Skip to main content

High Court asks LG, MCD, Delhi govt to provide land and building for Emergency-demolished Qaumi School

By A Representative
Expressing displeasure over the “lackadaisical” way of handling the issue of Qaumi School, an Urdu medium minority school that was razed down during the Emergency, the Delhi High Court on Tuesday asked the Delhi Government, Delhi Development Authority (DDA), Delhi Waqf Board and the Municipal Council of Delhi (MCD)-South to build a school for the 700 odd students who study there in pathetic situation under extremities of unfavourable weather conditions.
The Qaumi Senior Secondary School has been functioning from under tin sheds at the Shahi Eidgah in Qasab Pura, after the building of the school was demolished during the Emergency in 1976. Maintaining that studying under tin shed is in violation of the Delhi Education Act, the division bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar stated that the Lieutenant-Governor (LG) and the Delhi government must sort out the matter of providing the land to the 1976 demolished beleaguered Qaumi School in the vicinity of the area where it was earlier built.
Chief Justice Mittal asserted that all the concerned agencies, rather than acquiring cold feet, must join heads together to give justice to the poor children, who have been deprived of their right to education. She also ordered that the LG must also look into the matter and along with the agencies and the Petitioner, must work to provide justice to the poor children.
The counsel for the petitioner, Atyab Siddiqui, stated, “Thanks mainly the intervention of the Delhi High Court that wisdom may don on the Delhi government! Now that previous strictures passed, it is a victory for the constitutional right to education to the underprivileged!”
The school has been functioning in this condition for the last 42 years. Ironically, it was built by those residents of the walled city areas, who defied Partition and decided to live in India starting this Qaumi School. Firoz Bakht Ahmed, grandnephew of Maulana Azad and activist, filed the petition in the High Court in 2015.
The plea alleged that despite promises of land and building to the school after it was demolished in 1976 to make way for “Janata flats”, nothing was done over the years.
After the MCD filed an affidavit saying that, except the abandoned abattoir which was earmarked for the car parking lot, there was no land, the Court said that rather than earning money in car parking, it is of immense importance that the land, considered for building the school for the poor children coming from the deprived sections of the walled city areas of Bara Hindu Rao, Quresh Nagar, Qasab Pura, Sadar Bazaar and the adjoining areas.
The Chief Justice expressed her disappointment over the fact that despite asking all the agencies in her September 2017 Order to be concerned and compassionate for the cause of luckless students, nothing concrete in terms of meaningful action has come up on the part of the Delhi Government or the other agencies.
After the DDA counsel said that they could not provide any land from the 15-16 acre south side of the Eidgah to the school, the Court reprimanded him stating that this was a disputed land between the Delhi Waqf Board and the DDA and the need of the hour was to fries from such petty mindset to a vision of empathy and kind heartedness. There was also a consideration for the change of land use of the part of the DDA.
A petition by a group of parents demanding the petition of Bakht to be dismissed fearing that the school might be closed as it was running against the Right Free and compulsory Education Act 2009, was put aside. The school will run as status quo till a surrogate building comes up. The counsel representing the Delhi government conceded that the Directorate of Education would provide funds for the building but not the land.
The Court also asked the Delhi Waqf Board to take a sympathetic view of situation and sort out its dispute with the DDA to make way for giving land to the hapless Qaumi School.

Comments

TRENDING

'Violation of Apex Court order': Delhi authorities blamed for dog-bite incidents at JLN Stadium

By A Representative   People for Animals (PFA), led by Ms. Ambika Shukla, has held the Municipal Corporation of Delhi (MCD) responsible for the recent dog-bite incidents at Jawaharlal Nehru Stadium, accusing it of violating Supreme Court directions regarding community dogs. The organisation’s on-ground fact-finding mission met stadium authorities and the two affected coaches to verify details surrounding the incidents, both of which occurred on October 3.

A revdi-funded dream? Tax breaks, hype, unease: PwC reveals GIFT City’s fragile foundations

By Rajiv Shah   Backed by generous subsidies (or so-called "revdis") channeled to Prime Minister Narendra Modi’s flagship project, Gujarat International Finance Tec-City, or GIFT City, a recent PricewaterhouseCoopers (PwC) report claims it is “uniquely positioned to connect India to international markets and foster next-generation FinTech and IT innovation.” 

Adani Power controversy, legacy of pollution and broken dreams in Bihar

By Kumar Krishnan*  The decision to lease 1,050 acres of land in the Pirpainty region of Bhagalpur district to Adani Power for 33 years at a mere ₹1 per acre annual rent has become a major political issue in Bihar. Congress President Rajesh Ram, Bihar in-charge Krishna Allavaru, Legislature Party Leader Dr. Shakeel Ahmad Khan, and Legislative Council Leader Dr. Madan Mohan Jha have already marched from Sadakat Ashram to Rajendra Babu's samadhi in Patna over this issue. Pawan Khera and Kanhaiya Kumar are vocally opposing it. Additionally, allied parties of the Mahagathbandhan (Grand Alliance) are also protesting. The Congress party even held a march in Patna on this matter.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...