Updating Status of inquiry against Sri Gajbhiye Satish, IPS officer in Odisha

Updating    Status of inquiry  against Sri Gajbhiye Satish Kumar  Ishwardas, IPS (U/S), exposed through RTI

·         Though four months have passed, Enquiry   against Satish Gajbhiye by  State  vigilance  is  not yet  completed.

·         Though four months have passed,  enquiry  by Board of Revenue  and Revenue Divisional commissioner  has not been completed. 

·         In the name of enquiry, the State Administration is buying time  and trying hard  to protect  Satish Gajbhiye

Dear friends

All of you are aware  that  Sri  When  the people of Kendrapara  district were   demonstrating against  controversial Godman Baba Sarathi, Sri Satish  Gajbhiye, then SP, Kendrapara in the name of controlling  law  and order  resorted to  lathi charge, mercilessly  beating up the common people, journalist  and ruthless colonial behaviour to the lawyers in August 2015. When  the  Electronics media  telecast the news  about it, there was huge  protest  and  demonstration   by the  political parties, Civil Society Groups, Lawyers’ Association demanding arrest  of Satish Gajbhiye.     

During  that time,  the Civil Society Groups  exposed  fraud  and forgery of  Sri Gajbhiye  in respect  of acquiring  huge land in Gop block  of  Puri district.  The Fact-finding team who  visited  Gop Block  to  collect  ground zero  information  on 11th  and 13th  of August’15 found that    Sri Gajbhiye  had purchased  huge landed property in name of his wife Ranjana Gajbhiye in Gop block of Puri district.   Acres of land  has been purchased from the families of Dalit Caste and General Caste of Barimunda and Baulanga villages under Gop Block of Puri.  More than 35 acres of agriculture land had been purchased by him in name of his wife. The people alleged  that they had not seen Ranjan Gajbhiye while selling and signing sale deed at the office of Sub-Registrar, Gop. Two Dalals who are linked with Chit Fund Operators Sri Kailash Pradhan of Chadheigan village of Nagpur Panchayat and Sri Dillip Nayak of Chhanijang   had executed all the works including giving money against the cost of the land on behalf of Ranjan Gajbhiye. 

  The Team  also  noticed that   he had also illegally  acquired  and encroached  more than 40 acres  of  Gochar  and  Anabadi land and river bed  of Kadua river and engaged  dalals  for  construction of number of big ponds for fishery  which is going on since 2013.  The rough estimate for investment into magnitude  of  work  undertaken  for  digging pond  in around 100 acres  of  land  will be more  than  30 to 40 crores. 

Astonishingly, Sri Gajbhiye  had  not  disclosed  the information  about  this property  in  his Property Statement  submitted  to Govt. of India .  On 12.8.15, the Civil Society Groups filed complaint  to CBI, Bhubaneswar Office to  enquire into  land scam of Satish Gajbhiye. 

Then, after huge public demonstration demanding arrest of Satish Gajbhiye across the state, the State Government was forced to suspend Sri Gajbhiye. The Directorate of State Vigilance started an enquiry into it.  The Member, Board of Revenue also instructed to RDC to equire  into allegation  of land scam  by Satish Gajbhiye  on 19.8.15 and 21.9.15.

On 14.10.15, RTI Application was  submitted to the Directorate of Vigilance, Cuttack  seeking  information about  status of inquiry  against Satish Gajbhiye . On 24.11.15, the PIO  has intimated that “ the Inquiry  is in progress against Sri Gajbhiye, IPS  who is under Suspension. In respect  of Other RTI query  about name of Inquiry Officer entrusted to conduct  enquiry, the PIO has declined  to give their names  citing  section 8 (1) (g)(h) of the RTI Act. 

Similarly, on 14.10.15, RTI Application was submitted to the PIO, Office of Board of Revenue, Govt. of Odisha  seeking  information about  status of enquiry  against Satish Gajbhiye.  On 17.11.15, the PIO has supplied  copy of  two letters  dated 19.8.15  and 21.9.15 in which  BOR  has  issued  direction referring news clipping to RDC, Central Division to enquire  into  the allegations  against Satish Gajbhiye  and sought  Action Taken Report  at the earliest.  Interestingly,  though  four months have passed, RDC has not  submitted the enquiry report.

