an effort to make Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) - A REALITY

Yogesh Kumar Sharma

                      Advocate & Counselor-at-law

3/65 Dholabhatta Colony,

Ajmer-305008 Rajasthan

Mobile : 9636014289

e-mail : advocateyksharma@yahoo.co.in

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June 28 year 2011

 

On a fateful day when 464 days has already elapsed when

RTE Act, 2009 has come into force (on 01 April year 2010)

which received assent of President of India on 26 August 2009.

By electronic mail/kurier/certified post

 

 

When a lawful courtesy to reply/ response is not extended/presented in proper right to deniability and/or clarification and/or affirmation and/or ratification – it would result into a situation be left with a vacant air of bewilderment. Resultantly, imagination could conjure any set of circumstances that could explain such behaviour.  

And also in absence of any direction to execute lawful objectives – one would be, in public eyes, like a lazy parent who found it easier to acquiesce' to the whims of spoiled child then to stand firm and teach values.

The higher the authority, the higher is the level of sensitivity and responsibility expected from it. To seek shelter between the technicalities of law is to let loose forces which would lower the moral tones of the society, may it be in province, State or Nation.

The published news and/or procured information and/or complaint or woes of student/s and/or Parents and/or guardian and/or concern and/or thought process of public conscious citizenry could be less short of truth but in absence of denial/clarification, it could be assumed to be true. The allegation/concern/ information/ complaints may be untrue; the tragedy is it is so believable. It shall be assumed/construe (by the Courts) as an unlawful procedure & practice for School/s to limit/segregate/classify its policy in anyway which would deprive or tend to deprive any child of education, or otherwise adversely affect child's status .

To

Ministry of HRD including its competent and concerned officials;

Government of Rajasthan including concerned officials of Secretariat;

NCERT, CBSE, Board of Secondary Education Rajasthan, CICSE;

All concerned schools;

District Governance and Local authorities

Public Conscious Citizenry

Dear Sir / M'am     

On behalf of asmita -- a philanthropist organization duly registered under the Societies Registration Act {1860} and is engaged in taking up various common problems of people for securing redressal thereof; this epistle aims to strive to call your attention to very sensitive subject which can be well-asses by the apt quote of H G Wells, "History is a race between education and catastrophe".

 So, it has indeed caused great surprise and serious concerns and is obviously matter of great importance of public interest –therefore we would like to notify you as under :-

