Central Information Commission
Mr.Kulwant Singh Baath vs Government Of Nct Of Delhi on 16 September, 2010
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003014/6859Adjunct
Appeal No. CIC/SG/A/2009/003014
Appellant : Mr. S. Kulwant Singh Baath,
Secretary General & In-charge
(East Delhi),
Delhi Sikh Gurdwara Prabandh
Sudhar Action Committee
1, Hari Nagar Ashram,
New Delhi-110014
Respondent : Mrs. H. K. Talwar
Principal & PIO
Guru Harkrishan Public School
West Jyoti Nagar, Shahdara,
Delhi-110094
RTI application filed on : 19/09/2009
PIO replied : 12/10/2009
First Appeal filed on : 26/10/2009
First Appellate Authority order : Not mentioned
Second Appeal Received on : 01/12/2009
Information sought:
Appellant sought following information in respect of above mention school:
1. Appellant sought information in tabular form under column heading S.No., Total No. of students as on 31/08/209, total No. staff as on 31/08/2009, No. of students appeared in Class X in the year 2009, No. of students passed in Class X in the year 2009, No. of students passed in Class XII in the year 2009.
2. Details of Appointments, Promotions & Transfers made from 16/11/2008 till date under given format.
3. Details of family members or relatives of the Present Chairman of the said school or any present member of the DSGM Committee, who were ever appointed by any Guru Harikrishan Public School/DSGMC/ any other Institution and are presently working in any of the GHPS School/DSGMC/ any other Institution, in the given format.
PIO's Reply:
Appellant was informed by the PIO that since the school is an unaided private school, the RTI Act, 2005 is not applicable to the Unaided Private Institutions/Persons.
Grounds for First Appeal:
Irrelevant and contradictory reply.
Order of the First Appellate Authority:
Not enclosed.Page 1 of 6
Grounds for Second Appeal:
Information not provided within time limit. Appeal not heard.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Inder Mohan Singh on behalf of Mr. S. Kulwant Singh Baath; Respondent: Absent;
The School had claimed that it was not public authority under the RTI Act, since it had stated in its reply to the appellant on 12/10/2009 that the school being an unaided Institution was not a public authority. The appellant had in his appeal given his contention as to why the said school was a public authority under Section 2(h) of the RTI Act as follows:
"All the "Guru Harkishan Public Schools" are part and parcel and directly under the control of the Delhi Sikh Gurdwara Management Committee on the following grounds:
(i) That these schools were established by the said committee;
(ii) That the said Committee purchased lad from the Government on Concessional Rates and incurred entire expenditure for purchase of land and construction of buildings for these Schools from its account;
(iii) That the Governing bodies/ managing Committee of these schools are constituted/dissolved by the said Committee form time to time. A copy of order/letter Dt. 09/05/2009 regarding dissolution of the Governing Bodies of all Schools, Hospital & Institutions.
(iv) That the transfers of Principals. Teaching & Non-teaching staff from one School to another is made by the said Committee;
(v) That the Balance Sheets of these schools are clubbed with the Balance Sheets of the said Committee, while seeking Income-Tax exemptions;
(vi) That funds are given by the said Committee to run these Schools in case of any deficit;
(vii) The Land for these schools are allotted by the Government on concessional rates. Income-Tax and House Tax rebate is given to these Schools. Hence, these Schools are directly & indirectly financed by the Government.
(viii) All these Schools are recognized by the Directorate of Education, Govt. of NCT of Delhi and affiliated with the Central Board of Secondary Education, Delhi. Thus, these Schools have to follow the "Delhi School Education Act" and are answerable to the Government
(ix) The Control of the Committee on Guru Harkrishan Public School is further established by the following Orders/letters issued by the said Committee:-
1- Order/letter Dt.14.05.2009 issued by the Chief Administration of the Committee giving directions to all the schools/institutions/hospitals/dispensaries being run by the said Committee while making any appointment, promotion & Special increments. A copy of such letter Dt. 14.5.2009.
