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To
The Principal Secretary/ Secretary
Government of U.P.
Department of Education
Lucknow (UP)

Subject: in relation to open a primary school for the children of Baghawanala area, Kuwar
Village in Varanasi and Ghasia Basti of Raup in Sonbhadra.

Respected sir,
I would feel highly obliged if you allow me to draw your kind attention towards the problem of
education facing by the children of Baghawanala area of Hukulganj, Kuwar Village in Varanasi
and Ghasia Basti of Raup in Sonbhadra.
Today India is celebrating 59th anniversary of the enforcement of its Constitution. Right to
education is fundamental right. The success of democratic government depends on the educated
citizens of that country. A literate citizen develops himself and at the same time he contributes in the
development of the country. Education provide a person human dignity and an illiterate person is like
an animal. Education was clearly made a governmental liability through Article 45. The importance of
education is universal. In the case of Unnikrishanan Vs State of Andhra Pradesh the Supreme
Court declared that right to education is fundamental right for the children between the ages of 6 to 14
years. Article 21A is added by 86th Amendment Act which provides that the state will make provision
for free and compulsory education to the children between the age of 6 to 14 years in a manner as it fix
by making law. It is mandatory for the Central and State Government to provide such education to each
and every child under article 21A of constitution of India. The Government of India has also
proclaimed a national policy on children in 1974 declaring children as “supremely important assets.”
The policy provides the required frame work for assigning priority to different needs of child.
Apart from this in PUCL Vs Union of India the Supreme Court ordered that well cooked and
pure food should be provided to children in all government or government aided school for minimum
two hundred days
In addition to this the central government launched Serva Shiksha Abhiyaan (Campaign for
Education to all) through its eight flagship program. This campaign has been launched in 2001 for
universalization of elementary education by 2010. The slogan of this campaign is “Sab Padhe, Sab
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Badhe (all read, all grow).” To promote the presence of children the slogan “School Chalo (go to
school)” has been given.
However, in spite of the constitutional provisions and campaign, the objectives to provide
elementary education to children up to age of 14 years is not appeared to be met with.