1. THAT ab initio – right at the outset of this legal epistle – though it may look odd to someone – we would like to put prefatory remarks for our this legal epistle  paraphrased from, with an apology  for Joel Feinberg & Hyman Cross, Philosophy of Law {Page 306}: Critical judgments about  what people do occupy a very large place in our daily life. Philosophers want to make sure that these judgments are valid and so seek principles under which the judgments may, in turn, themselves be criticized. There are urgent practical reasons for making sure that our criticism of conduct is sound. We live our lives in a community of persons each of whom pursues his own interests, yet each is required to respect the interests of others in order to make possible the benefits of life in a civilized society. Since disinterested benevolence is not a regular feature of social life, people must be encouraged to avoid harming others as they seek their own ends. When harm is done, it is important that acceptable remedies be applied to undo the harm as much as possible. It is also important to take steps that will reduce the likelihood of harm being done in future. This requires holding to account those [and only those] who properly are accountable when something untoward occurs. It is a matter of some importance also that those [and only those] who are entitled to recognition for good work receive it, so that encouragement of socially valuable activities is provided. What we need, then are ways of criticizing conduct that are rational and fair". Moreover having read Tagore that 'There should never be any compromise with injustice, whether to one's self or others. "Tolerance of injustice is bad as suffering it";
2. Further, Charles Sumner aptly quoted "Give me the money that has been spent in war and I will clothe every man, woman, and child in an attire of which kings and queens will be proud.  I will build a schoolhouse in every valley over the whole earth.  I will crown every hillside with a place of worship consecrated to peace."  To add to it Pro Potter said "Education has been said to be the cheapest and best defence of nations". So from a nationalist point of view Education achieves national development by bringing young citizenry from the external world, teaching him to reason, and acquainting him with past history, so that he may be a better judge of the present.
3. However, it should be noted that these criteria are undoubtedly also among the most malleable and least enforceable with regards to the right to education: it is much easier to check whether or not primary education is free and available to all, than to check whether or not education is having as its objective the development of a sense of dignity, individual talent or to enable people to participate effectively in a free society. These issues are not impossible to define, but they give States a broader leeway than accessibility or availability.
4. A child to us is most innocent and they do not have any demand in the society. They want only to grow physically and mentally. So, in the pursuance of such a spirit, it is to immediately realize that the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) has come into force with effect from 1.4.2010. Lest School or Government, the community, philanthropist organization like that of ours and civil society will have an important role to play in collaboration with the SMCs to ensure school quality with equity.
5. The landmark passing of the Right of Children to Free and Compulsory Education (RTE) Act 2009 marks a historic moment for the children of India . For the first time in India 's history, children will be guaranteed their right to quality elementary education by the state with the help of families and communities. Few countries in the world have such a national provision to ensure child-centered, child-friendly education to help all children develop to their fullest potential. There were an estimated eight million six to 14 year-olds in India out-of-school in 2009. The world cannot reach its goal to have every child complete primary school by 2015 without India . Schools shall constitute School Management Committees (SMCs) comprising local authority officials, parents, guardians and teachers. The SMCs shall form School Development Plans and monitor the utilization of government grants and the whole school environment. RTE also mandates the inclusion of 50 per cent women and parents of children from disadvantaged groups in SMCs. Such community participation will be crucial to ensuring a child friendly "whole school" environment through separate toilet facilities for girls and boys and adequate attention to health, water, sanitation and hygiene issues. All schools must comply with infrastructure and teacher norms for an effective learning environment.
6. With an objective to facilitate, the main features of Right to Education 2009 Act encompasses:
1. Free and compulsory education to all children of India in the 6 to 14 age group;
2. No child shall be held back, expelled, or required to pass a board examination until completion of elementary education;
3. The Act prohibits the use of any screening procedures for admission for all schools.      
4. No capitation fee can be charged by any school, government or private or specified category.
5. A child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age; Provided that where a child is directly admitted in a class appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right to receive special training, in such manner, and within such timelimits, as may be prescribed: Provided further that a child so admitted to elementary education shall be entitled to free education till completion of elementary education even after fourteen years.
6. Proof of age for admission: For the purposes of admission to elementary education. The age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the Births. Deaths and Marriages Registration Act, 1856 or on the basis of such other document, as may be prescribed. No child shall be denied admission in a school for lack of age proof;
7. A child who completes elementary education shall be awarded a certificate;
8. Calls for a fixed student-teacher ratio;
9. Provides for 25 percent reservation for economically disadvantaged communities in admission to Class One in all private schools;
10. Mandates improvement in quality of education;
11. School teachers will need adequate professional degree within five years or else will lose job;
12. School infrastructure (where there is problem) to be improved in three years, else recognition cancelled;

So, the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) requires all concerned to follow the law, not reconfigure it as it pleases. And what the law require it has been cleared above.

