, instead of turning the agitation to such extent of expelling the children from the school.”
The Hon’ble High Court further held that,
”The Petitioner’s son lost one year because of this conflict. The allegations and/or counter allegations, even if any, for want of specific provisions, could not have been used and utilized to expel the child from the school. There is material on record to show that the Respondent Management also expressed that “We have sent the ‘Leaving Certificate’ not on the grounds of non payment of fees, but only as a part of disciplinary action”. Such disciplinary action could not have been initiated against the children, whose conduct was satisfactory. The alleged misconduct of parents, cannot be the reason to punish the children. There is no supportive material placed on record by the School/Management for such action on the basis of declared law. The children cannot be punished for the alleged/stated misbehavior of the parents. It is totally impermissible. The whole action, therefore, so initiated and taken by the School/Management, in our view, is unjust, impermissible, contrary to law, apart from in clear breach of principle of natural justice and therefore void, illegal and impermissible. It is liable to be quashed and set aside. The consequence of such order, in the peculiarity of this case, should be followed by a restoration of the Petitioner’s son’s position to continue further study in the same school. There is no question to hold back the Petitioner’s son in the same class.”
The judgement above mentioned can be viewed & downloaded with following link-
Writ Petition No. 5378 Of 2013.Pdf

3.Parents Forum For Meaningful Education – Appellant Versus Union Of India – Respondent Civil Writ 196 Of 1998-
The Delhi High court struck down Rule 37 (1) (ii) and (4) of the Delhi School Education Rules, 1973, holding it violative of Articles 14 (Equality before Law) and 21 (Protection of Life and Personal Liberty) of the Constitution. The Hon’ble High Court also directed the State to ensure that children are not subjected to corporal punishment in schools and they receive education in an environment of freedom and dignity, free from fear.

Before striking down the rule, the Hon’ble Court took the high ground, quoting extensively from the Constitution of India, the Universal Human Rights, and the Geneva Declaration of the Rights of the Child. Stating that “subjecting the child to corporal punishment for reforming him cannot be part of education,” the Hon’ble Court called attention to the long-term consequences of the punishment such as disdain and hatred for teachers, development of a fear psychosis, irregular attendance at school, and an increase in the dropout rate.
The judgement above mentioned can be viewed & downloaded with following link-
Parents Forum For Meaningful Education – Appellant Versus Union Of India – Respondent Civil Writ 196 Of 1998.Pdf

4.Kobad JehangirBharda vs. Farokh Sidhwa and Ors (Appeal No. 1172 of 1989 in Writ Petn. No. 2053 of 1989, D/-7-5-1990) –
This is one of the most important judgement for the students of the secondary schools & especially belonging to the standards for which provisions of ‘Not Holding Back’  of The Right Of Children To Free And Compulsory Education Act, 2009 does not apply. In this matter the Hon’ble Bombay High Court set aside the expulsion of the student who was expelled in violation of Rule 56.5 of the Secondary School Code 1979. The Hon’ble High court further upheld that the violating the Rule 56.5 of the Secondary School Code 1979 entails withdrawal of the recognition.

The important paras of the judgement above mentioned are as follows-
18……………..In other words, when the Code recognised the power to expel a pupil, it also limited the exercise of such power to specified circumstances and pointed out the only mode in which the power may be exercised++Then the Code provides for the consequence. If a pupil is expelled without following the prescribed mode, a breach of the Code is committed. This entails withdrawal of recognition of the School. In our opinion, compliance with Rule 56.5 is mandatory. The whole aim and object of the Rule 56.5 will be defeated if the particular mode of expulsion is construed to mean a mere direction.
19. In our opinion, the School has failed to comply with the mandatory directives laid down in Rule 56.5 of the Code. Although the letters written by the School accused the Petitioner of certain acts of misconduct, in the affidavit of Dr. (Mrs) Mowji, the Principal, it is claimed that the School merely issued the School leaving certificate. No misconduct is alleged. We are certain that the Petitioner was expelled for the supposed misconduct set out in the letters written by the School. Since no reasons for the expulsion have been recorded and since the expulsion was not communicated to the Director of Education, the expulsion is contrary to Rule 56.5 of the code. For the same reason, the School has violated the conditions of its recognition by the Government. 20. For all these reasons the Petitioner’s expulsion from the School is illegal.
The judgement above mentioned can be viewed & downloaded with following link-
Kobad JehangirBharda vs. Farokh Sidhwa and Ors (Appeal No. 1172 of 1989 in Writ Petn. No. 2053 of 1989, D-7-5-1990).Pdf

