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

It's now official: Developed Gujarat's regular, casual workers earn less than 19 top states

By Rajiv Shah
Though not as low as state chief minister Vijay Rupani claims it to be (0.9%), Gujarat’s unemployment rate, at least as reflected in a recent report released by the Government of India, is 4.8%, lower than the national average, 6%. Yet, ironically, the same report, released soon after the Lok Sabha polls came to an end in May 2019, brings to light an even grimmer reality: Lower wages in "model" and "developed" Gujarat compared to virtually the whole of India, including the so-called Bimaru states.

Amaravati: World Bank refusing to share public grievances on Land Pooling Scheme

By Our Representative
A new report, prepared by the advocacy group Centre for Financial Accountability (CFA), New Delhi, has taken strong exception to the World Bank refusing to share its independent assessment of the Land Pooling Scheme (LPS), floated by the Andhra Pradesh government in order to build the new capital.

Beijing-based infrastructure bank 'funding' India's environmentally risky projects

By Our Representative
A new civil society note has questioned the operations of the Beijing-based Asian Infrastructure Investment Bank (AIIB), a multilateral development bank that aims to support the building of infrastructure in the Asia-Pacific region, seeking to fund projects in India through the Government of India’s National Infrastructure Investment Fund (NIIF), calling it “a risky venture”.

British companies export 'deadly' asbestos to India, other countries from offshore offices

By Rajiv Shah
“The Sunday Times”, which forms part of the powerful British daily, “The Times”, has raised the alarm that though the “deadly” asbestos is banned in Britain, companies registered in United Kingdom, and operating from other countries, “are involved in shipping it to developing nations”, especially India. India, Brazil, Russia and China account for almost 80% of the asbestos consumed globally every year, it adds.

Govt of India 'lying': MGNREGA budget reduced by Rs 1,084 crore in 2019-20

Counterview Desk
NREGA Sangharsh Morcha, a well-known advocacy group for the rural jobs guarantee scheme, under implementation since 2005, has said that the statement by the Rural Development Minister has a made a mockery of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) on the floor of Parliament, revealing the ruling BJP’s “anti-worker and anti-poor bias”.

Include all workers exposed to silica dust in anti-TB programme: Govt of India told

Counterview Desk
In a letter, sponsored by well-known civil rights organization, Occupational & Environmental Health Network of India and signed by more than 60 professionals and activists*, Dr Harsh Vardhan, Union Minister of Health and Family Welfare, Government of India, has been told that Indian policy makers shouldn't just acknowledge higher TB risk to mine and stone crusher workers, but also “other silica-exposed workers”.

Universal healthcare? India lacks provisions to 'fight' non-communicable diseases

By Moin Qazi*
Universal health coverage (UHC) -- ensuring that all people receive proper and adequate health care without suffering financial hardship -- is an integral part of achieving the Sustainable Development Goals. It enables countries to make the most of their strongest asset: human capital.

Why crib? 4.5% is far better than pre-1980 'Hindu rate of growth': Subramanian replies

By Rajiv Shah
Even as sticking to his original argument that India's gross domestic product (GDP) since 2011-12 has been overestimated by 2.5%, renowned economist Arvind Subramanian has said in a fresh paper that his estimate of post-2011-12 growth rate at around 4.5% is surely not "implausibly low", as some of his critics have been arguing following his controversial June paper.

RSS, Hindu Mahasabha were 'subservient' to British masters: Nagpur varsity VC told

Counterview Desk
Well-known political scientist Shamsul Islam, associate professor (retired), University of Delhi, in an open letter to the vice-chancellor of the Rashtrasant Tukadoji Maharaj Nagpur University, Dr Siddharthavinayaka P Kane, has taken strong exception to the varsity decision to include RSS’ “role” in nation building in the syllabus of the BA (history) course, citing instances to say that the RSS ever since its birth in 1925 with its Hindutva allies like Hindu Mahasabha led by VD Savarkar worked overtime to “betray the glorious anti-colonial freedom struggle”.

UP's Sonbhadra killing of 10 tribals highlights 'failure' to implement Forest Rights Act

Counterview Desk On July 17, as many as 10 people, including three women, were killed and 28 injured when a village head and his supporters opened fire on a group of tribal farmers in Ubha village of Sonbhadra district in Uttar Pradesh. While the firing took place following a clash between over a land ownership dispute, it reportedly highlights failure of officials enforce Forest Rights Acts (FRA) and Survey Settlement in favour of tribals.