7. In absence of Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) most of us felt such powerful emotions for deprived or discriminated children that it was beyond tears. Life was not fair for these children. It was a cruel experience in which hope and happiness were transient illusion that serves only to make the inevitable tragedy more poignant. But this Act came as a silver lining. We want to find out (what we legitimately expects - is there a school or so which is/are enthusiastic about the scope & objectives of this legislation and has already adopted and enshrined the legislated objectives in their school policy in this academic year which was mandated by law of the land. Unfortunate part is majority, it seems, has either been unwilling and failed to comply with the stipulated norms or is attempting to seek shelter between the technicalities of law or infeasible plea of ignorance. We must remember that "Ignorance is bliss" - is an old proverb rather for one's own prescription or choice. But equally old, if not an older, maxim is "Ignorance of law is no excuse" which law of the land competently recognize and upheld.
8. Further, more often rather everyday information/news/feedback/complaint/s is drawing our attention about School discriminating against students and denying them their right to admission. Child's school admission application rejected because s/he could not afford to pay a hefty donation that was euphemistically called voluntary contribution? ; Or, child parents/guardian are asked to submit his/her/their income proof and other unwarranted details in a school admission form? ; Worse still, child/ren is/are subjected to a 'show-off session' that tested his analytical skills and literacy level? The list seems to be unending!
9. THAT we  do believe that JUSTICE is a contract of expediency, entered upon to prevent man harming or being harmed but it is also beyond comprehension as how we could afford to overlook tenet of rule of law, that no one should be condemned unheard. And for that purpose let us hear it from all concern and see it ourselves by entering the hall of mirrors {facts} and see whether we find distortions and our caricatures, and then if all concern think/find that the information/news/feedback/complaint/s are true than it is quite BAD. But if the information/news/feedback/complaint/s being made all-over & in the newspapers are not true it is EQUALLY BAD cuz then we will then have permitted falsehood to be repeated and allowed all concern to be falsely accused;
10. asmita – a registered philanthropist organization – has avowed to takes up the issue of school/s and/or organization and/or department and/or authority and/or Council and/or Board violating the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009).
11. So, We here-by call upon, all concerned School, for the following information –whatever is applicable to them as per their category- especially when substantial duration of 464 days had already elapsed when the Act has come into force and 681 days when it had received the assent of the President of India:-
1. What all measures have been taken by your School and/or registered trust/society and/or institution and/or sector and/or management – to comply with the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009); Notification No. F.21(19)Edu.-1/E.E./2009 dated March 29, 2011 issued by Education (Gr-1) Department, Government of Rajasthan ( Follow the link if are not well-equipped with information, for reference : http://rajshiksha.gov.in/Rajasthan_RTE_Rules__29-03-2011_.pdf) and Notification No. GSR 301 (E) issued by Department of School education and literacy, Ministry of human resource Development on 8^th April 2010? ( Follow the link if are not well-equipped with information, for reference : http://ssa.nic.in/quality-of-education/right-of-children-to-free-and-compulsory-education-act-2009 ) ?
2. What all efforts and measures you have undertaken to ensure the compliance of section 12 of  the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) pertaining to extent of responsibility for free and compulsory education?
3. What all efforts and measures you have undertaken to ensure the compliance of section 13 of  the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) pertaining to no capitation fee and screening procedure for admission for current session?
4. What all efforts and measures you have undertaken to ensure the compliance of section 15 of  the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) pertaining to no denial of admission?
5. What all efforts and measures you have undertaken to ensure the compliance of section 16 of  the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) pertaining to prohibition of holding back and expulsion of student?
6. What all efforts and measures you have undertaken to ensure the compliance of section 17 of  the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) pertaining to Prohibition of physical punishment and mental harassment to child ?
7. What all norms and standards specified in the schedule of Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) your institution does not fulfill? And what all efforts and measures you have undertaken to ensure the fulfillment of such norms and standards within three years as required by section 19 of  the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009)?
8. What all efforts and measures you have undertaken till now to ensure the compliance of section 21 of  the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) pertaining to composition and functions of School Management Committee?
9. What all efforts and measures you have undertaken to ensure the compliance of section 24 of  the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) pertaining to performance of duty of teacher?
10. What all efforts and measures you have undertaken to ensure the compliance of section 25 of  the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) pertaining to Pupil-Teacher ratio as specified in the Schedule and in accordance to the matrix of your School?
11. What all efforts and measures you have undertaken to ensure the compliance of section 28 of  the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) pertaining to Prohibition of Private tuition by teacher?
12. What all efforts and measures you have undertaken to ensure the compliance of section 30(2) of  the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) pertaining to awarding a certificate, in prescribed form and manner, to the child completing elementary education?
13. What all efforts and measures your School have undertaken to communicate the right of child as enunciated in the Act vis-à-vis your school policy in simple and creative ways to the population in the neighborhood of your school?
14. What all efforts and measures your School have undertaken that learning in your school is:

                                                         i.                  in conformity with the values enshrined in the Constitution;

                                                       ii.                  for all round development of the child;

                                                      iii.                  building up child's knowledge, potentiality and talent;

                                                     iv.                  for development of physical and mental abilities to the fullest extent;

                                                       v.                  based on learning through activities, discovery and exploration in a child friendly and child-centered manner;

                                                     vi.                  medium of instructions shall, as far as practicable, be in child's mother tongue;

                                                    vii.                  making the child free of fear, trauma and anxiety and helping the child to express views freely;