5.Shikshan Mandal & Ors Petitioners Vs. State Of Maharashtra – Writ Petition No. 6727 Of 2010-
In this matter, the 3 judges bench of the Hon’ble Bombay High Court has held that the Secondary School Code 1979 is applicable to the schools of Maharashtra & it has statutory force.

The important paras of the judgement above mentioned are as follows-
5. Thus, the Supreme Court has held that in view of the provisions in the Regulations framed under the Boards Act, a recognised school is under an obligation to comply with the provisions of the Secondary Schools Code. In so far as the State Government is concerned, an affidavit has been filed on behalf of the State Government by Mr.Sumit Mullick, Principal Secretary to Government, School Education and Sports Department, dated 5th
August, 2011. What is stated in paragraph 2 of that affidavit is relevant. It reads as under:

…….6. It is, thus, clear that even according to Government of Maharashtra the provisions of the Secondary Schools Code has statutory status. Question No.(i) referred to us is, thus, accordingly answered.
The judgement above mentioned can be viewed & downloaded with following link-
Shikshan Mandal & Ors Petitioners Vs. State Of Maharashtra – Writ Petition No. 6727 Of 2010.Pdf

6.Vibgyor High School Vs State Of Maharashtra Writ Petition No.1919 Of 2009-
The most important para of this judgement is as follows-

58. Suffice it to observe that the sum and substance of our decision is that even though the private unaided school has discretion to fix its own fee structure, it is open to the State Government to regulate the same insofar as unusual expenditure within the meaning of Section 2(a) read with Section 4 of the Capitation of Fee Act. As and when the issue of recovery of any unusual expenses such as exorbitant expenditure on buildings rent, is raised either by the parents or it comes to the notice of the State Authorities and in spite of that, the school continues to recover the disputed amount without taking approval of the State Government, the Management of such school would run the risk of legal action provided for in the Capitation Fee Act. When such occasion arises, the Management of the school may have only two options – first is to obtain approval of the State Government at the earliest opportunity for allowing it to recover the disputed amount by way of fees from its students. The second is to continue to recover the disputed amount stipulated by it as fees from its students unabated and in which case the Management of the School may run the risk of facing appropriate legal action under the provisions of the Capitation Fee Act and other enabling enactments.
The judgement above mentioned can be viewed & downloaded with following link-
Vibgyor High School Vs State Of Maharashtra Writ Petition No.1919 Of 2009

7.St. Xaviers High School Vs The Union Of India And Ors-Writ Petition No.243 Of 2016-
In its order against many reputed schools of the State of Maharashtra Hon’ble Bombay High Court has declared that in the absence of any stay for proceedings the state government can always take action against the schools violating the Maharashtra Educational Institutions Regulation of Fee Act 2011.
The order reads as follows-
”We clarify that since there are no interim orders in any of the Petitions, if the authority of the Education Department find that any of the schools are refusing to implement the provisions of the Maharashtra Educational Institute (Regulation of Fees) Act, 2011, the pendency of the Petitions would not come in the way of such authority in taking such steps against such schools for not following the provisions of law. Stand over to 20th March 2018.”
The order above mentioned can be viewed & downloaded with following link-
St. Xaviers High School and ors Vs The Union of India and Ors Writ Petition No.243 OF 2016

We have also published article for the common people about how to file complaints & cases before various authorities, commissions & courts. The link of the article is as follows-
Sample Legal Draft for Courts, Commissions & Authorities.

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005



Hutchings School Parents Win ‘Held Back’ Students promoted to regular classes.

The parents of the Hutchings High School (Pune) have reason to celebrate as their ‘Withheld’ children have been promoted to their regular classes after the parents fought for their rights with the support of the media & social organizations.

Hutchings School Parents Win ‘Held Back’ Students promoted to regular classes.The parents of the Hutchings High School, Pune have reason to celebrate as their ‘Held Back’ children have been promoted to their regular classes after the parents fought for their rights with the support of the media & social organizations.