Pradip Pradhan

RTI Activist

M-9937843482

Date- 18.12.15    

OSCPCR- A Commission against Judicial Decorum of the Country

OSCPCR- A Commission against Judicial Decorum of the Country

• Odisha State Commission for Protection of Child Rights ( OSCPCR) did not allow the representative of a complainant to plead the case during the hearing.
• Neither did the Commission give any reasons in support of her denial despite repeated appeals by the Complainant. As per the law, OSCPCR must give the reasons of her denial. 
• Why OSCPCR is defiant of the judicial norm of the country, when the Supreme Court, High Court, Information Commission, Human Rights Commission, State Commission for women allow the representative of the petitioner/ complaint to plead the case. 
• Is OSCPCR above the judicial decorum of the country?
• Has the law empowered the OSCPCR to deny the representation of the Complainant? 

It needs to be publicly debated and discussed in the greater interest of protection of the rights of complainants fighting the case for justice.

Sri Prakash Ch. Nayak ( M-8763790311),  Complainant  had  filed  a  complaint  in OSCPCR  against  Takshila  School  ( also known as Bhubaneswar Model Public School in Records), N5/A, 1697, IRC Village, Bhubaneswar-751015 for alleged metal torture, physical harassment  and  expulsion  of   his son Srikant Auropratik  studying in Class-9    from  the school  by the  authority. After receipt of the complaint, the Commission has fixed   dt.12.12.15  for  hearing of the case.  Ms. Rajalaxmi Das, Member, OSCPCR took up the case. The  procedure followed  by the  Commission, denial of entry  of his wife to plead during  hearing  in favour of her son, and host of other issues relating to behaviour  of the Commission ( it will be disclosed later on) gave Sri Nayak very bad taste.  When the omission fixed another date i.e, 16.12.15, Sri Nayak  sent a letter in mail with request  to  allow  two persons Sri Pradip Pradhan and Smt. Sanjukta Panigrahi  to represent him to plead the case. Astonishingly, about two houses left  for  hearing, he received a telephonic  call  from OSCPCR office about  denial  of  representatives  during hearing.  When Sri Nayak wanted to know the reasons, there was no response from that side. Then he requested sent a mail citing the reasons about the denial. The response received from the office of OSCPCR took the plea that internet  was very slow and mail could not  go through.

Sri Nayak along with his wife and two representatives Sri Pradip Pradhan and Smt. Rajalaxmi Das   reached at OSCPCR to appear the hearing.   When the hearing is about to start, Sri Nayak requested the Commission to allow his representative to plead for him, as matter of right.  When Rajalaxmi Das, Member, OSCPCR denied the representation, he asked the reasons to be given in writing. The Commission neither cited any reason nor gave any written about it. She asked the parents to be present the hearing.

Astonishingly, the Commission has not  provided  proceedings of the hearing of the case.

The story does not end here, it is just beginning.

Pradip Pradhan, M-9937843482

Date- 17.12.15 

Central Subsidy is Rs. 27.38 and Rs.19.81 per kg of Rice and wheat under NFSA

Central Subsidy of Rs. 27.38 and Rs.19.81 per kg of Rice and wheat respectively given to Odisha under NFSA , exposed through RTI

Naveen Patnaik Govt’s claim of giving rice at the rate of Rs. 1.00 per kg is false and misleading, exposed through RTI.

Naveen Patnaik Govt. takes a lot of credit for providing Rice @ Rs.1/- per kg to the poor and vulnerable Households in the state. It is alleged that this scheme has created strong vote bank for BJD Govt. in the state. While implementing National Food Security Act, the State Govt. has also declared to continue to provide rice and wheat at the rate of Rs.1.00 per kg.

To understand exact amount of subsidy given by the Central Govt. for rice and wheat under Targetted PDS, RTI Application dated 23.11.12015 was submitted to the CPIO, Ministry of Consumer Affairs, Food and Public Distribution, Govt. of India. While responding the RTI Query, the CPIO supplied the following information.

A. As per FCI Economic Sheet for 2015-16, per kg expenditure incurred by FCI for procurement of rice work out to be Rs. 30.38/kg and for wheat it is Rs.21.81/kg.