12.           The Right of Children to Free and Compulsory Education (RTE) Act, 2009 (XXXV of 2009) – including Notification No. F.21(19)Edu.-1/E.E./2009 dated March 29, 2011 issued by Education (Gr-1) Department, Government of Rajasthan ( Follow the link if are not well-equipped with information, for reference : http://rajshiksha.gov.in/Rajasthan_RTE_Rules__29-03-2011_.pdf) and Notification No. GSR 301 (E) issued by Department of School education and literacy, Ministry of human resource Development on 8^th April 2010? ( Follow the link if are not well-equipped with information, for reference : http://ssa.nic.in/quality-of-education/right-of-children-to-free-and-compulsory-education-act-2009 ) - also envisage the obligation of the State, so, We here-by call upon, all concerned State Government department including Education Ministry, Principal and other administrative secretary and/or Divisional Commissioner and/or District Collector and/or District education Officer and/or Municipal Authorities and/or Education Board for the following information, especially when substantial duration of 464 days had already elapsed when the Act has come into force and 681 days when it had received the assent of the President of India:-

What all measures have been taken by your Department/Board/Office/Authority/Secretariat to:

1. Notify plan for automatic progression from primary to upper primary designate schools and feeder schools;
2. Ensure all schools conform to norms and standards prescribed in the Schedule;
3. Review content and curriculum in line with Section 29;
4. Undertake redeployment of teachers to ensure prescribed PTR (Pupil-Teacher Ratio) is maintained in all schools;
5. Ensure untrained teachers are not appointed in future;
6. Existing untrained teachers to receive training;
7. Notify that teacher shall not be deployed for non-academic work as provided in the Right to Education.
8. Notify that teacher shall not give private tuitions;
9. Notify 'No Detention' policy. We do not want any child to be detained. It is high right to be educated;
10. Notify no Board exams till completion of elementary education. That you have to do;
11. No Board five, no Board eight;
12. Notify 'No Expulsion' policy.
13. Ban on corporal punishment.
14. Set up SMCs;
15. Enforce management and supervision of schools with community support;
16. Notify all panchayats, municipalities as local authorities;
17. Constitute authority to perform functions under clause 31 (1);
18. Ascertain which schools are under obligation to provide free seats for land;
19. Prescribes manner in which per child expenditure would be reimbursed to other schools; and
20. Prescribe mechanism for private schools to obtain certificate of recognition.