The parents’ grievance was that though The Right of Children to Free and Compulsory Education Act, 2009 puts an absolute bar on ‘Holding Back’ any student for whatsoever reason till his elementary education is completed, on the other hand the Hutchings High School, Pune had taken the stand that the RTE Act 2009 is not applicable to them being a minority institution & for maintaining the ‘academic standards’ they have full right to hold back the ‘non performing’ students even if they have not completed their elementary education.

One of the many aggrieved parents from the Hutchings High School, Pune, Mr.Santosh Polkamwar, who had even launched 2 days hunger strike & whose son was held back from his regular classes and was not allowed to sit in his regular class, speaking to BKS,  expressed his happiness and thanked the lawyer, media & social organizations who helped him throughout this movement against the reckless act of the institute. He mentioned that the school was adamant earlier and as a layman he had no idea about the laws and their provisions.

Accordingly legal help was provided to Mr.Polkamwar by Bharatiya Krantikari Sanghathan & Prajakta Pethkar Education Trust initially by providing him all the legal drafts & replies which proved the fact before the authorities that even the minority institutes are bound by the regulatory provisions of the RTE Act 2009 like ‘not holding back’  & ‘not to harass’ the child for whatsoever reasons. Even the ultimatums were issued to the concerned authorities to take immediate action of face criminal prosecution.

Finally the school management conducted an ‘examination’ which the students cleared in the first attempt and were accordingly promoted to their regular classes.

Hutching parents hunger strike

Later the protest movement was supported by many other education activists of the state like Mr.Prasad Tulaskar,Mr.Rajesh Badnakhe, Mr.Suresh Jain, Mr.Mateen Mujawar of Shikshan Hakk Manch etc. The parents also thanked education minister Mr.Vinod Tawde as he had also intervened post parents protest & media reports against the school administration.

It could thus be seen that if the parents take basic precautions in their movement, by taking the legal helps first, approach media & social organizations timely, their issues can easily be solved without forcing them to waste their energies in prolonged legal battles. Jaihind!

Don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below

https://www.facebook.com/jaihindbks

https://twitter.com/jaihindbks

-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan

You may be Lawyer, Doctor, Engineer or even an Artist, Turn Your Talent or Passion into Blogging by Building Your Own Website Without the Help of Professional Programmer With Unlimited Earning Options on WordPress which powers 30% of the world websites.

WordPress.com

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005
15) Supreme Court-Question of Parent Teacher Committee’s Right to Approach DFRC Open

Maharashtra Educational Institutions Regulation of Fees Act 2011 to be weakened?

Shocking- Maharashtra government silently & secretly brings anti parents amendments in Fee Regulation Act in the assembly, likely to face wrath of the parents if the bill gets approved in legislative council too.

Maharashtra Educational Institutions Regulation of Fees Act 2011 to be weakened? The organization has received the information from the confidential sources that the State of Maharashtra has brought anti parents amendments in the Maharashtra Educational Institutions Regulation of Fees Act 2011 in the month of July 2018 & yes it is all done so silently, as per the information received neither the opposition leaders nor the government was bothered to hold any public discussion before passing the bill in the assembly.

As per the information received, the Maharashtra Educational Institutions Regulation of Fees Act 2011 has further been amended to help the educational institutions which would be the real beneficiaries & it seems that the commercialization of the education which is rampant in state of Maharashtra past many years is likely to flourish more than ever after these amendments would actually get approval from the legislative council too.

As per the blog released by the organization earlier it was published that the Maharashtra Educational Institutions Regulation of Fees Act 2011 was enacted by deliberately neglecting the principles laid down in judgments given by the Hon’ble Supreme Court’s constitutional benches famously known as T.M.A.Pai Foundation & later its interpretation given in the P.A.Inamdar’s case. The blog was released in Marathi as the organization aims to create awareness at the grass root level. However the relevant paragraphs of the judgments are copied in English. The link of the blog above referred is as follows-
महाराष्ट्राचा फी नियंत्रण कायदा व सुधारणा…एक अभिशाप…

At present, as per the information received by the confidential sources, the the details of the important anti parent amendments carried out by the government ‘silently’ in the assembly, is as follows-

A. As per the information received the most criticized declaration of amendment of the Education Minister of 25% parents ‘must approval’ for complaining or challenging the approved fee of the school management before the DFRC or otherwise, has been approved!