2- Order Dt. 15.5.2009 issued by the Chief Administrator of the Committee in which all the confirmations granted to the employees of DSGMC/Schools/Institutions/Hospitals/Dispensaries run under the said Committee prior to completion of one year of service were cancelled. A copy of the said letter Dt.15.5.2009. 3- Office order Dt.19.06.2009 issued by the President of the said Committee in which all appointments, promotions including new posts/ranks, special scale, increment made during 9th Feb., 2007 to 9th May, 2009 made in Guru Harkrishan Public Schools, Kalkaji and Hemkunt Colony Branches in Delhi were cancelled. A copy of the said office order Dt. 19.6.2009.
In view of above, all these Schools being run under the management of the said Committee come under the preview of the Right to Information Act, 2005 and liable to provide information under the said Act."
Page 2 of 6The Commission therefore gave one more opportunity to the School to present its written and oral submission before the Commission as to why it was not a public authority. The Appellant and the School were directed to be present before the Commission on 10 February 2010 at 4.00PM.
Relevant Facts emerged during Hearing held on 10/02/2010:
The following were present:
Appellant: Absent Respondent: Mr. J S Ghuman (Principal) The Respondent states that he had submitted the written submission on 11/01/2010 which was not put on record. The Respondent has brought fresh submissions which have now been taken on record. The Respondents also pointed out that Delhi School Tribunal order had very categorically stated that the Delhi Sikh Gurudwara Prabandhak Committee could have no role to play in the running of this school and that any actions of the DSGPC to control matters in the school were without any authority in law.
The respondent's contentions refuting the grounds of the appellant are as follows:
A) That the respondent Guru Harkrishan Public School, West Jyoti Nagar, Shahdara, Delhi, being unaided minority school is not covered under the provisions of the RTI Act. Appeal of the appellant is liable to be dismissed, for the reasons given below:-
i) a) The Delhi Sikh Gurdwara Management Committee is established under section 3(1) of the Delhi Sikh Gurdwaras Act 1971. The said institution is statutory body and constituted under the said act only to manage the historical Gurdwaras of Delhi and there is no provision of opening of academic institution in the Act. Delhi School Tribunal has identified & recognised this fact in its judgement.
b) Guru Harkrishan Public School Society (New Delhi) Regd. No. 4834 is a society which was formed and got registered under the provision of Society Registration Act 1860, which is applicable to the Union Territory of Delhi, in order to open & manage schools. Copy of the memorandum/ rules & regulations is enclosed herewith as Annexure - A. The Management / Governing Committee of the above said Society is the management committee of the respondent school and Delhi Sikh Gurdwara Management Committee has no role of any kind in the affairs of management of the respondent school and it has been held by they Delhi School Tribunal in its judgement Para 29 of Annexure H. Kindly be seen in this regard. The present list of Executive / Management Committee is enclosed herewith as Annexure - B.
c) The Central Board of Secondary Education has given recognition to the respondent school in the name of school management. (Copy of the recognition for Senior Secondary School is enclosed as Annexure C and recognition given by Directorate of Education for Primary Segment is Annexure D.
d) The recognition of the respondent school has been extended by CBSE on 04/06/2009 vide letter of the even date and same has been addressed to the management of the respondent school. Copy of the extension letter as Annexure G instructing it to constitute School Management Committee as per affiliation bye-laws of CBSE only.
ii) False statement - Not supported by any document. School building does not stand on land purchased from government. The question of concession rate does not arise.
iii) The Management / Governing Committee of the above said Society is the management committee of the respondent school and Delhi Sikh Gurdwara Management Committee has no role of any kind in the affairs of management of the respondent school and it has been held by the Delhi School Tribunal in its judgement Para 29 of Annexure H. Kindly be seen in this regard. The present list of Executive / Management Committee is enclosed herewith as Annexure - B. The members of managing committee has to be as per the managing scheme approved by the Directorate of Education, N.C.T., Delhi and affiliation bye-laws of CBSE. In the above management, two members are nominated by CBSE and two members by Delhi Sikh Gurdwara Management Committee. Both the above and Directorate of Education Delhi pass the directions and necessary instructions to the respondent school management and that are followed, but the same cannot be construed / interpreted as bypassing the school management society which is supreme body that governs the whole management, administrative, financial and other affairs of the respondent school.Page 3 of 6
iv) The transfer of principals, teaching and non teaching staff from one school to another school is facilitated by Delhi Sikh Gurdwara Management Committee on mutual concent of concerned employee.