B. As per FCI Economic Cost for 2015-16 per kg subsidy for wheat after adjusting central issue price of Rs.2/kg works to be Rs. 19.81/kg. Similarly for rice as per DCI economic cost 2015-16 after adjusting Rs.3/kg as central issue price it works out to be Rs.27.38/kg.

Analysis
A. While the Central Govt. gives rice Rs. 3.00 per kg to the beneficiaries by bearing subsidy of Rs. 27.38 per kg, the State Govt. give Rice at the rate of Rs. 1.00 per kg by bearing just Rs.2.00 per kg of rice under PDS.

B. Similarly, while the Central Govt. gives wheat Rs. 2.00 per kg to the beneficiaries by bearing subsidy of Rs. 19.81 per kg under the present arrangement made under National Food Security Act, the State Govt. gives wheat at the rate of Rs. 1.00 per kg by bearing just Rs.1.00 per kg of wheat under PDS.

Pradip Pradhan, M-9937843482
Date- 16.12.15

Updating about Baba Shankarananda Giri

No response from Shankaranand Giri , President of Prabhujee  English Medium School  about alleged complaint of   fraud and forgery committed by him in respect of producing false document to CBSE, exposed through RTI

In November, 2015, after mass media expose  about  fraud and forgery  of Baba Shakaranad Giri, president, Kriya Yoga Trust committed  in respect  of  obtaining affiliation  from CBSE (Central Board of Secondary Education ) by producing false land documents, the members of Civil Society Groups constituted  a fact-Finding Team  and  started an enquiry into details of location of land and how the land was obtained by the Trust.    It needs to be mentioned here that    there was a Land Lease-Deed agreement signed between Sri K.C. Das, Secretary, Kriya Yoga Foundation Trust, Kriya Yoga Ashram, Bhubaneswar, District-Khurda and Swami Shankaranada Giri, President, Prabhujee English Medium School, V.S.S. Nagar, Bhubaneswar, Dist-Khurda  on 27.3.15 in the office of District Sub-Registrar, Bhubaneswar.  As per Lease Agreement,    Sri K.C. Das, Secretary, Kriya Yoga Foundation Trust has handed over a portion of its land measuring 3 Ac on lease basis to Swami Shankaranand Giri to run Prabhujee English Medium School.  The Schedule of the property of the land is Hal Plot No- 5168/5169 under   Mouza- Gadakana of  Bhubaneswar Tehsil. The location of the land  is  East- Hospital and Ashram Main Gate, West-  Ashram Land, North- Ashram road and Building , South-  Institute of Hotel Management.

While verifying the land documents produced by Prabhujee English Medium School, it was found that the owner of the land was neither Kriya Yoga Trust nor Prabhujee English Medium School. The said portion of land belongs to some other people.  The owner of Hal Plot No 5168 ( Khata No-875) is Sri Giridhari Bhoi, Gokul Bhoi of  Surath Bhoi, Father of Gadakana Mouza. The owner of Hal Plot. 5169( Khata No.-707)  is Sri Keshab Das of Rangamatia village. Both these lands are located far away from Prabhujee English Medium School.

It  was also  found that  the said  school is situated  on the land  of  General Administration of Govt. of Odisha  which has been  encroached  and illegally  occupied  by Swami Shankaranand since long. So, we are of the view that Swami Shankaranand  Giri  has produced forged  and false document  and misled  authority of CBSE.

On 9.9.15, a Complaint was filed to CBSE, Regional Office, Bhubaneswar demanding an enquiry and cancellation of affiliation to Prabhujee English Medium School and an FIR  was filed  by Sri Ashok Mallik, State President of NACDOR in Saheed Nagar Police Station, Bhubaneswar in Sept. 15  which was registered as Case No. 504/2015. 

Acting on our complaint, CBSE issued notice to Shankarand Giri  to respond  about the allegations.  Though 3 months have passed,   Shakaranand Giri  had not responded till yet which  has been exposed through RTI. On RTI query filed on 13.11.15, the Central Public Information Officer of CBSE  has provided the information  on 23.11.15 that “Shankaranad Giri has not filed his response till yet”.  Interestingly, CBSE has sat idle without taking any action against Prabhujee English Medium School. The nexus of CBSE and Baba Shakaraand Giri is clearly exposed.

On the other hand, RTI application was filed to Saheed Nagar Police station to obtain information about details of the FIR filed against Shakaranad Giri. The information provided by the PIO on dated 18.10.15 is  as follows.