B. As per the information received the part of the Section 16 of Maharashtra Educational Institutions Regulation of Fees Act 2011 which provided for the fine of the twice of the illegally collected amount by any school has been deleted! It is pertinent to note that since the act was enacted no fine was imposed by the state government on its own against any errant school till date.

C. As per the information received One of the most shocking amendment has been approved that the school shall be eligible to recover the interest from the parents for delay in the fees!

D. As per the information received one of the gift given to the education institutes is given by the government by allowing them fee hike in exceptional conditions if the 76% of the parents give their approval. However no such opportunity is given to the parents, the parents too should have got the equal right that if the 76% of the parents approve, the fee hike of the schools shall be rolled back. But Alas! Parents have not been ‘gifted’ with such amendment by the government.

E. As per the information received the provision that there shall be 2 joint secretaries among the parents in the Parent Teacher Association’s Executive Committee has been deleted and replaced with 1 member from the parent & one from the teachers.

The detailed opinion about the new amendments to the Maharashtra Educational Institutions Regulation of Fees Act 2011 if approved in the legislative council too (as as per the information bill has been passed in assembly) shall be published in detailed blog. However this reckless step on the part of the government has become rude shock to the lacs of the parents of the state, as the government had appointed the Justice (Rtd.) Palshikar Committee for the purpose of eliminating the defects in the present act, on the contrary the government has ‘eliminated’ the parents welfare itself using the committee appointed for the welfare of the parents themselves! This fact was proved by the education activist from the Mumbai Shri.Prasad Tulaskar ji, who received the information under right to information act in the month of April 2018 from the education ministry. As per some media reports the Education Minister had declared that the education department shall be enacting the 25% mandatory approval from the parents of the school to challenge the fees approved by any school. Accordingly Shri.Prasad Tulaskar ji asked the query under the RTI Act 2005 asking details of the authority/recommendation based upon which the Education Minister made such declaration, see the reply in Marathi given by the Education Ministry as follows-
tls

It simply meant that the Education Ministry itself was unaware based upon which expert’s or authority’s  recommendation or suggestion, the minister of the education made such declaration publicly!

In nutshell it is clear that the government has played foul and broken the trust of millions of parents all over the state. Already a weak law has further been made weakest to help the most of the education institutions to achieve their dream goal of absolute commercialization of the education!

Basically it is the state government which has to regulate & control the fees at the initial stages & not by the handful parents ‘picked’ by the lottery system as in the present statute.  Fee regulation needs detailed study of the cost management and accounting, Society Acts etc. The detailed aspect is given in the blogs mentioned in the beginning of this article. Instead of taking the responsibility the government has inflicted it upon the parents & is not letting any chance to the parents to control the issue of exorbitant fees effectively, by bringing such arbitrary and unjust amendments. Thus the government of Maharashtra including the opposition leaders have surrendered to the Education Giants’ ulterior motives of letting them loot the parents freely!

What parents should do-
Spreading awareness & Immediate & decisive protest!
It has become need of the hour. Because in democracy, the issues are solved with the two ways only. Either through protests or by knocking the door of the courts. The organization shall also be examining the legal aspects about this issue & challenging it before the appropriate court if required. Apart from this, parents need themselves to educate about various laws & provisions under the existing statutes. Accordingly, the organization has recently published the detailed article about the legal remedies and strategy parents should follow in Marathi article ( so that it reaches the rural area of Maharashtra too). The link of the same is as follows-

महाराष्ट्र शैक्षणिक संस्था शुल्क विनियमन अधिनियम २०११- तक्रार निवारण मार्गदर्शिका!

I firmly believe that in spite of such arbitrary and detrimental amendments to the interest of the parents, if parents follow the strategy above given, they can get success inflicting fine up to Rupees Ten lacs & Criminal Prosecution against the errant education institutes. The English translation of the article above mentioned shall be published soon.

