Social Jurist, A Lawyers Group vs Union Of India (Uoi) And Ors.
2003 Latest Caselaw 397 Del

JUDGMENT

B.C. Patel, C.J.

1. In both these petitions, the petitioner is the same and considering the prayers on the request of counsel both are taken up together for final disposal.

2. The petitioners, Social Jurist, A Lawyers Group, have approached this Court for appropriate reliefs for ensuring that no child up to the age of 14 years should be allowed to engage or indulge in rag picking instead of attending school. It is also prayed that 10 vacant posts of Attendance Authority in accordance with the provisions contained in Delhi Primary Education Act, 1960 be filed in immediately.

3. So far as the second prayer is concerned, learned counsel for the respondents have stated that they have called for the applications from the eligible candidates and process of interview is complete. Therefore, at this stage, nothing more is required to be done with regard to the second prayer.

4. So far as Ragpicking and the children engaged in Ragpicking is concerned, it is required to be stated that for various reasons parents are not sending their kids to the school. However, in the instant case it is pointed out on affidavit by Shri B.C. Narula, Dy. Education Officer (Plan) Education Department, Municipal Corporation of Delhi as under :-

"That no school running under the jurisdiction of the answering respondent has denied admission to the children. There are clear instructions to the Heads of the schools for admission of the children whether they are able to produce birth certificate or not. Special drives are organized by the department for admission of those children who are not going to the schools. The answering respondent is willing to admit all those children without any formality. Education in schools run by the answering respondents is free where no tution fee is charged. Besides this various welfare schemes such as free text books, free uniform, free mid day meals etc. have been introduced to bring out of school children to the school fold. A special drive in Jahangir Puri area or any other part of Delhi can be launched and special camps can be organized for admission to such children who are involved in ragpicking in the area. Such a move shall help in preparing a scheme/plan for ensuring the enrollment of all children who are eligible for admission in Primary Schools.

A circular bearing No. D/764/DEO/ADmn./HQ/02 dated 5.12.2002 has been issued for inviting applications from eligible candidates for their promotion to the post of Attendance officer for which 16th December, 2002 is the last date for filing the application forms. After the scrutiny of applications received, posts of Attendance Officers shall be filed up."

5. So far as the State Government is concerned, it is pointed out in the affidavit filed by Shri Rajendra Kumar, Director, Directorate of Education, Government of N.C.T. of Delhi that The Sarve Shiksha Abhiyan Programme has been introduced by the Government. It is pointed out in the affidavit that N.G.Os. have been identified for running learning centres. Learned counsel after going through the affidavit stated that 85 N.G.Os. identified, have been engaged and by now training centres have come up at four places. Thus, it is clear, that the process is on. In view of this, at this stage, no further directions are required to be given. However, it would be open to the petitioner to move the Court in case of difficulty. This petitioner is expected to take the children to the school for admission and to monitor either weekly or fort-nightly that students are attending the schools or not. It is a social obligation and those persons who are taking a keen interest in rendering social* service, we are sure, will discharge this obligation which is cast on them.

6. Accordingly, the petitions stand disposed of.