Sl.No	Case No.	Complainant	Status of Enquiry
1	PS Case No. 230/2015	Mr. Allen Franklin Nelson, Foreigner	Case pending and enquiry is on progress
2	PS Case No. 487/2015	Pritikant Nayak	DO
	PS Case No. 495/2015	Pradeep Pradhan	DO
	PS Case No. 504/2015	Ashok Mallik	DO

It shows  that  the police is dillydallying  to  take  action  against Shankaranand Giri  and sitting idle  on complaint without any investigation.

Pradip Pradhan

Date-4.12.15

M-9937843482

NHRC sought Action Taken Report from SP, Nayagarh

NHRC  sought Action Taken Report  from SP, Nayagarh  on  complaint of  “Merciless Attack on Physically Handicapped RTI Activist by Hooligans and subsequent Hospitalisation in Odisha”

On 23.11.15, National Human Rights Commission has given direction for enquiry   and   sought Action Taken Report  within four weeks from SP, Nayagarh   into alleged Merciless Attack on Keshab Mahakud, Physically Handicapped RTI Activist of Nayagarh district  by Hooligans and subsequent Hospitalisation in Odisha and police inaction despite FIR being lodged several times ( Copy is attached) . The Complaint  dated 4.10.15  was filed by Pradip Pradhan, State Convener, Odisha Soohana Adhikar Abhijan to NHRC seeking Direction to  the State Govt. to make Crime Branch enquiry into it and take stringent action against the criminals, politicians and police officers involved in it and  to reimburse  the bill  paid by him  for treatment,  award  Rs. 10 lakh  compensation as he  was made cent percent  physically invalid  due to this attack.   and  DG, Police  to ensure of registration of all FIRs filed by Sri Mahakud  in different police stations, conduct enquiry into it and take  action  accordingly.

Sri  Keshab Mahakud, a middle-aged,  physically handicapped man ( one limb is lost )  belonging to Kashikiari  village  in  Nayagarh  district  of Odisha has been using RTI to exercise his right to access the information under RTI Act and expose  corruption ad irregularities  in  implementation of Govt. work. He fell a   victim  of  conspiracy  by a nexus of unscrupulous politicians, corrupt officials of police and administration at district level and anti-social elements,   for  his  constant  endeavour  to   use RTI to expose  their  illegal and ant-people activities.  On 22.9.15, on his way  to  Bus stand, a gang of 6 hooligans  ( Baru Parida, Kahnei Nayak, Nibasi Parida, Nalu Parida, Bharat Nayak, Ashok Nayak )   attacked  him and mercilessly  hit  him with lethal weapons including an iron rod damaging  his two legs and one hand permanently. All the crucial documents such as his voter ID card and BPL Card were snatched away by the miscreants. As a result of multiple bruises and profuse bleeding caused by this sudden but pre-meditated attack, Sri Mahakud fell unconscious and the goons abandoned him on the spot. However, after getting telephone call from some unknown source, the police staff of Mahipur Police Outpost rescued him and sent him to Nayagarh   Hospital for treatment, where from he was again transferred to the Capital Hospital, Bhubaneswar, and finally from there to the S.C.B. Medical College and Hospital, Cuttack.    Though his son Kuber  Mahakud has filed  an FIR in Nuagaon Police station  of Nayagarh district,  the police is yet to nab the  culprits.   

On 29^th Sept. 2015, a team of RTI Activists  had met  him  to  get  the information about  details of the issues  which led to occurrence of such  incident  and merciless attack o him. While narrating his tale of story, involvement and conspiracy of police and powerful political people, he said that he  had filed RTI Application on 14.12.14  to the PIO, office of DFO, Wildlife, Nayagarh seeking   information about total number of deer in Kuanria Deer Park, Dasapalla and total expenditure made for maintenance of the Park etc.  On 1.1.2015,  on the occasion of observation  of New Year Day,  a feast with deer meat  was organised  at Forest Bungalow  near  Kuanria Dam  in  Dasapalla  in the presence of Sri Arun sahu, Minister  of State  for Law, Govt. of Odisha, Sri L.N. Behera DFO  Wildlife,  Sri P.K. Mandhata ACF, Sri  Rabi Kar Ranger  and some others.  The Deer used for the feast was brought  from the nearest Kuanria Deer Park.  Sri Keshab Mahakund was called by the Ranger to that Forest Bugalow for a discussion about the information to be supplied to him. After reaching there, he noticed two forest guards preparing the deer meat   to be served to the invitees. He took a photograph of it and ran away.  However,   a forest guard had noticed it. He informed to the Ranger about it. Sri Rabi Kar, Ranger immediately rushed to capture Sri Keshab Mahakud and nabbed him at   Sariganda village. He took away the mobile phone of Keshab and severely beat him up. As he is a physically handicapped person, he could not resist him.   However, on the same day, Keshab sought to file an FIR in Dasapalla Police Station. As the police did not register his FIR, he sent a complaint petition to the Chief Minister and as well to the Governor, Odisha seeking justice.