Primary school in Baghawanala slum of Varanasi

Baghwanala slum locality is situated at the bank of Varuna River at Hukulganj area in Varanasi. The
children of this locality are still deprived from elementary education. Lots of efforts have been by
parents as well as children with the aid of People’s Vigilance Committee on Human Rights.
On 09/02/2001 Dr Lenin the Convener of People’s Vigilance Committee on Human Rights
(PVCHR) had sent an application to District Magistrate Varanasi with a view to draw attention of
administration on the problem of education in Baghawanala area. He explained that the children of that
locality are not able to go to school as the schools are situated more than four km apart from the
locality. He also explained that PVCHR has opened an informal education center. In last he requested
on behalf of the dwellers of the locality to open a primary school immediately. On same day the
dwellers of the locality made an application to District Magistrate Varanasi with emphasis to open a
primary school in their locality as 98% population is illiterate.
An application dated 02/08/2001 from the signature of the dwellers of Baghawanala slum
locality was sent to Basic Siksha Adhikari Varanasi, to open a primary school in their locality. They
also informed that PVCHR is running an informal school in their locality as there was no primary
school in their locality.
The residents of different villages including the resident of Baghawanala slum locality have put
their demands to District Magistrate Varanasi on 05/09/2001 through protest. Out of which one
demand was to open a primary school in Baghawanala slum locality, with a view to attract his
concentration on the occasion of Teacher’s Day.
On 30th April, 2002 TIMES of INDIA published that JMN (Jan Mitra Nyas) is striving for
elimination of child labour menace. It was stated that Jan Mitra Siksha Kendra is informal education
centre being run by Jan Mitra Nyas with the financial support of CRY.
On 15th May, 2002 Hindustan published news with a title “Light of Education in the
Darkness of Scarcity” which stated that the plight of the helpless children in need of education was
first observed by Ms Shruti, who thought to open a school and she got support from Panchayat Head
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Mr Tilak Dhari Rajbhar. The children as well as their guardian showed same curiosity about the school.
Having seen the interest of children and guardian Smt Shruti conveyed her massage to administration
but no action was taken. Then after the 22 days labour and small contribution one small room was
constructed and the roof was covered with asbestos sheet. Now children between the ages of 3 to 18
years are getting education here.
The residents of different villages including the resident of Baghawanala slum locality have put
their demands to District Magistrate Varanasi on 08/10/2002 through protest. To open a primary school
in Baghwanala slum locality was included in their demands.
On 10/03/2003 the women of different villages along with the women of Baghawanala slum
locality have put their demand to Honorable President of India through District Magistrate Varanasi.
To open a primary school in Baghwanala slum locality was included in their demands.
On 08/08/2003 the children of Munshi Premchand Bal Panchayat Bal Sansad (children
parliament) had informed through application about the urgent needs of primary school to District
Magistrate Varanasi through Bal Panchayat to attract his attention on their problem of education.
They demanded to open a primary school in Badepur village of Badagaon block, Baghwanala of
Hukulganj area, Amarpur Madhia under Adampur police station, Aashwari village of Badagaon block,
Shivrampur village of Harhua Block, Kuroulee village of Harhua Block, Pindarai village of Pindra
block.
On 24/10/2003 Dr Lenin (PVCHR) had given an application to District Magistrate Varanasi
by hand along with his supporter to open a primary school in Baghwanala slum locality. He stated that
there is no primary school in that locality. In the era of commercialization a private school is run by a
private person and the poor parents are not capable to send their children in that school. The demand
for Primary School is being raised from the last many years, but negligence from administration can
not be understood. At the same time the rights of the children are being violated in inhuman way. He
also suggested that a public place near Durga Temple is the most appropriate place for the school.
On 4th January, 2004 Dainik Jagran published that the proposal to open a school in Baghwanala
is demanded in meeting of Nagar Shiksha Adhikari Varanasi.
On 19/05/2004 the children of Munshi Premchand Bal Panchayat Bal Sansad(children
parliament) send their demand to District Magistrate Varanasi with request to open primary school in
Baghwanala slum locality. They narrated the hardship of their parents. Their parents are not capable
enough to send them in private school. They explained that they and their parents had demanded from
the administration to open a school from very long time. But no attention was given from the side of
administration. They also reminded that they had submitted their demand dated 08/08/2003 to District
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Magistrate Varanasi and Chief Minister UP for school. But it is regret to say that no action has been
taken.
On 12/10/2004 Dr Lenin (PVCHR) had sent an application to Basic Siksha Adhikari
Varanasi with a view to open a school in Badepur (Belwa), Baghwanala (Hukulganj) and Amarpur
Madhia. By describing the situation of Baghawanala he stated that approximately 200 children of poor
weavers are being deprived from basic education. PVCHR is imparting informal education at Raja
Suhail Dev Jan Mitra Education Centre (which was formerly Jan Mitra Siksha Kendra). He
requested through his letter to open primary school in all the three area, so that they could get benefit
through education and mid day meal.
A letter to Nagar Shiksha Adhikari Varanasi has been sent from Corporator (Parshad) Mahendra
Singh Shakti in which he asked to take the cognizance of letter no. 898-97/07/2005-06 and said that all
the resident of Baghwanala are ready to give the public land unanimously to open a school. He also
stated that the land is used by public and no particular person is the owner of that land. He also
submitted his request to open school so that the children might be ensured Fundamental Right.
On 13/09/05 the members of Bal Sansad (children parliament) again submitted their demand to
District Magistrate Varanasi to open a primary school in their locality. The letter stated the poor and
pathetic condition of the parents of the children. They stated that in relation to open the school the
Nagar Siksha Adhikari Varanasi Mr Ram Lakhan Ram demanded proposal for school. But later it was
found that due to non-availability of land in the area the school can not be opened in that area which is
wrong. The children submitted that land of Aaraji no. 48 and 52 is public land which can be used to
open school.