Don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below

https://www.facebook.com/jaihindbks

https://twitter.com/jaihindbks

-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan

 

You may be Lawyer, Doctor, Engineer or even an Artist, Turn Your Talent or Passion into Blogging by Building Your Own Website Without the Help of Professional Programmer With Unlimited Earning Options on WordPress which powers 30% of the world websites.

WordPress.com

 

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005
15) Supreme Court-Question of Parent Teacher Committee’s Right to Approach DFRC Open

Case laws & Legal Provisions against Child Harassment.

This article contains the Indian Statutes & Case laws & applicability of the International Convention for the protection of the Child Rights against the unfortunate incidents of child harassment by the education institutes in India.

Case laws & Legal Provisions against Child Harassment-As many parents do not know which laws & which provisions of the statutes deal with the harassment of the children which has become a routine practice nowdays by the educational institutes to inflict so (like withholding marklist of the child, separating the child from the regular classroom, insulting the child for payment of fees directly/indirectly, not taking the attendance of child etc.) for the want of excessive, illegal & capitation fees, so as per the requests of the parents, the organization hereby provides some basic information about some statutory provisions and case laws in simple words as follows:

That many educational activist & even lawyers always insist on national laws only and neglect the very important international aspect of this issue. The national as well as international aspects are explained as follows-


Case laws & Legal Provisions against Child Harassment by the Schools-
A) International Aspect-
That before the important provisions of the domestic laws of The Right of Children to Free and Compulsory Education Act, 2009 & The Juvenile Justice (Care and Protection of Children) Act, 2015, are explained, as above mentioned, many educational activist & even lawyers forget that there is an international aspect in the form of the convention of The United Nations of November 20, 1989 which is known as the ‘Convention on the Rights of the Child’. The government of India acceded to the Convention on December 11, 1992. National Policy on Education was modified in the year 1992 accordingly.

The important articles and their applicability was very well dealt by the Hon’ble Delhi High Court in Parents Forum For Meaningful Vs Union Of India & Ors.- Writ Petition No.196/1998, On 01/12/2000 the Hon’ble Delhi High Court declared a ban on the practice of corporal punishment in the schools. Allowing a writ petition filed by the Parents Forum for Meaningful Education (PEFMA) and Ors., the Bench comprising Hon’ble Justice Anil Dev Singh and Hon’ble Justice Dr. Mukundam Sharma struck down Rule 37 (1) (ii) and (4) of the Delhi School Education Rules, 1973, holding it violative of Articles 14 (Equality before Law) and 21 (Protection of Life and Personal Liberty) of the Constitution. The Hon’ble High Court also directed the State to ensure that children are not subjected to corporal punishment in schools and they receive education in an environment of freedom and dignity, free from fear.

The Complete judgement above mentioned is attached below-
Parents Forum For Meaningful Vs Union Of India & Ors.
The facts of the case & references to the relevant articles of this international convention in brief are given as follows-
The Para 2 of the Judgement above mentioned reads as-
2. The first petitioner is a parents forum which is registered under the Societies Registration Act XXI of 1860. The second petitioner Smt. Kusum Jain is its President. The petitioners have moved this writ petition by way of public interest litigation seeking inter alia banning of corporal punishment to students in schools. Though in the petition the petitioners also challenges Sub-Rule (1)(b)& 1(iii) of Rule 37 of the Rules, which provide for expulsion and rustication of a student from school, at the time of hearing, however, the learned counsel for the petitioners only advanced arguments relating to the vires of the provisions dealing with corporal punishment. At this stage it will be convenient to set out Rule 37 which reads as under:-
“Rule 37. Forms of disciplinary measures-
(1) The following shall be the disciplinary measures which may be adopted by a school in dealing with-
(a) all students-
(i) detention during the break, for neglect of class work, but no detention shall be made after the school hours,
(ii) corporal punishment.
(b) students who have attained the age of fourteen years-
(i) fine,
(ii) expulsion,
(iii) rustication,
(2) For the avoidance of doubts, it is hereby declared that the disciplinary measures specified in clause (b) of sub-rule (1) shall not be imposed on any student who has not attained the age of fourteen years.
(3) Fine may be imposed on a student who has attained the age of fourteen years in the following cases, namely:
(i) late attendance;
(ii) absence from class without proper application from the parent or guardian;
(iii) truancy;
(iv) willful damage to school property;
(v) delay in payment of school fees and dues;
(4) (a) Corporal punishment may be given by the head of the school in cases of persisting impertinence or rude behavior towards the teachers, physical violence, intemperance and serious form of misbehavior with other students.
(b) Corporal punishment shall not be inflicted on the students who are in ill-health.
(c) Where corporal punishment is imposed, it shall not be severe or excessive and shall be so administered as not to cause bodily injury.
(d) Where cane is used for inflicting any corporal punishment, such punishment shall take the form of strokes not exceeding ten, on the palm of the hand.
(e) Every punishment inflicted on a student shall be recorded in the Conduct Register of such student.