Some employees had objection to their transfer orders and approached Hon'ble High Court for relief. The case is subjudiced.
v) False statement. No documentary support for the statement. The school is filing its own Income Tax Return since its inception in its own name directly with the Income Tax Authority. Copy of the PAN, Income Tax Return and assessment order after scrutiny are enclosed herewith as Annexures E & F respectively.
vi) From perusal of the Income Tax Return it is clear that the respondent school management is not getting any aid from the Delhi Sikh Gurdwara Management Committee. However initially a loan was taken by the school management from Delhi Sikh Gurdwara Management Committee.
vii) The respondent school management has not established school on land allotted by DDA or any other Government agency. Therefore no question of direct or indirect financial aid for school from any Government agency on this account. The compulsory admission to the extent of 20% to the students from Economically Weaker Section is not applicable to our school. School management is depositing House Tax and Income Tax regularly on normal rates and never been a defaulter.
viii) The respondent school is an unaided minority school. It is recognised by the Directorate of Education, Govt. of N.C.T., Delhi and affiliated with the Central Board of Secondary Education, Delhi. It is following only those rules given in affiliation Bye-Laws of CBSE and Delhi School Education Act and Rules applicable to unaided minority school. Sufficient liberty is given to unaided schools. Following guidelines does not mean complete control over the school. Management Committee is the sole authority on administrative, financial and others affairs of the school.
ix) 1&2) The termination orders dated 15/07/2009 passed by Delhi Sikh Gurdwara Management Committee relating to employees of Guru Harkrishan Public School namely Kamini Chauhan, Rakesh Rikhy, Supreet Kaur, Gagandeep Kochhar, Prashant Saxena were challenged by said employees before Delhi School Tribunal Delhi in appeal no. 31 to 35/2009 and the said tribunal vide orders dated 01/12/2009 has pleased to pass detailed order holding that Delhi Sikh Gurdwara Management Committee has no authority to pass termination orders against the said employees and the said orders dated 15/07/2009 were declared unsustainable in the eyes of law. There is no doubt that a duly constituted managing committee has right to manage and run affairs of the respondent school as per applicable provisions of law. The order / letter dated 14/05/2009 and order dated 15/05/2009 are unsustainable in the eyes of law. Copy of the judgement of Delhi School tribunal is enclosed herewith as Annexure H (Para 23, 29 and 33) and view of the respondent school has been upheld and confirmed by the Delhi School Tribunal also in the judgement.
3) Action taken by the managing committee of Guru Harkrishan Public School, Kalka Ji and Hemkunt Colony branch in Delhi in response to office order dated 19/06/2009 issued by the President of Delhi Sikh Gurdwara Prabandhak Committee has no relevance or implication on working of managing committee of respondent school.
As per the submission based on the submissions of the respondent, it appears that Delhi Sikh Gurdwara Prabandhak Committee (DSGPC) does not exercise any significant control over the school, since it is managed by a Managing Committee in which only two of the Twentyone members are nominated by DSGPC. However DSGPC does not provide any funds for running the schools. The respondent has given enough evidence to show that DSGPC does not have any significant control over the school, and order of the Delhi School Tribunal of 1/12/2009 has clearly detailed how DSGPC cannot exercise any control over the school. The school has been established by the 'Governing body of Guru Harkishan Public School' which is a registered Society.
As per the MOA of the Society the Managing Committee is to consist of 21 members all of whom are to be nominated by DSGPC, and atleast 9 will be members of the Gurdwara Prabhandak Committee.
