Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 8, Cited by 0]

Central Information Commission

Anil Swarup vs Central Board Of Secondary Education on 24 April, 2026

                             के    य सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मु नरका
                        Baba Gangnath Marg, Munirka
                        नई द ल , New Delhi - 110067

File No: CIC/CBSED/A/2025/610181

ANIL SWARUP                                            .....अपीलकता/Appellant

                                        VERSUS
                                         बनाम


The CPIO
CENTRAL BOARD OF SECONDARY EDUCATION,
RTI CELL, INTEGRATED OFFICE COMPLEX,
SECTOR - 23, PHASE-I, DWARKA,
NEW DELHI - 110077                   .... तवाद गण /Respondent

Date of Hearing                     :    20.04.2026
Date of Decision                    :    20.04.2026

INFORMATION COMMISSIONER :               Sudha Rani Relangi

Relevant facts emerging from appeal:

RTI application filed on            :    07.11.2024
CPIO replied on                     :    12.12.2024
First appeal filed on               :    26.12.2024
First Appellate Authority's order   :    NA
2nd Appeal dated                    :    28.02.2025

Information sought

:

1. The Appellant filed an RTI application dated 07.11.2024 seeking the following information:
"कृपया प स०- मा यता/2908/2024-25 दनांक 05.11.2024 का संदभ कर। िजसम उ ले खत है क माउं ट ल ा जी कूल, गांधी कॉलोनी, मुज फरनगर को क ा नसर से Page 1 of 12 लेकर 8वीं तक के सचालन हेतू मा यता ीराम एजुके नल एंड चै रटे बल सोसाइट 85 साउथ भोपा रोड, मुज फरनगर को द गई थी न क ीराम एजुके नल एंड चै रटे बल ट को। आपने जो 9वीं. 10वीं, 11वीं, 12वीं को संचा लत करने हेतू अनुबंध दनांक- 21.11.2017 को कया था वह ीराम एजुके लन एंड चै रटे बल ट से कया था न क ीराम एजुके नल एवं चै रटे बल सोसाइट के साथ।
जनसूचना का अ धकार अ ध नयम 2005 के अंतगत न ल खत सूचना दे ने का क ट करे -
1- जब क ा नसर से लेकर 8वीं तक के संचालन हेतू मा यता को अनुम त ीराम एजुके लन एंड चै रटे बल सोसाइट ज को रा य सरकार ने दान क थी जो क उपरो त प से प ट है तो ऐसी ि थ त म जो अनुबंध दनांक 21.11.2017 को ीराम एजुके नल एंड चै रटे बल ट के साथ हुआ था वह रा य सरकार के िजस द तावेज के आधार पर कया गया था उसक त ल प े षत करने का क ट कर।
2- य द रा य सरकार ने कसी भ न सं था को ( ी राम एजुकेशन एंड चे रटे बल सोसाइट ) को क ा नसर से लेकर 8 वीं तक संचा लत करने के लए माउं ट ल ा जी कूल, गांधी कॉलोनी, मुज फरनगर को अ धकृत कया तथा सीबीएसई द ल के कसी और भ न सं था ( ीराम एजुके नल एंड चै रटे बल ट) को 9वीं, 10वीं, 11वीं, 12वीं को संचा लत करने हेतू अनुम त दान क है तो वह िजस नयम के अंतगत दान क गई है उससे ाथ को अवगत कराने का क ट कर।
3- सीबीएसई द ल वारा य द कोई अ य कूल को मा यता द गई है िजसम रा य सरकार न 1 से लेकर 8वीं तक का संचालन करने हेतू भ न सं था को अनुम त द है और सीबीएसई बोड वारा कसी और भ न सं था को 9वीं, 10वी, 11वीं 12वीं को संचा लत करने हेतू मा यता द गई हो तो ऐसे व यालय क सू च दान करने का क ट कर।"

2. The CPIO furnished a reply to the Appellant on 12.12.2024 stating as under:

"Reply of point 1- The applicant is informed that justification/grounds and interpretation of information do not fall within the definition of Information as per Section 2 (f) of the RTI Act 2005.
The CPIO/PIO is not supposed to assume or create information or be required to interpret information and/or provide clarification in respect of the actions of the public authority.
Reply of point 2 and 3- The desired information is not compiled/available in this office."
Page 2 of 12

3. Aggrieved by the decision of the CPIO, the Appellant filed a First Appeal dated 26.12.2024. The FAA order is not on record.

4. Aggrieved by the non-disposal of First Appeal, Appellant is before the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-
Appellant: Shri Anil Swarup present through video conference. Respondent: Shri Pankaj Kshettery, US/CPIO present in person.