(5) Expulsion shall debar a student from being re-admitted to the school from where he is expelled but shall not preclude his admission with the previous sanction of the Director to any other school.
(6) Where a student is rusticated, he shall not be admitted to any school till the expiry of the period of rustication.
(7) No student shall be expelled or rusticated from a school except after giving the parent or guardian of the students a reasonable opportunity of showing cause against the proposed action.

Notes:
(i) Expulsion or rustication shall be resorted to only in cases of grave offences where the retention of the student in the school is likely to endanger its moral tone of discipline.
(ii) Except in the case of any expulsion or rustication from an unaided minority school, the punishments of expulsion and rustication shall not be imposed without the prior approval of the Director.”
‘3. The above Rule inter alia provides that corporal punishment to a student may be administered by the Head of School in the event of continuous impertinence or rude behavior by the student towards the teachers and in case he indulges in physical violence, intemperance and serious form of misbehavior with other students. Where cane is used for inflicting corporal punishment, it imposes a limit of ten strokes on the hand of the student’.

Further Hon’ble Court has mentioned in Paras 6 to 9 as follows;
6. We have considered the submissions of the learned counsel for the parties. The matter needs to be examined in the light of certain provisions of the Convention on the Rights of the child adopted by the General Assembly of the United Nations on November 20, 1989 (for short ‘Convention on the Rights of the Child’), Articles 14, 21 and 39(f) and (g) of the Constitution, National Policy on Education.’
‘7.The Preamble to the Convention on the Rights of the child reflects that the state parties thereto, recognising the importance of the Child considered the necessity of bringing up the child in the spirit of the ideals proclaimed in the Charter of the United Nations, particularly in the spirit of peace, dignity, tolerance, freedom, equality and solidarity. The Preamble recalls that in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance.’
8. From the Preamble to the Convention it appears that the General Assembly while adopting the same kept in view the Geneva Declaration of the Rights of the Child of 1924, and the Declaration of the Rights of the Child adopted by the General Assembly on November 20, 1959, and recognised in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particulars in article 10) and in the statutes and relevant instruments of specialised agencies and international organisations concerned with the welfare of the Child.’
‘9.Article 19 of the Convention mandates the States Parties to take appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation. Article 29 inter alia records the agreement of the States Parties for administering a system of education which develops the child’s personality, talents and mental and physical abilities to the fullest potential, and the preparation of the child for responsible life in the free society in the system of peace, understanding and friendship among all people. The Convention under Article 37(a) declares that no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Articles 39 and 40 recognise the right of the child to be protected from any form of neglect, exploitation, or abuse, or any other form of cruel, inhuman or degrading treatment or punishment and to be treated in a manner consistent with his sense of dignity. At this stage it will be convenient to set out Articles 19, 29, 37, 39 and 40 of the Convention.
Article 19

    1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
    2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment, and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.”

Further Para 11 of the judgement mentions;

      1. The Government of India acceded to the Convention on December 11, 1992. National Policy on Education was modified in 1992 before acceding to it. It is significant to note that the National Policy is in tune with the Convention inasmuch as it is against imposition of corporal punishment. At this stage it will be convenient to set out para 5.6 of the Policy which envisions this approach. This para reads as follows :-

Child-Centered Approach 5.6 A warm, welcoming and encouraging approach, in which all concerned share solicitude for the needs of the child, is the best motivation for the child to attend school and learn. A child-centered and activity-based process of learning should be adopted at the primary stage. First generation learners should be allowed to set their own pace and be given supplementary remedial instruction. As the child grows, the component of cognitive learning will be increased and skills organized through practice. The policy of non-detention at the primary stage will be retained, making evaluation as disaggregated as feasible. Corporal punishment will be firmly excluded from the educational system and school timings as well as vacations adjusted to the convenience of children.”