In response to the letter of the children, Nagar Siksha Adhikari Varanasi send a letter no 898-
99/07/2005-06 dated 29/09/05 to Bal Sansad (Munshi Premchand Bal Panchayat) and informed
that a request was made to open a primary school in Baghwanala slum locality and it was suggested
that Aaraji no. 48 and 52 are vacant and the school can be opened at this land. Former Nagar Siksha
Adhikari Varanasi Mr Ram Lakhan Ram visited and inspected the place. But some information like
who is owner of the land and how much land is given for school must be provided to Nagar Siksha
Adhikari Varanasi. A notary, an affidavit and the copy of registry should be given within three days so
that further action may be taken.
With response to the letter of Nagar Siksha Adhikari Varanasi the resident of Baghwanala slum
locality have sent their letter of request to Nagar Siksha Adhikari Varanasi and SDM/Sadar/Varanasi
accompanying their affidavit. They stated that there is no school in their locality and their children has
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to go more than two km for education. They also suggested that a public place near Durga Temple is
the most appropriate place for school. They promised that they will not show any objection if school is
to be opened at that place.
The children of this locality submitted their application to District Magistrate Varanasi through
Bal Sansad (Munshi Premchand Bal Panchayat) on 21/10/2005. By narrating their pathetic condition,
they stated that their parents are very poor and they are daily wages labour or weavers and hardly can
they manage two meals a day. It is not possible for them to go to school. With the support of PVCHR
the parents of the children had been sending their demand to open a school in their locality since last
many years, but nothing had been done. They also said that lots of advertisement is made through print
and electronic media regarding education to all, on the other hand the administration is showing
negligence towards their demand. In last they requested not to play with their future as the children are
the future of this country and not opening of school in their locality is a matter of big concern.
Again on 29/08/06 PVCHR sent another application through its Core Group member Ms
Shruti along with other supporter. In this application they presented their ten demands out of which
their one demand is to open a primary school in Baghwanala.
Apart from these applications Smt Shanti Devi asked to Public Information Officer c/o Zila Basic
Siksha Adhikari Varanasi about letter no. Shi.A./898-99/07/2005-06dated 29/09/05 from Nagar Siksha
Adhikari Varanasi through which it was informed that in follow up of the letter no. Serva
Shiksha/16059/2005-06dated 28/09/05 a primary school is to be opened
• Why it has not been opened till now?
• What action has been taken on the letter no. 126-107/2006-07 dated 09/05/06 by the office of
director of education in Allahabad?
• When the primary school be opened and what is the budget?
The information given from office of Zila Basic Shiksha Adhikari through letter no. Serva
Shiksha/8980 dated 04/10/06. He responded that on the report of Nagar Siksha Adhikari Varanasi dated
05/05/06, a letter no. Serva Shiksha/2435/2006-07 dated 20/05/06 to seek permission to transfer one
primary school to Baghawanala slum area from the approved school in the city, has been sent to the
Secretary UP Basic Shiksha Parisad Allahabad. An action to open school in Baghwanala has been
taken only after the permission from the Secretary.
On 07/11/06 an application under Right to Information has been sent by Smt Shanti Devi to the
Director of Education Allahabad UP in relation to the letter no. Serva Shiksha/2435/2006-07 dated
20/05/06.
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On 05/02/07 Another application under Right to Information has been sent by Smt Shanti Devi to
the Director of Education Allahabad UP in relation to the letter no. Serva Shiksha/2435/2006-07 dated
20/05/06.
The Secretary then forwarded the application to Zila Basic Shiksha Adhikari Varanasi directing him
that since this information is related with Varanasi so by sending letter in original it is aspect that
appropriate answer to the appellant may be ensured from your side.
The information given from office of Zila Basic Shiksha Adhikari through letter no. Serva
Shiksha/16048-49 dated 28/03/07, that no permission has been granted from department to open new
school in Varanasi city area, so there is no question of budget and the teachers. To seek permission to
transfer one primary school to Baghawanala slum area from the approved school in the city has been
sent to the Secretary UP Basic Shiksha Parisad Allahabad. An action to open school in Baghwanala has
been taken only after the permission from the Secretary.
Whatever may be the reason and whoever may be responsible but the worst consequence is that the
school could not be opened till now and children of Baghwanala are the victim of the negligence of
administration. The demand to open school have been raised from last eight years and the children are
being continuously devoided from quality education and mid-day meal for last eight years and in same
period the children of prosperous and influential parents got quality education and they developed in
all aspects of life. These prosperous and influential have never cared for the development of the
children who are deprived and marginalized. These children got education in form of donation in their
primary level and they compelled to do child labour in lack of resources. In this period they lost their
golden opportunity of development. Some of them became older while some who have born eight
years ago are at the age of crossing their primary level. In this period the development of this locality is
negligible as there is no education. It is beyond understanding that why the administration is hesitating
to grant the permission for opening a primary school in Baghawanala slum locality if the importance of
education is accepted by all. The problem of administration is not able to be understood.
In spite of constitutional provision and order of Supreme Court, not opening of school in
Baghawanala slum area is matter of big concern and it is the clear cut violation of constitution of India.
As per news published in times of India on 12th August,2008 the Basic Education Department of the
district has to achieve a target to connect 6,75,228 children of this age group with SSA in the current
year(2008-09). According to Basic Siksha Adhikari over 6.38 lakh children have been enrolled so far.
He hopes that the target will be achieved by the end of the door to door to campaign on august 14.
There is not a single government or junior high school in Hukulganj ward having a population of
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17000. How can the aims and objectives of SSA be achieved in such situation? It seems that the
administration and Basic Education Department are trying only to achieve the target of SSA on paper.

