Current Status

April 2006

April 1, 2006 - Demarcation of area occupied by Bandhyali School. There was disagreement on the interpretation of the court order on whether the area marked was for identification of location or demarcation of area for school. This was resolved with the intervention of PUCL. The Deputy Commissioner agreed that the demarcated area should include the school building and the land where the other activities take place.
April 3, 2006 - The hearing was on the issue of demarcation of land for Bandhyali School. The positive development was that the honourable court has accepted that the indication on map with the court order is the indicated location of the school and not the demarcated area of the school.
The JDA did not present their report of the demarcation exercise undertaken on April 1, 2006 and therefore the court could not take a decision.
Mr Sandeep Bakshi's lawyer tried to intervene in the matter by saying that as the school was constructed on 800 square meters of land, that should be construed as the demarcated area.
The judge did not accept that argument and said that the JDA should submit an affidavit to clarify their position on the land occupied by Bandhyali School.
The date of the next hearing is April 5, 2006.
April 5, 2006 - Hearing on the issue of status quo by Bandhyali School happens. JDA presented its report on the demarcation of the land in court. The JDA lawyer suggested that Digantar consider the option of alternative land and suggested khasra number 301.
The judge suggested that the case should move further and Digantar should seriously consider the alternatives offered.
This land i.e. khasra number 301 was first offered to the community for the qabristaan which they rejected as it is in a nullah on a slope. It is also only about 3 beeghas. We have asked for allotment of 6 beeghas.
April 13, 2006 - The court was informed that the land identified by JDA i.e. Khasras 300 and 301 were both unsuitable for allotment. Khasra 301 does not belong to the JDA and Khasra 300 is also on low lying land and classified as 'Gair Mumkin Nadi' which means that that bit of land cannot be allotted.
The JDA has been asked to give a list of other alternative sites to Digantar. The next hearing is on April 15, 2006.
April 15, 2006The past week has seen many developments in terms of JDA offering us alternative land for Bandhyali School.
The first alternative they offered us did not belong to the JDA and had to be rejected.
The second alternative they offered was on low-lying land and was rejected by us.
The third/fourth alternatives that the JDA offered were 1.5 kms from our current location and we rejected that option.
The fifth and sixth options were 2.5 kms away from our current location and were also rejected by us.
In today's hearing, a seventh alternative emerged but much less in the area than the preset area of the school and (500 sq mts or 2 beegas instead of 1500 sq mts or 6 beegas) that we have asked for. We have accepted this offer in terms of location, but the area has to be negotiated. We also discovered that the map was not accurate and the place indicated by the judge actually falls within the Qabristan land. So it seems that again we have not made much headway.
The next hearing of this case is on April 19, 2006.
April 20, 2006 - We seem to be inching towards some kind of settlement. The honourable court suggested the following to the JDA:
Khasra number 300, which was being offered to us and we rejected as it was on low-lying land, as it is adjoining the land identified for Mahima Shiksha Samiti be offered to them and Digantar be given land instead of it.
The court recognised that Bandhyali School is in 800 square meters with 325 children and any land offered, should ensure that there is enough room for the children and there is space for a playground as well.
The court has suggested a new place adjoining Qabristan for the school.
Nothing is very clear so far, but it seems that the following are slowly gaining acceptance: (1.) that the school should not shut down, (2.) that, it would require a piece of land that is accessible to the children, and (3.)that too small an area will not be adequate.
April 24, 2006 - The judge narrowed down the options of alternative sites for the school to 2. First is Khasra Number 300 and the other is Khasra number 155.
Both these options have problems. We have rejected Khasra number 300 as it is classified as 'gair mumkin nadi' in government records. It is located on low lying land and quite unsuitable to run a school. The other option is Khasra number 155. This land is next to the Qabristan. This location is acceptable to us but it is quite small. The court suggested a strip of land from Khasra Number 147 be added to it. Even after addition, this piece of land is only 6400 square metres (we have asked for 15, 000 square meters).
(Click here for a map) and (Click here for a detailed description of the alternatives)
The judge said these were the only two alternatives.
A meeting of community members, PUCL, other NGOs is being organised on the evening of April 26.
The next court hearing is on April 27.
April 27, 2006 - Not much change. The same two options remain. We have to respond to these options on April 30, 2006.

