Central Information Commission
Steeve Gaikwad vs Central Board Of Secondary Education on 21 June, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/CBSED/A/2023/112913 +
CIC/CBSED/A/2023/109372
Steeve Gaikwad ... अपीलकता /Appellant
VERSUS
बनाम
CPIO:
Central Board Of Secondary
Education, Delhi ... ितवादीगण/Respondent
Relevant dates emerging from the appeals:
Sl. No. Second Date of Date of Date of Date of Date of
Appeal RTI CPIO's First FAA's Second
No. Application Reply Appeal Order Appeal
1 112913 02.08.2022 01.09.2022 29.09.2022 16.12.2022 20.03.2023
2 109372 04.08.2022 15.09.2022 17.10.2022 28.11.2022 24.02.2023
The instant set of appeals have been clubbed for decision as these relate to the same
subject matter.
Date of Hearing: 18.06.2024
Date of Decision: 20.06.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
Page 1 of 13
Second Appeal No.: CIC/CBSED/A/2023/112913
1. The Appellant filed an RTI application dated 02.08.2022 seeking information on the following points:
I had complaint on 22-07-2022 about DELHI PUBLIC SCHOOL AGRA is running in two wings, one is at E 1-2, Block- F Shastripuram Agra Pin Code-282007 (affiliation no 2130568), and the other at School Colony, Pohiya Ghat Road, Dayalbagh Agra, Pin Code 282005 (not affiliated), which is not affiliated to the CBSE. The wing in Dayalbagh Pohiya Ghat is called the Foundation Campus and is not officially registered. I had provided documentary evidences with this regards. However, the second wing is running since 2002 against the norms of the CBSE which is a clear violation of CBSE affiliation by-laws Chapter 12. On the basis of my complaint I file this RTI. My RTI questions are:-
(i) Kindly provide certified copies of notices/show cause notices served to DELHI PUBLIC SCHOOL AGRA E l-2, Block- F Shastripuram Agra Pin Code-282007 ad DPS School Colony Pohiya Ghat Road Dayalbagh Agra, Pin Code- 282005, running two wings without affiliation at different location?
(ii) Kindly provide certified documents of CBSE actions, under chapter 12 CBSE affiliation by-laws, on my complaint of DELHI PUBLIC SCHOOL AGRA, running in two wings without affiliation (one at School Colony, Pohiya Ghat Road Dayalbagh Agra Pin Code- 282005 & another at Block- P Shastripuram Agra Pin Code- 282007).
1.1. The CPIO replied vide letter dated 01.09.2022 and the same is reproduced as under:-
"इस संबंध म ुत है िक संब ता शाखा के िशकायत को ारा अवगत कराया गया है िक आपके ारा की गई िशकायत िदनां क 21.07.2022 रा*+ीय मा,िमक िश-ा अिभयान Page 2 of 13 को ईमेल ारा िदनां क 22.07.2022 एवं अनु1ारक 30.08.2022 को भेज िदया है छाया ित संल6 है । अ8 जानकारी उपल: नहीं है ।"
1.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.09.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 16.12.2022 observed as under:
"On perusal of the appeal submitted, you are informed that in respect of RTI, the letter dated 01.09.2022 communicated by the PIO is found to be in true spirit of the RTI Act 2005 and the same is validated on record Apart from this, you are informed that the Complaint Cell, Affiliation Branch has been informed that no response has been received by the concerned Department on the complaint made by you on 22- 07-2022. Therefore, a reminder was sent to the concerned Department and school DPS Agra Uttar Pradesh (Affiliation No. 2130568) for taking appropriate action on 23-11.2022, in response to which the school replied through email dated 29-11.2022 (copy attached). In addition to this, your other matter is under process in the Affiliation Branch. No other information available."
1.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 20.03.2023.
Second Appeal No.: CIC/CBSED/A/2023/109372
2. The Appellant filed an RTI application dated 04.08.2022 seeking information on the following points:
I had complaint on 22-07-2022 about DELHI PUBLIC SCHOOL AGRA is running in two wings, one is at E 1-2, Block- F Shastripuram Agra Pin Code-282007 (affiliation no 2130568), and the other at School Colony, Pohiya Ghat Road, Dayalbagh Agra, Pin Code 282005 (not affiliated), which is not affiliated to the CBSE. The second wing is running since 2002 against the norms of the CBSE which Page 3 of 13 is a clear violation of CBSE affiliation by-laws Chapter 12. On the basis of my complaint I file this RTI. My RTI questions are:-
(i) As per the rule book of the CBSE office, how much time, my application I complaint dated 22-07-2022, will take to process. Have you followed the CBSE rule to process my application.
