Central Information Commission
Mrvishalpandey vs Directorate Of Education, Gnct, Delhi on 8 August, 2015
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/A/2015/901076
Vishal Pandey Vs. Dte of Education(South East)GNCTD
Important Dates and time taken:
PIO reply: 522015 First Appeal: 922015 Second appeal: 372015
Show cause issued Hearing:04082015 Decision: 08082015
Parties Present:
The appellant is present. The Public Authority is not present.
Facts:
2. The Appellant by his RTI application dated 12.02.2015 had sought information regarding the response of PIO in relation to his RTI dated 08.01.2015, which pertained to failing of his son in class VII by Frank Anthony Public School during the academic year 20132014. He wanted to know whether 10 months are required for issue of notice to accused school in cases relating to failing of children by school when academic year is even less than 12 months, if 10 months are required just to issue notice to accused school then what is the expected time period to resolve the grievance of complainant in the cases where school fails the children in violation of Right to Education Act etc. Having received no response from the PIO and on first appeal, the appellant filed second appeal before the Commission. DECISION:
CIC/SA/A/2015/901076 Page 1
3. The appellant made his submissions. The Public Authority is not represented by any officer. The appellant submitted that his son Himanshu Pandey was not promoted to 8 th Class for the academic year 201415, by Frank Anthony School (a minority school) in violation of the rules laid down in the RTE Act, which states that no child shall be detained in any class upto ClassVIII. He had made the complaint to the respondent/Directorate of Education in May, 2014 itself, that is, at the beginning of the academic year, for acting immediately on the school concerned and ordering the school to promote his son during the very academic year 201415 in compliance with the provisions of RTE Act. But the respondent/Directorate of Education did not take any quick action until 10 months, and after almost at the end of the academic year, it had issued notice to the school seeking explanation. With the result, the purpose of complaint was lost and his son had to lose one academic year. Presently, he had already shifted his son from the said school. He therefore sought information on the reasons for the delay in sending instructions to the school to promote his son to 8 th class as per the RTE Act and what explanation they can offer for the loss of one academic year to his son. He had further submitted that he had filed one RTI application on 812015 for which there was no response. He had filed another RTI application on 1222015 and upon no response, he had filed First appeal on 942015. He had not received any response from the respondent authority.
4. Having heard the submissions and perused the record, the Commission holds that the respondent authority had not implemented the provisions of the RTE Act in the case of the appellant's son. As conveyed by the appellant, that as per the communication received from the MHRD, the provisions of RTE Act and the ban of corporal punishment are equally applicable in the case of minority schools also. The Commission, therefore, issues show cause notice to the PIO/DDE(South East) and the HOS/Frank Anthony School to explain why maximum penalty should not be imposed on them for denying the information and why compensation should not be granted to the appellant for the loss of one academic year suffered by the appellant's son. Their explanation should reach the Commission within 21 CIC/SA/A/2015/901076 Page 2 days from the date of receipt of this order. The case is posted to 992015 at 2.30 PM. Adjourned.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar.
Address of the parties :
1. The PIO under RTI Act, Govt. of Delhi Directorate of Education (South East), CBlock, Defence Colny, New Delhi110024
2. Shri Vishall Pandey 1543Kucha Kacha Bagh, S.P.Mukherjee Marg Behind Fire Station, Delhi110006
3. The deemed PIO under RTI Act/Head of the School Principal, Frank Anthony Public School Lajpat NagarIV, Delhi110024 CIC/SA/A/2015/901076 Page 3 CIC/SA/A/2015/901076 Page 4