Central Information Commission
Mr. O. Abdul Hameed vs Central Board Of Secondary Education on 1 April, 2009
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2009/000038/2560
Appeal No. CIC/SG/A/2009/000038
Relevant Facts emerging from the Appeal:
Appellant : Mr. O. Abdul Hameed,
No.302 GRC Arun Apartment
Near Chettinad Container Depot/TNEB
local Office Tudiyalur, Mettuppalayam
Road, Coimbatore - 641 034.
Respondent : Mrs. Rama Sharma,
PRO & PIO, Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110092.
RTI application filed on : 28/09/2008 PIO replied : 28/09/2008 First Appeal filed on : 22/11/2008 First Appellate Authority order : 24/12/2008 Second Appeal filed on : 27/12/2008
The Appellant had asked in his RTI application for duly attested by the PIO of CBSE in respect of this disaffiliation and subsequent affiliation. Reasons for disaffiliation of the school in the year 2002.
S. No. Information Sought. The PIO replied.
1. It is reported that the above referred School 1. Non-fulfillment of conditions of namely Hill top Public School Affiliation affiliation including non-payment No. 930068, Pluthiara, Calicut was of prescribed pay scale, disaffiliated in the year 2002 for various inadequate infrastructure, irregularities. I seek information duly collection of building fund, attested by the PIO of CBSE in respect of transfer of school income to trust this disaffiliation and subsequent account etc. affiliation. 2. Copy of notice dated 16/07/2001
1. Reasons for disaffiliation of the school provided to the appellant.
in the year 2002. 3. Copy of orders of disaffiliation
2. Copy of inspection report or other dated 25.06.2002 had been report or information based on which provided to the appellant. the disaffiliation was ordered by CBSE. 4. On the basis of compliance
3. Copy of the order of disaffiliation. submitted by the school and
4. Copy of subsequent affiliation or verified by a committee, most of revocation of disaffiliation and period the deficiencies have been of such affiliation and whether it is removed by the school. Copy of provisional or permanent. inspection report of the school
5. Whether all irregularities, omission or cannot be provided by an shortcomings for which the school was exempted information under disaffiliation in the year 2002 has been section 8 (1) (e) and (g) of RTI fulfilled and complied to the Act, 2005.
satisfaction of the rule of disaffiliation, 5. information provided at Sl. No. 1 and if so the copy of inspection report (b) and (c) above may be referred or other information duly verified by to.
CBSE based on which CBSE is satisfied with the fulfillment of condition for affiliation and order of continuation of affiliation was issued.
6. Copies of all file notes of the above subject 1 (a) to 1 (e) in the office of the concerned officer of CBSE.
2. As per letter number Information provided at Sl. No. 1 (a) CBSE/AFF/930068/2008/776/2010 dated above may be referred. It may also be 1/3 September, 2008 address to this noted that removal of deficiencies by an applicant, it was reported under item 16 institution is a continuous process. that as per records submitted by the school to the Board the institution was fulfilling the minimum norms at the time of affiliation and under item 6 of the same reply, it is stated that "school was once disaffiliated in the year 2002 for various irregularities" please let me know, the extend of furnished by the school and its management giving false and incorrect information and getting affiliation along with copies of orders and file notes on such action and remedial measure taken by the school.
The First Appellate Authority ordered:
"The PIO of the Board has already supplied the information sought by the applicant to the extent available with the Board through the communication No. CBSE/AFF/930068/926/2008/3012 dated 10.11.2008. The appellant now, instead of seeking information under RTI Act has registered a complaint/grievance against grant of affiliation to the school by the CBSE, since removal of grievance on the basis of information already supplied under RTI Act is not in the ambit of the Act, no further action is required in the matter on the side of the PIO."
Relevant Facts emerging during Hearing:
The following were present Appellant : Absent Respondent : Absent Most of the information has been provided to the appellant. The denial of copy of the inspection report under Section 8 (1) (e) & (g) has not been justified and is therefore bad in law.
Decision:
The appeal is allowed.
The PIO will send a copy of the inspection report to the appellant before 15 April 2009.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner April 1, 2009 (In any correspondence on this decision, mentioned the complete decision number.)