(ii) Kindly tell me the officer's name and designation who has to process my application regarding running two schools in different locations from 2002 to 2022 without affiliation.
(iii) How much time, it will take to action against the schools as per CBSE affiliation Bye-laws Chapter 12, for running two wings in different locations without taking affiliation to run second wing at Pohiya Ghat Pincode 282005 and told the lie in self-certified document of Annexure III, given for the extension of affiliation of DPS Shastripuram affiliation no 2130568?
(iv) What actions will be taken against CBSE official who ignored my complaint and not takes any action against the non-affiliated school DPS at Shastripuram pin code 282007 affiliation no 2130568 and DPS at Pohiya ghat pin code 282005 2.1. The CPIO replied vide letter dated 15.09.2022 and the same is reproduced as under:-
"The matter has been looked into and the desired information will be provided in due course of time on availability basis under RTI Act, 2005."
2.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.10.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 28.11.2022 observed as under:
"On perusal of the appeal submitted, you are informed that in respect of your RTI, concerned desk has informed that your complaint, which is against DPS Agra, Uttar Pradesh (Affiliation No. 2130568), is still under process. Hence, the RTI Cell is unable to provide any information at this stage."Page 4 of 13
2.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 24.02.2023.
Hearing Proceedings & Decision
3. The appellant along with Mr. George Thomas and on behalf of the respondent Mr. Pankaj Kshettry, Under Secretary attended the hearing in person.
4. The appellant inter alia submitted that in file no. CIC/CBSED/A/2023/112913, he had sought copy of notice/show cause notice served to Delhi Public School Agra and certified copies of CBSE actions taken on his complaint. He further submitted that the reply furnished by the CPIO was not in accordance with the information sought in the RTI application. He stated that the DPS, Agra is running two wings at separate location in Agra. It is pertinent to mention here that the school situated at Pohiya Ghat road, Dayalbagh, Agra was running without affiliation from the CBSE and not officially registered since 2002, which was a clear violation of CBSE affiliation by-laws chapter 12. He requested the Commission to direct the respondent to provide the information, as sought. A relevant para of the written submission of the appellant is reproduced as under:-
With due respect I would like to bring to your kind notice that my RTI letter dated 02-08-2022 is based on the complaint dated 22-07-2022 mailed to CBSE Chairperson, Secretary CBSE, PRO Rama Sharma and the Legal Cell of CBSE. It is about DELHI PUBLIC SCHOOL AGRA, running in two wings, one is at E 1-2, Block- F Shastripuram Agra Pin Code-282007 (affiliation no 2130568), and the other at School Colony, Pohiya Ghat Road, Dayalbagh Agra, Pin Code- 282005(not affiliated ), which is not affiliated to the CBSE. The second wing is running since 2002 against the norms of the CBSE, which is a clear violation of CBSE affiliation by-laws Chapter 12.
Kindly refer to page no 23 of Second Appeal where CBSE affiliation bye-laws chapter 12 lay out SOP for the penalty i.e written warning, imposing fine up to 5 lakh, restricting number of sections in the school, debarring the school , withdrawal of affiliation etc. Page 5 of 13 Kindly refer to page no 24 of Second Appeal where CBSE affiliation bye-laws chapter 13 laid out the procedure for imposition of penalties i.e seek report from school, seek reports from other authorities , surprise inspection etc. However CBSE officials failed to provide Justice and was unable to take necessary action against the non-affiliated school i.e "Delhi Public School Colony Pohiya Ghat Road Dayalbagh Agra Pin Code-282005".
5. The respondent while defending their case inter alia submitted that a response to the RTI application had already been furnished to the appellant vide their letter dated 01.09.2022. Moreover, the school concerned had also provided a point-wise reply to the appellant directly. He stated that the FAA vide its order, informed the appellant that the complaint matter was under process in affiliation branch, hence, no proper reply could be provided at this stage. However, an additional reply has also been furnished to the appellant wherein, it was stated that after final disposal of the complaint, information sought will be provided to the appellant. A relevant para of the written submission of the respondent is reproduced as under:-
1. For the disposal of a complaint and taking action against any such school concerned on the grounds of violation of cases mentioned under Chapter 12 clause 12.2 of Affiliation Bye-Laws, CBSE has an established procedure as per Chapter 13 of the Bye-Laws where due correspondence, comments, reports from concerned quarters and other authorities are necessary for arriving at an appropriate decision as per the norms of the Board. The procedure may also involve conduct of inspection and any other action that may deem fit to verify the facts, if required.