His ordeal does not end there. Finding no justice from any quarters, he    sat on Dharana in front of Odisha Legislative Assembly on 12.2.15 demanding action against the police and enquiry into the deer feast.  Sri Tapan Patnaik, ACP, Capital Police Station, Bhubaneswar  persuaded him to go to the police station to sort out his grievance. However, on reaching there  he was locked up in the police station and handed over to Sri Abhimanyu Nayak Sub-Divisional Police Officer (SDPO) Nayagarh and to the Inspector In-Charge, Itamati Police Station of Nayagarh district (90 kms from Bhubaneswar)   who were   specially called for it.  Sri Nayak carried him to the Itamati   Police Station, framed false charges against him and sent him to jail on the next day.  He spent 6 days each in Nayagarh Jail and Choudwar jail and got free after the lower court granted him bail. He was released from jail on 28.2.15.

Pradip Pradhan

Date- 4.12.15

M-9937843482

Disastrous situation of Functioning of Ombudsman in Odisha

Disastrous situation of office of 
Ombudsman functioning under MGNREGA in Odisha and Physical harassment and mental torture of an Ombudsman by inept bureaucracy in Ganjam district

On 23.3.15, Sri Sadanand Rao, retired OAS officer who has been appointed as Ombudsman in Ganjam district  by the Govt. of Odisha on 28.11.13 to conduct enquiries  into complaints  and grievances  of the daily wage workers under MGNREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme) filed a complaint to National Human Rights Commission (NHRC), New Delhi stating that after his appointment as Ombudsman, no facility of accommodation  in the DRDA office, vehicle, complaint Box,  administrative support staff  had been given to him.  The Ganjam DRDA Authority had not disbursed the legitimate sitting fees / remuneration of Ombudsman. He has been harassed physically and tortured mentally by the officials of DRDA, Ganjam. He has sought intervention of NHRC to dispense justice to him. Acting on his complaint, NHRC issued notice to the Chief Secretary, Odisha on dated 8.4.2015   seeking response on the Complaint filed by Sri Rao (Case No. 2210/18/5/2015).

It deserves to be mentioned here that Sri Rao has also written a letter in April 2014 to the Secretary, Ministry of Rural Development, Govt. of India complaining about denial of sitting fee/ remuneration to him and non-supply of administrative support staff to function independently. The MORD wrote letter twice i.e, dated 7.5.14 and 19.6.14 (D.O. No. L- 11033/10/2010-MGNREGA-VII) to the Secretary, Department of Panchayat Raj, Govt. of Odisha seeking action taken Report  stating  that “Non-payment of sitting fees  to an Ombudsman is a serious matter and may severely impact  the Grievance Redressal  Mechanism under MGNREGs”. But astonishingly, the State Govt. did not respond the letter nor did provide any action Taken Report.

Abysmally failed to get justice, Sri Rao, Ombudsman approached NHRC seeking Justice. The NHRC is yet to get ATR from the State Govt. and continue to fix so many dates for hearing and disposal of the cases.  Now,  on capacity  as Advisor to NHRC, I have sent a letter dated 12.11.15 to NHRC  seeking immediate disposal of the  said  case and provide justice to Sri Rao who is fighting for justice  since his  joining  as Ombudsman  from Nov. 13. It shows that how  the District Administration of Ganjam is creating all sorts of problem and harassing him a lot and pressuring him tol leave the post.

What is Ombudsman?