13. Just as the right to vote of the "little citizen" is of profound significance in a democracy, so is the right to information. It is another small but potent key in the hands of India's "little people" that can "unlock‟ and lay bare the internal workings of public authorities whose decisions affect their daily lives in myriad unknown ways. What was said of the working of a government in a democracy in S.P.Gupta v. Union of India (1981) Supp SCC 87 should hold good for the working of a Private Organization too. The Court there said (SCC, p.453): "In a government of responsibility like ours, where all the agents of the public must be responsible for their conduct, there can be but few secrets. The people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries". Recently on 14 July 2010, a full bench of the Central Information Commission (CIC) ruled (Decision No.5607/IC(A)/2010) and virtually brought Private School under the ambit of transparency law: "The issues relating to management and regulation of schools responsible for promotion of education are so important for development that it cannot be left at whims and caprices of private bodies, whether funded or not by the Government," the bench said in its order deciding on disclosure of service records of a teacher employed at a private school under RTI Act.
14. Further, in AG v. HRH Prince Ernest Augustus (1957) 1 All ER 49 (at p. 61) it was observed by Sir John Nicholl: "The key to the opening of every law is the reason and the spirit of the law - it is the animus imponentis, the intention of the law-maker, expressed in the law itself, taken as a whole." Therefore it deems to be necessary that all concern to provide the desired requisite information so that it can be consolidated, analyzed and worked upon to meet out the Legislative intent and social cause. Moreover if it is true that silence of good people is more dangerous than the deeds of sinister, in that case the 'no-comment' situation  is intriguing and a diligent person can only think that – their unspoken words in this regard are to be so obvious that – we might as well have said them  aloud : "We do not care";
15. Further, neither our job as a philanthropist organization nor yours does stop here. We need to ponder and streamline following:-
1. The Act encompass "It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighborhood school." In this regard, I suggest that the committees at village level/colony level/ municipal level and school level may be formed. The awareness among the parents is very essential. So, I suggest that aforementioned committee may be formed to create awareness among the parents and educate them to send their children to school.  Like that, a monitoring committee at the block and other level with education officials and well informed persons may be formed to encourage and persuade parents and motivate children to attend the schools regularly.
2. The Act includes implementing non-detention policy and issue of only completion certificate. We need to formulate or devise some way so that we can guarantee education along with graduation as it  is a matter of concern that as per ASER Survey 2008, 34% Class-I children in India can not read anything and recognize any number and 9% of class-I-VIII could not read anything and recognize any numbers. 
3. We need to formulate concrete programme to bring child workers back to school.  The numbers of child labors are increasing especially after the introduction of neo-liberal policies.  No universalisation of education is possible without educating this section of unfortunate kids, whose number is more that 10 crore in our country. 
4. We need to formulate adequate and appropriate redressal mechanism as the Act provide that an aggrieved person may lodge a complaint with the local authority.  It is not appropriate that the very same body that is responsible for ensuring protection of the rights of the child is also made responsible for deciding upon a complaint against it. 
5. A clear and effective monitoring mechanism is very essential at different levels for taking strict action against those who violate the provisions of the Act.  It is particularly important in the case of private and self financing schools which assume that there is hardly any social responsibility with them. There is every chance of irregularities. 
6. We need to make the mechanisms for forcing greater accountability on all components of the delivery system for this.  Perhaps a broad framework can be specified to enable this very critical function to happen; else we will still be groping with this issue in the years to come. 
7. As a signatory to the UN Child Rights Convention, India has accepted the international definition of a child, which is up to age 18.  The Act proposes to cover only children from age 6 to 14, clearly excluding and violating the rights of the 3-5 and 15-18 years olds. Therefore, the children below six years and above 14 should be included by amendment. Further, 3-6 year age group is the time the children move towards child labour without any support.  And later to bring them back to schools then becomes a major problem.  Elementary education is important; it cannot be replaced by scheme like ICDS.