Affiliation Bye-Laws can be referred on the CBSE
website https://saras.cbse.gov.in/saras/ or at the given
link: https://saras.cbse.gov.in/saras/Home/Information
2. Nevertheless, once the grievance/complaint is appropriately addressed as per norms & procedure, an official reply is invariably issued to the aggrieved by the dealing Section.
Page 6 of 133. The information to the appellant was never denied or delayed by the then CPIO and First Appellate Authority, respectively. RTI Request was registered on 05.08.2022 and disposed on 01.09.2022. Whereas the First Appeal was registered on 16.11.2022 and disposed on 16.12.2022
4. Besides, the appellant is also informed that RTI Act is not the proper law for the redressal of grievance/complaint. Since the appellant had already filed his grievance/complaint through email against Delhi Public School; E-2, Phase F. Shastri Puram, Agra, Uttar Pradesh-282007 (CBSE Affiliation No. 2130568), the same is already being analyzed and dealt in accordance with the above cited established norms and procedure of Affiliation Bye Laws of the Board.
5. However, as per the latest available status of the grievance/complaint filed by the appellant, the matter has been placed before the Competent Authority of the Board with all the facts of the case and is pending for further orders/decision.
6. Once the process is completed as per norms, an official reply shall be issued to the aggrieved/complainant by the dealing Section.
7. However, as on date, no further information is available in this regard, as it is not feasible and appropriate to deduce/draw any conclusion from the on-going proceedings."
6. For file no. CIC/CBSED/A/2023/109372, the appellant submitted that he had sought as to how much time will it take to process his complaint dated 22.07.2022. He stated that an improper reply was furnished by the CPIO which could not fulfill his purpose. He requested the Commission to direct the respondent to provide the information, as sought. A relevant para of the written submission of the appellant is reproduced as under:-
"Kindly refer to page no 17 of Second Appeal where CBSE affiliation bye-laws chapter 2 talks about composite affiliation. It is mandatory for the school to run all classes starting from the class and up to the level for which affiliation has been Page 7 of 13 granted. Delhi Public School's extension letters no CBSE/AFF /2130568 /EX- 02218 -1920/2019-20/ provided by the CBSE is for Shashtripuram Unit, however they are running an unauthorised unit at DayalBagh. The composite affiliation is up to 1 to XII, however classes for Student nursery to II are held in Dayalbagh Campus which is about 12 to 15 km away, contrary to affiliation bye-laws.
1. CBSE officials did not provide any information related to RTI and provided the Extension of Application to DPS 1-04-2024 to 31-03-2029. There is gross violation of RTI and doing the work against the provision of bye-laws and helping and hiding corruption. It is against the RTI main motto of transparency and accountability.
2. CBSE bye-laws Appendix II filed by the school while taking affiliation Para 14 and Para 15 talks about single contiguous plot of land bounded on all sides by a pucca Boundary wall)
3. CBSE bye-laws Appendix III filed by the school while taking extension of the affiliation Para 12 and Para 13 talks about single contiguous plot of land bounded on all sides by a pucca Boundary wall
4. CBSE letter no CBSE/AFF/2130568/EX-02218-1920/2019-20/ Para 16 to 19 clearly states about the responsibility of manager/Principal, reply of show cause notice, genuineness of information /documents /data submitted by the school, if found otherwise the school shall invite action against the school as per clause 12 of affiliation bye-laws. However, CBSE officials failed to provide Justice and were unable to take necessary action against the non-affiliated school i.e. "Delhi Public School Colony Pohiya Ghat Road Dayalbagh Agra Pin Code-282005".
7. The respondent while defending their case inter alia submitted that a response to the RTI application had already been furnished to the appellant vide their letter dated 15.09.2022. A relevant para of the written submission of the respondent is reproduced as under:-
1. For the disposal of a complaint and taking action against any such school concerned on grounds violation of cases mentioned under Chapter 12 clause 12.2 Page 8 of 13 of Affiliation Bye-Laws, CBSE has an established procedure as per Chapter 13 of the Bye-Laws where due correspondence, comments, reports from concerned quarters and other authorities are necessary for arriving at an appropriate decision as per the norms of the Board. The procedure may also involve conduct of inspection and any other action that may deem fit to verify the facts, if required.
Affiliation Bye-Laws can https://saras.cbse.gov.in/saras/ be referred or https://saras.cbse.gov.in/saras/Home/information on the CBSE given website link: at
2. Nevertheless, once the grievance/complaint is appropriately addressed as per norms & procedure, an official reply is invariably issued to the aggrieved by the dealing Section.
3. The information to the appellant was never denied or delayed by the then CPIO and First Appellate Authority, respectively RTI Request was registered on 16.08.2022 and disposed on 15.09.2022. Whereas, the First Appeal was registered on 28.10.2022 and disposed on 28.11.2022.