Ombudsman is an Institution formed  under section 27  of MGNREGA  consisting of one or  up to  three persons  functions  as an independent  grievance  redressal body  at district level  to hear the complaints relating to implementation of NREG Act and schemes made under the Act, direct the appropriate authority for redressal, disciplinary and punitive action against erring officials  involved in corruption  ad irregularities in NREGS work and dispense justice to NREGS worker. The Tenure of Ombudsman is  two years and may be extendable upto  one year by the selection Committee headed by Chief Secretary keeping in view the performance of the Ombudsman. The sitting fee   of Ombudsman is  fixed as Rs. 1000.00  per day.

The Process of appointment of Ombudsman started in Feb 2010  after  the order of the Central Govt dated 7.9.2009. Following the guideline issued by the Central Govt.,   the State Govt.   ensured appointment of Ombudsman  in almost all districts  in 2010 -11.

Present situation of Ombudsman in the Districts

On 9.2.15, RTI Application was submitted to the PIO, Department of Panchayat Raj, Govt. of Odisha seeking information about details of status of Ombudsman in Odisha.  RTI Application was forwarded to all the districts to provide the information. In the meanwhile, only 10 districts have provided the information.  These districts are Baragarh, Bolangir, Rayagada, Dhenkanal, Kondhamal, Malkangiri, Kalahandi,  Jajpur, Khorda,  Puri.

Details of Response of the PIOs of DRDAs of the different districts  is  as follows-

1.   The post of Ombudsman is lying vacant in all the districts since 2013.

2. The Collector, Baragarh has sent a letter to the Dept. of Panchayat Raj recommending 3 names since August, 2014. But no step has been taken by the Govt. to appoint Ombudsman.

3.  On 30.6.14, the District Collector of Bolangir had recommended three names to the State Govt. for appointment in the post of Ombudsman. But no appointment has been made so far.

4. On 15.7.14, District Collector, Rayagada had recommended two names for appointment of Ombudsman to the Govt. But no appointment has been made in the district.

5.  On 16.8.13, the Collector of Dhenkanal district had sent the name of three persons recommending for appointment in the post of Ombudsman. But the post of the Ombudsman is lying vacant in the district.

6.  No appointment has been made in the post of Ombudsman, Kondhamal.

7.  The post of Ombudsman In Malkangiri  is still vacant  since  29.9.2013.

8.  Since 2014, there is no appointment in the post of Ombudsman in Kalahandi district.

9.  The post of Ombudsman in Jajpur district and Puri district is lying vacant since 2013.

10.On 28.6.14, the Project Director, DRDA, Khorda has sent only one name Bhabagrahi Mohapatra to the State Govt. for appointment in the post of Ombudsman. But till yet no appointment has been made.

11.There is no Ombudsman in Puri district.

Critical Comments

A. The system of Ombudsman is defunct across the state. The Grievances with regard to implementation of NREGA is neither addressed nor  are the NREGA workers  provided their wage payments  within stipulated time period.

B. In the absence of effective grievance redressal mechanism, the huge corruption, irregularities, denial of wages to the workers are noticed throughout the state.

C. Wherever, Ombudsman has been appointed, they are not provided accommodation, office, supporting staff by the administration.  They are also seen being denied their remuneration. The plight of   Ombudsman of Ganjam as mentioned above   is the classic example.

D. This is the conspiracy of the BJD Govt.  to  destroy all forms of  independent  grievance redressal mechanism  in the state  and to let  the corruption  go on.

E. The system of Ombudsman needs  to be restored  at any cost bestowing all the powers  to this Institutions  to function  independently  to provide justice  to  the MGREGA Workers in the State.     

Pradip Pradhan, State Convener

Odisha Soochana Adhikar Abhijan

M-9937843482

Date-13.11.15

Denial of Education of the children in Private Schools in Odisha

Denial of Education, Physical Harassment and Mental Torture to the Children in Private Schools Sai International school and Takshila School located in Bhubaneswar

Private Schools are mushrooming across the state due to deterioration in quality education in Govt. runs Primary schools in Odisha. Though costly, many parents are seen forced to send their children to these so-called English-medium Private Schools.  While visiting many Govt. schools in remote tribal pockets of the state as part of my Citizen monitoring visits, the admission of the children  in Govt. Primary schools are also reducing every year and the parents are sending their children to Saraswati Sishu Mandir, Bibekananda Sikhya Kendra, Aurobindo Shikhya Kendra etc. The increasing dependency of the parents in Private Schools for the education of their children has provided golden opportunity to the  private school mafias to exercise their monopoly  and exploitation by demanding exorbitant price, forcing the parents to agree their illegal and illegitimate demands, mentally harassing the children, in case of any complaints from the parents etc. It has become common practice in high-profile English Medium Schools situated in Bhubaneswar, capital city of Odisha. Many times, the parents do not prefer to lodge complaints against the authority of these schools apprehending that the authority may torture their children in the school.