The order was reserved during hearing.
Page 4 of 6Decision announced on 16 February 2010:
"The Commission perused the Memorandum of Association and Rules and Regulations of Governing Body of Guru Harkrishan Public School.
These state at Section 4(a), "All affairs of the Society will be carried on by the Governing Body to be nominated by the Gurdwara Prabandhak Committee, Delhi State. Total membership of the Society will not be more than 19 member whom at least 9 will be from out of the members of the Gurdwara Prabandhak Committee, Delhi State. The Principal of the Guru Harkrishan Public School, New Delhi shall be an ex-officio member of the Society. The normal tenure of the members of the Society shall be three years except the ex-officio members. Any vacancy arising on the society will be filled by the Gurdwara Prabandhak Committee, Delhi State by nomination."
Section- 8 states, "The Board shall be nominated by the Gurdwara Prabandhak Committee, Delhi. It shall consist of 19 members of whom at least 9 will be from out of the members of the Gurudwara Prabandhak Committee, Delhi State. The Principal of the school shall be an ex-officio member of the Board. The Board will elect its own office bearers namely Chairman, Vice-Chairman."
Thus the complete Board is nominated by the Gurudwara Prabhandak Committee and at least 9 members are members of the Gurudwara Prabhandak Committee, New Delhi. Thus it is clear that the Gurudwara Prabhandak Committee has complete and pervasive control over the affairs of Guru Harkrishan Public School. In view of this the Guru Harkrishan Public School is effectively a mere extension of the Gurudwara Prabhandak Committee and would have to provide information under the RTI Act. Hence the information would have to be provided. Since the school is at a separate location from the Delhi Sikh Gurudwara Prabandhak Committee the school must have a PIO as per the provisions of Section 5(1) of the RTI Act. The school is directed to appoint a PIO before 28 February 2010."
The Appeal was allowed.
"The PIO of the Guru Harkrishan Public School is directed to provide the Complete information to the Appellant before 10 March 2010."
Facts leading to show cause hearing on 16/09/2010:
The Commission received a letter dated 03/08/2010 from the Appellant wherein he had alleged that he had not been provided complete information till date. The PIO was directed to provide complete and correct information to the Appellant before 08/09/2010. A copy of the same information was to be delivered to undersigned by 15/09/2010. The PIO was further directed to appear before the Commission at the above mentioned address on 16/09/2010 at 4.00 p.m. along with written explanation to show cause why a penalty should not be imposed on him under section 20 (1) and (2) of the RTI Act, 2005.
Relevant Facts emerged during the Hearing on 16 September 2010:
The following were present Respondent: Mr. Satpal Singh, OS on behalf of Mrs. H. K. Talwar, PIO & Principal; Mr. Pramajit Singh, Advocate;
The respondent states that the PIO has been appointed and the desired information has been sent to the appellant vide speed post receipt no. ED058710865IN on 06/09/2010. It appears that the information has now been provided. Since the public authority had obtain the stay from the Delhi High Court against the Commission decision declaring them the public authority they have not provided information as per the order of the Commission. Now that the matter is settled the public authority is following the provision of the RTI Act. In view of this the Commission drops the penalty proceedings under Section 20(1) of the RTI Act.
The Commission directs the public authority to also ensure that the requirements of Section-4 are duly complied with before 30 October 2010.Page 5 of 6
Adjunct Decision:
Delhi Sikh Gurudwara Management Committee is directed to ensure compliance of Section-4 of the RTI Act before 30 October 2010.
The PIO is directed to email the report before 30 October 2010 along with the url address where the information has been uploaded to [email protected]. The Report must include:
1. Measures taken to fulfill disclosure obligations under Section 4 including making information available on your official website.
2. Measures put in place to ensure regular updating of the information uploaded on the websites.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 16 September 2010 (In any correspondence on this decision, mention the complete decision number.)Rnj Page 6 of 6