8. We need to formulate provision for exercise books, pen, pencil, uniform etc. in the absence of which the doors will remain closed for the poor. 
9. "If you educate a man, you educate an individual, but if you educate a women, you educated a family".  A serious sensitization campaign for education of girl child is necessary, by involving CBOs and NGO. 
16. asmita - philanthropist NGO-  is staunch follower of ancient Indian Justice Culture by which we judge man's civility not by his compassion for his friends, but by his compassion for his adversaries. So we are salivate at thought of extending our helping hand to all concern to render our fullest cooperation for  implementing the Right of Children to Free and Compulsory Education (RTE) Act, 2009 in true spirit and check and curb the non-compliance and/or willful evasive approach on the issue. Law is the embodiment of the moral sentiment of the people;
17. THAT child related sciences had clearly been cautious and complete as human care could make it. But you've also learned along the way that there are obstacles and practicalities which IDEALISM won't ever conquer, so sometimes some of us ease up on ideals. But then it is also true, clever people often did foolish things. There are choices we are obliged to make, which give us pain, but afterwards we know they were best and wiser. We agree to your difficulty to accept to comply with the mandated law on the issue. But we have been poised on a needle point: A life is sacred or it is not. We can't adjust what we believe just cuz it cause us pain. So long that we are used to crises as a daily habit. But eventually there comes a point beyond we think we are close to it now. Every problem requires decision. We know you may think to defend this case by mocking at the system: But we assure you: DO NOT UNDERESTIMATE THE LEGAL SYSTEM OF INDIA . It is a curious system but one which works remarkably well provided that your first priority was the protection of the innocent rather than the conviction of the guilty. It wasn't designed – How could be? Not to elicit the truth, the whole truth & nothing but truth. We are trying to persuade each one of us to our own convictions: That a new breath of outlook had developed, that beliefs and ideas once held immutable had been examined and found false, that as what younger people despised was not the morality of their parent's generation, but a façade of morality with duplicity behind, not old standards in themselves, but hypocrisy and self-deception which, all too often, the so-called standards shielded. In fact, it was a time of questioning, of exciting intellectual experiment from which mankind could only gain. The heart of the problem is the formation of hidden sets of rules, or mental models, that once formed are extremely difficult to change. Mental models are the core concepts of the institutional management, the beliefs and the assumptions, the cause & the effect relationships, the guidelines for interpreting the languages and signals, the stories repeats within the institution walls. When a institution's mental models become out of sync with reality, management makes forecasting errors as well as poor decisions. Mental models are invisible in the institution. They are neither explicit nor examined, but they are pervasive. Unfortunately, control system can also create "defensive routines" in organizations, including the failure to encourage a diversity of opinions, the failure to disagree with superiors {there by displeasing them}, communicating in ambiguous and inconsistent ways, and making these failures, even when know, "un-discussable" change becomes impossible.
18.  THAT now it is up to all concern people whether s/he and/or they and/or it are interested – in the author & creator of the fish-bowl principle ; Professor Shoji Shiba –'to become a fish is to get into the bowl' or as "Essay concerning human understanding" John Locke's view : 'Error is not a fault of our knowledge, but a mistake of our judgment…… those who cannot carry a train of consequences in their heads, nor weigh exactly the pre-ponderance of contrary proofs & testimonies ….. may be easily misled to assent to positions that are  not probable'. Ergo we appeal to please – comply with the provisions of Right of Children to Free and Compulsory Education (RTE) Act, 2009 in true letter & spirit, pronoto. We are ready to extend our fullest cooperation in this regard as and when required by you. Any reluctance in this proposal would set an un-precedent example for venality greed and perfidy which would remain unparalleled in the history of the civilized world. We need to take the support of all stakeholders in the system including the private sector.  But the private sector cannot run amok; nor should we allow it run amok.  The private sector must understand that imparting education is an enterprise, which must conform to the values, we wish to inculcate in our children.