4. Besides, the appellant is also informed that RTI Act is not the proper law for the redressal of grievance/complaint. Since the appellant had already filed his grievance/complaint through email against Delhi Public School; E-2, Phase F. Shastri Puram, Agra, Uttar Pradesh-282007 (CBSE Affiliation No. 2130568), the same is being analyzed and dealt in accordance with the above cited established norms and procedure of Affiliation Bye Laws of the Board.
5. However, as per the latest available status of the grievance/complaint filed by the appellant, the matter is placed before the Competent Authority of the Board with all the facts of the case, and is pending for further orders/decision.
6. However, as on date, no further Information is available in this regard, as it is not feasible & appropriate to deduce/draw any conclusion from the on-going proceedings.
Page 9 of 137.Besides, it is also worth mentioning that in reply to another RTI Request filed by the appellant vide Regn. No. CBSED/R/P/22/00732 dt. 05.08.2022 and Appeal Regn. No. CBSED/A/P/22/00141 dt. 16.11.2022, the appellant had already been provided with a copy of the email reply received from the concerned School on 27.09.2022 (copy enclosed) in compliance to this office email dt. 15.09.2022.
Point 2 of RTI The information sought falls under the expression 'personal information', the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of that individual. Hence, the desired information cannot be disclosed u/s 8 (1) (j) of the RTI Act 2005.
Point 4 of RTI The RTI provides citizens with the mechanism to access information in the form it is available in the records of the public authority and not to seek explanation in guise of information. Such interrogative explanation does not fall within the definition of Information as per Section 2 (f) of the RTI Act 2005. Nevertheless, it is reiterated that the complaint of the appellant has already been taken up for further necessary action and is also being analyzed and dealt in accordance with the established norms and procedure as per Affiliation Bye-Laws of the Board.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that in file no. CIC/CBSED/A/2023/112913, the CPIO did not invoke any exemption clause prescribed under the provisions of the RTI Act, while refusing the information sought. Therefore, the Commission directs the respondent to provide a revised point-wise reply to the appellant, specifying the correct exemptions clauses or sub-clauses as enumerated under section 8 and 9 of the RTI Act, wherever applicable, within 15 days from the date of the receipt of this order, under intimation to the Commission. The Commission further directs the CPIO to provide the Page 10 of 13 information sought to the appellant after final disposal of the complaint in question. With this observation and direction, the appeal is disposed of.
9. For file no. CIC/CBSED/A/2023/109372, the Commission observes that the information sought on points no. 1,3 and 4 of the RTI application relate to seeking some clarifications and opinion from the CPIO which may not fall within the definition of "information" as defined under section 2 (f) of the RTI Act. In this regard, the attention of the appellant is drawn towards a judgment of the Hon'ble Supreme Court in Central Board of Secondary Education &Anr. vs. Aditya Bandopadhyay & Ors [Civil Appeal No.6454 of 2011] date of judgment 09.08.2011 wherein following observations were made:
"....A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide 'advice' or 'opinion' to an applicant, nor required to obtain and furnish any 'opinion' or 'advice' to an applicant. The reference to 'opinion' or 'advice' in the definition of 'information' in section 2(f) of the Act, only refers to such material available in the records of the public authority......."
10. Further, The Commission notes that the appellant has sought on points no. 2 of the RTI application for the personal information of a third party, which stands exempted from disclosure under Section 8(1)(j) of the RTI Act. In this regard, the attention of the parties is drawn towards a judgment of the Hon'ble Supreme Court in the matter of Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010 wherein the import of "personal information" envisaged under Section 8(1)(j) of RTI Act has been exemplified in the context of earlier ratios laid down by the same Court in the matter(s) of Canara Bank Vs. C.S. Shyam in Civil Appeal No.22 of 2009; Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors., (2013) 1 SCC 212 and R.K. Jain vs. Union of India & amp; Anr., (2013) 14 SCC 794. The following was thus held:
Page 11 of 13"59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive..."
11. In view of the above-mentioned observations, the Commission finds no scope of intervention in the matter. With this observation, the appeal is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 20.06.2024
Authenticated true copy
Col S S Chhikara (Retd) (कन ल एस एस िछकारा ( रटायड ))
Dy. Registrar (उप पंजीयक)
011-26180514
Page 12 of 13
Addresses of the parties:
1. The CPIO
Central Board Of Secondary Education,
Shiksha Kendra, 2, Community Centre,
Preet Vihar, Delhi-110092
2. Steeve Gaikwad
Page 13 of 13
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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