March 2006

March 7, 2006 - The High Court did not admit our petition on the technical ground that we should have appealed to the JDA tribunal before approaching the High Court. The status quo is extended on the school land upto 14th March 06. We have to approach either Division Bench in the High Court or JDA tribunal within that time, i.e. only three working days. A meeting of several NGO's and Community people was held on 7th evening under the banner of PUCL, Rajasthan. It was well attended. It was decided that we should appeal to Division Bench in High Court. Another meeting is scheduled for 8th evening in Bandhyali School. Decisions regarding resistance etc. are still being debated.
March 25, 2006 - The next date for the hearing of the criminal case against Secretary, Digantar scheduled for June 1st, 2006.
March 29, 2006 - Our writ in the High Court through which we are seeking extension of the Status Quo (continuation of the school and stay JDA'a move to remove the school) was heard on March 29, 2006. The honourable court granted the status quo till April 3, 2006. Meanwhile, JDA is ordered to demarcate the land occupied by Bandhyali School in the presence of Digantar.
The next hearing is on April 3, and we expect that the status quo will remain on the demarcated land. JDA will be free to allot the remaining portion to whomsoever they want. (Mahima Shiksha Samiti)
The main petition about the school's right to continue in the same place is being heard in the JDA Tribunal on April 17, 2006.
The next hearing of the criminal case against Secretary, Digantar is on June 1, 2006.

February 2006

February 13, 2006 - The scheduled hearing did not take place, as the judge was on leave. Next hearing on 20th February.
February 20, 2006 - Hearing on the Contempt of Court petition held. The results were: 1.) Our petition sought to issue notice of contempt of court against the enforcement officer and the commissioner of the JDA - the court issued the contempt of court order only to the enforcement officer of the JDA. 2.) We sought to have the proceedings against Secretary, Digantar in the CJM quashed. The High Court denied this. This implies that the case in the court of the CJM stands. The next hearing on this in the CJM's court on March 25, 2006. 3.) The next date for the hearing on the contempt of court petition is on March 7, 2006. The next hearing of the main petition i.e. the Bandhyali School land is on February 28, 2006.
February 28, 2006 - Next hearing scheduled for March 7, 2006

January 2006

January 3, 2006 - Protest organised by different pro-people groups, organisations, student and teacher associations/ trade unions against JDA’s decision on Bandhyali at Bikaner House, New Delhi. About 70 odd people participated in this protest. Ms Shubha Mudgal, Prof Kamal Mitra Chenoy, JNU; Prof Rama Kant Agnihotri, Department of Linguistics, Delhi University and Mr Ashok Bajpayee have consented to be spokespersons for Bandhyali.
January 7, 2006 - A dharna is being organised by Swaasthya Seva evam Vikas Samiti, Jaipur Shahar Sanrakshak Abhiyan Samiti, Rajasthan Nagauri Samaj and Jaipur Zila Kisan Sabha to save the common land of Bhavgarh Bandhya village (where Bandhyli School is located). Digantar is will also participating in the sit out.
January 9, 2006 - Court hearing postponed to January 12, 2006.
January 12, 2006 - Postponement to January 20, 2006. The JDA counsel tried to argue in favour of the status quo being removed or the final limit to be set as January 20, 2006.
January 20, 2006 - Postponed to January 25, 2006. The community has also filed an intervention application seeking to be petitioners stating that the closure of the school affects their children the most.
January 25, 2006 - Next Court hearing.

December 2005

December 2, 2005 - Notice from Jaipur Development Authority to remove Bandhyali School within 3 days.
December 5, 2005 - Digantar obtains stay order from High Court and continues to run the school there.
December 6, 2005 - Mahima Shiksha Samiti appealed for cancellation of Stay Order.
First week of December, 2005 - Appeals sent out to the social development and educationists.
First week of December, 2005 - Friends of Digantar launch online petition.
First week of December, 2005 - Letters sent by Prof Anil Sadgopal, Prof Yashpal, Prof Ramakant Agnihotri, member of the Asha Learning Network raised the issues in the Governor’s office. Information from the Governor’s office had already asked for a report on the issue from JDA.
December 12, 2005 - Meeting organised at Bandhyali School, where over 600 people participate. Participants include students of Bandhyali School, Community Members, members of PUCL, Educationists, Concerned Individuals and members of the print and electronic media.It was decided that a petition be given to the Governor, Chief Minister, Speaker- Vidhan Sabha, and Education Minister.
December 13, 2005 - Hearing in the High Court on the case postponed to December 19, 2005.
December 13 to 15, 2005 - Petitions given to the Chief Minister’s Office, Vidhan Sabha Speaker and Education Minister.
December 17, 2005 - PUCL and Digantar Secretary met Commissioner JDA. He asked Digantar to identify alternative land for the Bandhyali School. Digantar said that in the case of education, specially of adolescent girls it is important that the girls and their parents find the place comfortable to commute to and secure. The current location fulfils both criteria and therefore it would not like to shift the school to an alternative spot.Secretary Digantar met Minister Education, who agreed ‘to look into the matter.’Children and members of the community met Minister Education, who assured them that their school would not be moved.
December 23, 2005 - A dialogue on “Attack on the fundamental right of children of Bandhyali School by market forces” was organised by PUCL and Digantar at the Academic Staff College of Rajasthan University. The focus of the dialogue was on what should be the priorities of the government – facilitating free education for girls or setting up of a private university. Almost 130 persons participated. Prof Kamal Mitra Chenoy, JNU, Delhi was chairperson.