Any how PVCHR is managing to impart education among the children through its sister concern
Jan Mitra Nyas. In starting CRY was financing Raja Suhaildev Jan Mitra Education Center, three
teachers were being appointed. For some period CRY and Sir Dorabji Tata Trust (SDTT) were
financing jointly to this education centre but after some time CRY withdrew its support and Sir
Dorabji Tata Trust (SDTT) was financing this education centre, but presently both have withdrawn
their support. Now JMN (Jan Mitra Nyas) is running this education centre from small contribution
with limited resources. Time and again the parents, children and PVCHR has reminded administration
and education department but none of them have take cognizance of the problem faced by children as
well as guardian of Baghawanala slum area.

Primary school in Kuwar village of Badagaon Block of Varanasi

There is no primary school in Kuwar village of Badagaon block in Varanasi district. There is only
private schools in the village in which the children of affluent parents can study, where as the children
of Nut-Mushar community are completely devoided from education. Presently where on one hand
primary school are opened in maximum villages of India and mid-day meal are provided in these
school, on the other hand children of Nut-Mushar community of Kuwar village are completely
deprived from these facilities. They are compelled in child labour due to lack of education. Since these
communities are illiterate and not aware about their rights, they are not able to take benefits of the
facilities provided by the State. Their condition is continuously degrading and they are completely
disconnected from main stream of development.
On 19/12/2008 an application to draw the attention of administration on the problem of education
in Kuwar village, has been sent to District Magistrate Varanasi, Basic Shiksha Adhikari Varanasi and
Secretary (Education) Lucknow UP, from Dr Lenin, the Convener of people’s vigilance committee on
Human Right. By describing the 86th constitutional amendment act, article 45 of the Constitution,
Unnikrishanan case and PUCL case, he requested politely to the administration that a primary school
should be opened in Kuwar village immediately so that the right to education of the children of Nut-
Mushar communities may be assured and they may be able to get education and connect with main
stream of development. Their life standard may be improved.
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Apart from this application many demonstration have been made to open primary school in Kuwar
village.

Primary school in Ghasia Basti of Raup in Sonbhadra

An application to hand over the building constructed with joint venture of PVCHR and German
organization Rheimshed to open a primary school has been sent by Shruti member Core Group of
PVCHR to District Magistrate Sonbhadra on 10/12/2008, Basic Shiksha Adhikari Sonebhadra and
Secretary (Education) Lucknow UP on 15/12/2008. Financial assistance has been provided by German
Minisrty for Generation Family Women and Integration of Federal Land (North Rhine Westfalia Via
Inwent gGmbh) and Indo-German society Rheimshed. By narrating the accommodation of building
she had written that there are three big rooms for class and one small room for office in the building.
There is small play ground annexed with the building, the play materials are financed by Parul Sharma
of Sweden. She informed through her application that to impart education by government teachers is to
be proposed in this building. Since there is no school for the children of Ghasia tribes, so they have to
go to the primary school of another gram sabha which is more than one kilometer apart from their
locality. Their children have to cross the road to go to school which always causes apprehension about
the accident. Though there is primary school in Raup village but it is more than one kilometer apart
from the locality. The Ghasia Tribe is very poor and education for the children of this tribe is urgent
need so they donated their residential land for the building.
She requested politely to the administration to take acquisition of the building so that school may
be opened in this building and proper arrangement for the education may be assured. Their right to
education under article 21A of the constitution may be assured and the tribal people want that
educational activities should be conducted from this session.
Prayer
Therefore I request on behalf of the resident of Baghawanala slum area of Hukulganj, Kuwar Village
of badagaon block in Varanasi district and Ghasia Basti of Raup village in Sonbhadra, that kindly take
the cognizance of the abovementioned circumstances and ask the appropriate authority to take
immediate steps to ensure the opening of primary school and provide mid day meal to the children of
Baghawanala area of Hukulganj Kuwar Village of Badagaon block in Varanasi district and Ghasia
Basti of Raup village in Sonbhadra, so that their right to education guaranteed under article 21A may
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be ensured. If no immediate step to open the primary school is taken, the children may be deprived
continuously from education.

Thanking you.
Yours faithfully

Dr Lenin
(Convener)
Submitted to:
Director of Education, Basic U.P., Lucknow(UP)
Secretary Basic Siksha Parisad, Allahabad
District magistrate Varanasi
District Magistrate, Sonebhadra.
Nagar Siksha Adhikari Varanasi.
Basic Siksha Adhikari Varanasi.
Basic Siksha Adhikari, Sonebhadra.