Further Para 14 of the judgement mentions;

      1. Article 21 in its expanded horizon confers medley of rights on the person including the following rights:-
      2. A life of dignity.
      3. A life which ensures freedom from arbitrary and despotic control, torture and terror.
      4. Life protected against cruelty, physical or mental violence, injury or abuse, exploitation including sexual abuse.

All these rights are available to the child and he cannot be deprived of the same just because he is small. Being small does not make him a less human being than a grown up. We are not mentioning other rights flowing from Article 21 as they are not relevant for the purposes of present petition. Article 21 makes no distinction between a grown up person and a child. Whatever rights are available to the former are also available to the latter.’
Further Para 29 of the judgement mentions;

      1. Before parting with the case we would like to observe that fundamental rights of the child will have no meaning if they are not protected by the State. In Bhajan Kaur v. Delhi Administration, 1996 III AD (DELHI) 333, it was recognised by this Court that State cannot be a mute spectator to the violation of the rights guaranteed to a person under Article 21 of the Constitution. The State must intervene to secure the rights to an individual. In Usuf Khan alias Dilip Kumar and others vs Manohar Joshi and others, 1999 S.C.C. (Crl.) 577, it was held that the State is obliged to protect law and the Constitution. In discharge of that obligation the State was directed to take action with a view to ensure adequate security cover and protection to the petitioners. Therefore, the State cannot derive any consolation from the fact that the violators are schools and not the State. The State must ensure that corporal punishment to students is excluded from schools. The State and the schools are bound to recognise the right of the children not to be exposed to violence of any kind connected with education. The National Policy in tune with the Convention has adopted child centered approach, where corporal punishment has no place in the system of education. Even otherwise, India being a signatory to the Convention is obliged to protect the child from physical or mental violence or injury while the child is in the care of any person, may be educational institution, parents or legal guardian’.

After making such crystal clear observations, the Hon’ble Delhi High Court struck down the above mentioned rule as unconstitutional.

1) The Juvenile Justice (Care And Protection Of Children) Act, 2015-
That Section 75 of the Act above mentioned reads as follows;
‘Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or willfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both:
Provided that in case it is found that such abandonment of the child by the biological parents is due to circumstances beyond their control, it shall be presumed that such abandonment is not wilful and the penal provisions of this section shall not apply in such cases:
Provided further that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees:

Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees.
Thus the term ‘whoever’ includes every person having control or charge over the child. The provision includes physical punishment along with the mental harassment also as an offence and for causing, exposing or neglecting a child to cause him unnecessary mental harassment is also declared as an offence under this section.

That pursuant to the above provision recently the Delhi Trial Court recently convicted the Director & Principal of the school  U/S.23 of the Juvenile Justice Act, 2000 (which was later amended to The Juvenile Justice Care And Protection Of Children Act, 2015 & the content of S.23 have been carried in the new amended act by S.75) & slapped fine of Rs.2.5 lacs & 2 months imprisonment for cruelty as they did not allow the 7yr old girl to sit in her class & further neglected her as her parents had raised the issue of uniform and stationeries of the school. Though the matter is at trial stage the latest order in this matter at present is attached here Rajwant Kaur @ Romi Vs. State

2) The Right Of Children To Free And Compulsory Education Act, 2009-
S.17 of the act above mentioned reads as follows;
Prohibition of physical punishment and mental harassment to child-
(1) No child shall be subjected to physical punishment or mental harassment.
(2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person.
That many people know about this provisions and recently actions have been taken against some principals under applicable service rules and thereafter they have either been removed or resigned giving ray of hopes to the parents all over the country that if the laws are properly followed and matter is pursued well with use of such provisions and the case laws, good results can be achieved for sure.

The organization  believes that those parents whose children have suffered physical and mental harassment by the education institutes can file the complaints before the police authorities and education department & if no action is taken they can further file the case before The State/National Commissions for Protection of Child Rights or can even appear in person if they follow and study the case laws and statutory provisions given above properly and by taking due diligence at the initial stages of their struggles.

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-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan


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