19. It always been the case that individuals must sacrifice to further the advancement the civilization and for his particular society. In that case, as we think it is necessary to give an opportunity to all concern to provide us the desired requisite information set forth in writing without any delay and any rate within four weeks from the day of receipt both in terms of content and intent. If there is no denial and/or information within a stipulated time period it would be treated that you had nothing to provide or otherwise you are unwilling to comply with the legal norms of legislated Act. Further, it is here to be made clear that if any communication and/or providence of desired requisite information, in the stipulated time period, is not received by us then it would be reserved for action to be taken, when deem to be fit, on the basis of that again you are having nothing to say in this behalf. Behavioural patterns are limited but acceptable evidences;
20. THAT we cannot remain mere mute spectator. When the system which provides us our pedestal is being ruined by a handful of "businessmen", we would be in constraint to execute our plan for dealing with this type of case seeing its civil aspect, PIL {Public Interest Litigations] and various related acts not as ordinary people, unschooled in the complexities of the legal system can't accept these principles of laws. So far as the PIL is concerned in the case, we would like to inform you this much gist of that it fit to knock for justice at the portals of our highest tribunals with Lord Denning's ingenious legal opinion:"it only meant that they will not allow the words, in which they happen to be phrased, to become tyrannical masters. Even if contract is absolute in terms, nevertheless if it is not absolute in intent, it will not be held absolute in effect";
21. THAT also try to keep in mind where the offence/breach of law is committed by a management, "every person" who, at the time of offence/breach of law was committed, was in charge of, and was responsible to, the management for the conduct of the business of the management, as well as the management shall be deemed to be guilty of the offence/breach of law and shall be liable to be proceeded against and punished accordingly. And when it is proven that the offence/breach of law  has been committed "with the consent and connivance of, or is attributable to, any neglect on the part of any director, manager, or other officers of the management that person shall be liable for punishment laid down in the Indian Acts;
22. That an employee and/or officer and/or agent working for and/or on behalf of the School and/or Board and/or Department and/or institution neither in professional capacity nor in personal capacity nor in capacity as an employee can cause and promote such an irregularity which can hamper grossly to the public interest and shatter the basic fabric of public confidence.
23. THAT This legal epistle, is written on a privileged occasion the reason being that it is drawn & drafted by us without any indirect or improper motive, in the performance of duty, as also in the protection of public interest – at large  and in either case reciprocity was there – as Contemplated by Law.
24. THAT the present legal epistle is being preferred  only to secure the interest of justice and in public  interest at large;
25. THAT in the present scenario of judicial activism & legal clinics, I – being an Advocate, a minister of Justice – personally and staunchly believes that one must strive to overcome the various obstructions & impediments in the resolution dispute through ALTERNATE DISPUTE REDRESSAL MECHANISM {ADR} and/or Counseling and/or consultation and/or cooperation. In today's era where litigations have become nation's secular religion, such approach has become a substitute for traditional method of resolving dispute through litigations. It wears by now in this millennium an apron of fully conceptualized sort of conflict settlement devices.
26. I do not criticize hope. It is a sentiment to be cherished. But here amongst us we cannot afford its luxury and must plan, if we had not yet planned, unequivocally for our children and for their better future. But be aware of pretension and/or ruse, keeping in view the observation made by Mr Bumble's famous statement in Charles Dickens's Oliver Twist: "The law is an ass". Believe me, it is wholly untrue. Our Courts are quick to notice the dominated objective behind such pretensions.
27. THAT ostensibly these matters are of general public interest and we hope that there is no secrecy involved in relation to them. It is in this context that we have asked the required information. Matters of such nature continue to be pursued with the concerned authorities. Where replies are not received and the matter is considered to be of general public importance. And in that case if we are left without option, and tend us to move the Court for the redressal of public grievance at large, being construed as infringement of Constitutional and legal rights.
28. THAT we earnestly hope this communication will receive immediate consideration by yours taking on the request embodied in this epistle within a four weeks. And also if you as an organized fraternity interested, as we wish you should be, to reply to this legal epistle of ours, kindly adduce explicit documented evidentiary facts – showing your earnestness and commitment because where facts, lore, and misinformation would made to become so inter-wined that extracting a pristine truth is almost impossible.