I present herewith two cases of violation of Rights of the Children in two prominent schools like Sai International school and Taksashila School (Bhubaneswar Model Public School) located in Bhubaneswar.

1.  Srikant Auropratik, S/o- Sri Prakash Nayak, formerly UN Employee, Nepal (M-8763790311), a 9^th class student of Takshila School (Bhubaeswar Model Public School) located at Plot No.- N5/A, 1697, IRC village, Bhubaneswar was denied to continue in Class-IX since  on the ground of poor attendance and low performance after Puja Vacation.  On 28.10,2015, the Authority intimated the parents that the Child would be sent back to Class-VIII. Sri Auropratik was admitted in the school in 2013.  As reported by him, he had been Physially and mentally tortured by the school teachers several times due to the reasons best known to them. However, the parents objected to the decision of the authority of the School and requested them to allow their child to continue in the school. But the Authority remained adamant and the  school education of the child  has been discontinued. In their pursuit to get justice, the parents  have  filed complaint to OSCPCR ( Odisha State Commission for Protection of Child Rights), Bhubaneswar on 9.11.15  stating that as the school does not have permission  from CBSE  for Class-IX, the authority is playing  mischief and not allowing  the students  to study in Class-IX. This has happened to another Studet- Suhismita Nayak of the same lass, she is also disontiued comig to class (Tel: daughter of Saraswati Nayak, 0674-2560277).

2.  Parent of Srikat have also made some serious allegations  against the authority that  due to lack of permission from CBSE, the students of the schools are  asked to give examination in the name of  other schools. The affiliation of the School has been lapsed  since March 2015. All the teachers are indulged in collection of unlawful gratification ( materials, kind) from the students. Also the school has not applied for or obtained” No Objection certificate” ( NOC) from the School and Mass Education Department, Government of Odisha, under RTE. or  “As we never  give anything except Greetings Card on Teachers’ Day, we have been victim of wrath of the teachers”, they alleged. Three teachers, particularly Ms Zonkhana Aand, Ms Meetho Mitra and Ms Shaun Mitra have been passing lewd remark on nationality of parents and physically and mentally harassing for last one ad half year. Realising gravity of the case, Ms. Rajalaxmi Das, Member of OSCPCR has taken the cognizance of the case and issued show cause notice to the authority of  Takshila School for filling response within 7 days.

3.  Sri  Pramod Kumar Das ( M- 9439863163), a dalit father of Sri Om Prasad Das, a student of Class-III of Sai International School, Patia, Bhubaneswar has filed a complaint on 19.9.15 to OSCPCR that the school authority  is not allowing his children  to attend the school.  His child had taken admission on reserved  category of weaker section  as defined under Right to Education Act. As his child is entitled to get education free of cost in the school,  the  school authority,  since admission has been pressuring him  to pay the fees  and demanding huge money  which is unbearable  on his part to pay it. As he could not make payment,  the authority did  not allow  his children to continue  in the school. His school education has been discontinued since last two months. Realising the nature and gravity of complaint and loss of education of the child, the OSCPR registered the case No. 770/OSCPCR dated 4.11.15 and issued direction to the school authority to immediately admit the   child in the school and comply it by 7.11.15. As reported by the parents, the Child was admitted   in the class by  the school authority.

Critical Comments

1. As the Private Schools are harassing the parents and children by demanding illegal exorbitant price,  it is high time to put pressure on Govt.  to constitute  a Private School Regulatory  Body  to  monitor and regulate  all Private  Schools  operating in Odisha.

2. Child Rights Activists of the state should continue  to monitor the cases of violation of child rights under RTE especially in Private Schools.

Pradip Pradhan, M-9937843482

Date- 13.11.15