Skip to main content

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

By Our 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

Whistle-blowing IPS officer Sanjiv Bhatt's wife suspects foul play after truck hits her car

By Nachiketa Desai*
Paranoia has seized Shweta Bhatt, wife of suspended Indian Police Service (IPS) officer Sanjiv Bhatt, after the car she was driving was rammed in broad day light. According to Shweta Bhatt, it was beacon light-flashing truck without registration number plate. The incident took place on January 7, just a day ahead of the Gujarat High Court was scheduled to take up the bail application of Sanjiv Bhatt, arrested last year for "involvement" in a 23-year-old case.

Call to support IIM-Bangalore professor, censured for seeking action against Uniliver

Counterview Desk
Sections of the Indian Institute of Managements (IIMs) across India have strongly reacted to the decision to censure Dr Deepak Malghan, a faulty at IIM-Bangalore. Prabhir Vishnu Poruthiyil, who is faculty at IIM-Tiruchirapalli, has sought wider solidarity with Dr Malghan, saying, "The administration has censured Deepak for merely suggesting a meaningful action against Hindustan Unilever for their abysmal environmental record" by “disinviting” it for campus placement.

Morari Bapu, who has installed new statues of Ram, Laxman, Hanuman without weapons

By Sandeep Pandey*
A saint is one who can give some inner peace by his/her voice. This will happen only when s(he) will talk about love and harmony. Morari Bapu is one saint who has been conveying the message of love, peace, harmony, fraternity, etc. Today when a number of saffron clad figures with aggressive posture, spewing venom, fanning hatred to polarise voters are at the forefront of politics of Hindutva it is a relief to see Morari Bapu in a different mould.

99% MGNREGA funds "exhausted", Govt of India makes no additional sanctions: Study

Counterview Desk
A letter, addressed to Prime Minister Narendra Modi, and prepared by senior activists led by Aruna Roy on behalf of the Peoples’ Action for Employment Guarantee (PAEG), and signed, among others, by 80 members of Parliament, has regretted that, despite repeated public statements by his government promising employment and job creation that will boost the country’s growth, the country’s only employment guarantee programme, Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), “is being systematically undermined.”

Nuclear reactors sought from French giant "not safe": Letter to Modi on Jaitapur project

Counterview Desk
Amidst reports that the French nuclear giant EDF has submitted a “techno-commercial offer” for the world’s largest nuclear power park proposed in Maharashtra’s Jaitapur nuclear power park in Jaitapur on the Maharashtra coast, Dr EAS Sarma, India’s former Union Secretary in the Minister of Power, and an eminent voice in the civil society, has written an open letter to Prime Minister Narendra Modi, who also heads Department of Atomic Energy (DAE),  protesting the move.

World Bank clarifies: Its 26th rank to India not for universal access to power but for ease of doing business

By Our Representative
In a major embarrassment to the Government of India, the World Bank has reportedly clarified that it has not ranked India 26th out of 130 countries for providing power to its population. The top international banker’s clarification comes following Union Power Minister Piyush Goyal’s claim that India has “improved to 26 position from 99” in access to electricity in just one year.

Kaiga NPP expansion: Karnataka to get just 400 MW, but lose thick forest, fresh water

Counterview Desk
In an open letter to the chairman and members of the Atomic energy Commission (AEC) on the issue of Kaiga nuclear power plant (NPP) expansion plan in Karnataka, Shankar Sharma, well-known power policy analyst, has argued that that in case of expansion, the site will face “exponential increase in radiation emission risks”, underlining, “Nuclear safety experts identify such a scenario as enhanced risk for NPPs with multiple reactors and shared technical facilities."
Sharma says the questions that also be asked whether Karnataka should lose more than 54 hectares of thick forests and about 152,304 cubic meters of fresh water per day from Kali river for a meager benefit of 400 MW from the Kaiga NPP, for which “there are many benign alternative options available for the state at much lower overall costs to the state.”
Text of the letter: This has reference to the public hearing under the Environmental Impact Assessment (EIA) Rule 2006 of Ministry of Environment, Fore…

Uttarakhand High Court: Biodiversity boards can impose fees on Ramdev's Divya Pharmacy

By Mridhu Tandon
In a significant decision, the Uttarakhand High Court on December 21, 2018 has dismissed the writ petition filed by Divya Pharmacy founded by Baba Ramdev and Acharya Balakrishnan, challenging the demand of the Uttarakhand Biodiversity Board (UBB) imposing fees under the provisions of the Fair and Equitable Benefit Sharing (FEBS).

Modi becoming Prime Minister now appears to be an "accident" to the people of India

By Sandeep Pandey*
Anupam Kher's film 'Accidental Prime Minister' has targeted Dr Manmohan Singh who served for two terms and may be again acceptable for the job if his party regains power. But his tormentor Narendra Modi seems to be out of breath even before his first term is over. Disillusionment with him is so widespread and deep that people of India may not bear with him for another term. As the general elections approach again the difference between the two needs to be examined.

Story of a foot soldier of Gujarat riots coming from a vulnerable community, Chharas

By Rajiv Shah
He is one of the more prominent "foot soldiers" of the 2002 Gujarat riots. Suresh Jadeja, alias Langdo, alias Richard, is indeed a well-known name in the Naroda Patiya massacre case, in which 97 persons were killed on February 28, 2002, the first day of the riots that shook the nation. Ordinarily, such a person should have been subjected to sociological scrutiny. What have here is a keen journalistic account, with clear political-ideological overtone.