Any attempt at this stage to pre-judge or prejudice the eventual task of the social justice should be avoided by both of us. Because I know like most teachers, your goodself/ves too do not want to be lectured.

Please pay heed and be well advised for the future of India .

Without prejudice, per se

(Yogesh Kumar Sharma)

Advocate

On behalf of 'asmita': the NGO

1. Shri Kapil Sibal, Minister for Human Resource Development-hrm@nic.in
2. Chief minister-Rajasthan- cmraj@rajasthan.gov.in
   : cmrajasthan@nic.in
3. Mrs. D. Purandeswari, Minister of State, Ministry of Human Resource Development- Mosoff.edu@nic.in
4. Ms. Anshu Vaish, Secretary - secy.sel@nic.in
5. Competent Officers of Department of School Education & Literacy (SSA – RTE), MHRD- secy.sel@nic.in; anitakaul.edu@nc.in; pramodkrtiwari@yahoo.co.in; suparna.edu@nic.in; Virender.justa@nic.in; coordee1@gmail.com; vasudeva.sk1@gmail.com; arunsharma.edu@nic.in; Jyotipahwa.edu@nic.in; ssaee17@gmail.com; dkgautam@nic.in; ravichand.edu@nic.in; msgoi@gmail.com; umedsingh.edu@nic.in; tpn_singh@rediffmail.com; ucs.edu@nic.in; ssaee17@gmail.com
6. Shri Ashok Sampatram, IAS (Ppl. Secretary), Government of Rajasthan - Sampatram.ashok@nic.in
7. Shri Siyaram Meena, IAS, Secretary (School Education), Government of Rajasthan- siyarammn@gmai.com
8. Education (School)-Deputy secretary, government of Rajasthan - anilthanvi@yahoo.com
9. DIVISIONAL COMMISSIONER, AJMER- atulsharma@rajasthan.gov.in; divcomm-ajm-rj@nic.in
10. COLLECTOR & DISTRICT MAGISTRATE, AJMER- manjurajpal@hotmail.com; dm-ajm-rj@nic.in
11. Smt. Veenu Gupta, State Project Director, Rajasthan Council of Elementary Education, II Floor, 5 Block, Dr. Radhakrishan Shiksha Sankul, Jawahar Lal Nehru Marg, Malviya Nagar Road, Jaipur – 302017, RAJASTHAN - rajssa_dir@yahoo.co.in
12. Board of secondary Education, Rajasthan: secy-boser-rj@nic.in, rkbhatt@rajasthan.gov.in; rkbhatt@rajasthan.gov.in – Kindly either provide a list of schools affiliated with your Board or otherwise communicate and extend a copy of this legal epistle to all schools which are affiliated with your Board; as presently we are only serving this legal epistle to all school whose address and email id is available with us. Regards.
13. Commissioner - Department of Secondary Education, Bikaner , Rajasthan - commsecedu@yahoo.com
14. Deputy Director, Education Department, Ajmer - 0145-2621991
15. District Education Officer-I, Ajmer , 0145-2431420
16. District Education Officer-II, Ajmer , 0145-2429997
17. Mayor and CEO AJMER MUNICIPAL CORPORATION , Prithvi Raj Marg – Ajmer -ajmermc@gmail.com
18. Gram Panchayat Aradka, Ajmer- ईमेल: gpajarad-rj@nic.in
19. Gram Panchayat, Chachiyawas, ajmer- gpajchac-rj@nic.in
20. Gram Panchayat, Kanpura, Ajmer - gpajkanp-rj@nic.in
21. Gram Panchayat, Ramsar, Ajmer - gpajrams-rj@nic.in
22. Gram Panchayat, Srinagar , Ajmer – gpajsrin-rj@nic.in
23. Gram Panchayat, Babayacha, Ajmer – gpajbaba-rj@nic.in
24. Gram Panchayat, Makarwali, Ajmer – gpajmaka-rj@nic.in
25. Gram Panchayat, Badlya, Ajmer – gpajbadl-rj@nic.in
26. Gram Panchayat, Tihari, Ajmer – gpajtiha-rj@nic.in
27. Gram Panchayat, Sanod, Ajmer - gpajsano-rj@nic.in
28. Central Board of Secondary Education - Kindly either provide a list of schools affiliated with your Board or otherwise communicate and extend a copy of this legal epistle to all schools which are affiliated with your Board; as presently we are only serving this legal epistle to all school whose address and email id is available with us. Regards.
1. Chairman &Chief Vigilance Officer, Central Board of Secondary Education – Email: chmn-cbse@nic.in
2. Secretary, Central Board of Secondary Education –
   Email: secy-cbse@nic.in
3. Controller of Examination, Central Board of Secondary Education – Email: mcsharma.cbse@nic.in
4. Officiating Director (EDUSAT), Central Board of Secondary Education –Email: jsctet.cbse@gmail.com
5. Officiating Director (Academic), Central Board of Secondary Education –Email : director.cbse@nic.in 
6. Deputy Secretary (IT), Central Board of Secondary Education –Email:  cbse.aff@nic.in, sdutta.cbse@nic.in
7. Public Relations Officer/ Public Information Officer, Central Board of Secondary Education –Email: ramas.cbse@nic.in
8. Regional Officer:, Central Board of Secondary Education – NCT of Delhi, Foreign Schools- rodelhi.cbse@nic.in 
9. Regional Officer:, Central Board of Secondary Education – Tamil Nadu,Kerala, Andhra Pradesh, Karnataka, Maharashtra, Goa, Puducherry, Andaman and Nicobar Islands, Daman and Diu- rochennai.cbse@nic.in
10. Regional Officer:, Central Board of Secondary Education – Assam, Nagaland, Manipur, Meghalaya, Tripura, Sikkim, Arunachal Pradesh, Mizoram- roguwahati.cbse@nic.in
11. Regional Officer:, Central Board of Secondary Education – Rajasthan, Gujarat , Madhya Pradesh, Dadra and Nagar Haveli- roajmer.cbse@nic.in
12. Regional Officer:, Central Board of Secondary Education – Haryana,U.T.of Chandigarh, Punjab, J&K, Himachal Pradesh- ropanchkula.cbse@nic.in
13. Regional Officer:, Central Board of Secondary Education – Uttar Pradesh, Uttaranchal- roallahabad.cbse@nic.in
14. Regional Officer:, Central Board of Secondary Education – Bihar , Jharkhand- ropatna.cbse@nic.in  
15. Regional Officer:, Central Board of Secondary Education – West Bengal , Orissa, Chhattisgarh- robhubaneshwar.cbse@nic.in

29. Directorate of Literacy & Continuing Education- dir-lit-rj@nic.in
30. National Council for Education Research and Training- Director (Incharge)- director.ncert@nic.in; Joint Director (Incharge)
    NCERT- jd.ncert@nic.in; Secretary- secy.ncert@nic.in; proncert@hotmail.com
31. Council for Indian school certificate Examination-Pragati House, 3rd Floor, 47-48, Nehru Place, New Delhi – 110019-cisce@nda.vsnl.net.in - Kindly either provide a list of schools affiliated with your Board or otherwise communicate and extend a copy of this legal epistle to all schools which are affiliated with your Board; as presently we are only serving this legal epistle to all school whose address and email id is available with us. Regards.

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