5. Written statement of the CPIO is taken on record.

6. Appellant while narrating the factual background of the matter stated that in a letter No. Recognition/2908/2024-25 dated 05.11.2024 related to the recognition received from CBSE, it has been mentioned that the recognition for running classes Nursery to 8th standard for Mount Litera Zee School, Gandhi Colony, Muzaffarnagar was given to Shri Ram Educational and Charitable Society, 85 South Bhopa Road, Muzaffarnagar and not to Shri Ram Educational and Charitable Trust. It depicts that the contract has been signed by the CBSE on 21.11.2017 for running classes 9th, 10th, 11th and 12th was done with Shri Ram Educational and Charitable Trust and not with Shri Ram Educational and Charitable Society. To gather factual basis of this affiliation, the relevant information has been sought through the RTI application in question. However, the Appellant expressed his dissatisfaction to the fact that satisfactory response has not been provided by the CPIO and FAA. It was the plea of the Appellant that affiliation to the school for 9th standard and above by CBSE can only be granted only after execution of agreement with the Trust which is a pre-mandatory condition for such affiliation. Appellant prayed the Commission to direct the CPIO to provide the basis for granting affiliation to the concerned School.

7. The CPIO, at the outset, reiterated the contents of his written statement wherein he, inter alia, pleaded as under -

"...1. The entire matter revolves around Mount Litera Zee School, located at Gandhi Colony, Link Road, Near Mayur Mahal Palace, Muzaffarnagar, Uttar Pradesh-251002, affiliated to CBSE vide Affiliation No. 2132852 w.e.f. 01.04.2017.
Page 3 of 12
2. As per records, the Appellant is a co-landowner who leased the land to Shri Ram Educational and Charitable Trust for 30 years under a lease deed agreement effective from 01.04.2016 to 31.03.2046.
3. Subsequently, several +disputes arose between the Appellant (Lessor) and the School/Trust (Lessee) regarding rental amount, tenancy, and related matters.
4. Since the grant of affiliation to the School by CBSE in the year 2017, the Appellant has filed more than 50 complaints and counter-complaints against the School with CBSE, including the Affiliation Unit, HQ and Regional Office, Dehradun.
5. Between May 2018 and February 2025 alone, the Appellant filed 110 RTI applications exclusively before the Affiliation Unit of CBSE concerning the same School-ANNEXURE-A.
6. In compliance with the RTI Act, 2005, the Appellant has been furnished with all available and relevant information and afforded due opportunity of hearing in accordance with law and principles of natural justice.
7. Similar complaints, counter-complaints, RTI applications, and appeals are also regularly filed by other family members of the Appellant, seeking identical or slightly modified information about the School or the status of complaints filed against it.
8. Numerous Civil Suits, Original Suits, and Complaint Cases between the Appellant, his family members, ASJ Developers (with whom the Appellant is associated), and the School/Trust/Trustee (Sh. Navneet Bhardwaj) are currently pending in Muzaffarnagar courts. An indicative list of these sub judice cases as on 17.04.2026 is annexed at ANNEXURE-B.
9. Vide joint Order dated 25.07.2025, the Hon'ble Central Information Commission, after hearing 09 Second Appeals filed by Shri Anil Swaroop (co-owner of the land where the School is constructed), held as follows ANNEXURE-C:
CIC/CBSED/A/2024/126322, CIC/CBSED/A/2024/130168, CIC/CBSED/A/2024/130968, CIC/CBSED/A/2024/634580, CIC/CBSED/A/2024/646177, CIC/CBSED/A/2024/646909, CIC/CBSED/A/2024/647176, CIC/CBSED/A/2024/647328, CIC/CBSED/A/2024/647693.
".... the Appellant is advised to make judicious use of his right to information in the future and to desist from filing repetitive RTI Applications as Appeal(s) emanating from the same are liable to be summarily dismissed henceforth. The Respondent(s) are also at liberty to rely on the instant decision in the event that the Appellant files same or similar RTI Applications in the future."

10. Importantly, the Hon'ble Commission expressly advised the Respondent to rely on the said decision while dealing with any future RTI applications of the Appellant on the same subject matter, thereby providing authoritative guidance directly applicable to the present appeal.

11. The present appeal is squarely covered by the aforesaid order and represents a continuation of the same repetitive and motivated pattern to address private Page 4 of 12 disputes under the guise of the RTI Act, already denounced by the Hon'ble Commission.

12. Vide another Order dated 28.07.2025 in CIC/CBSED/A/2024/647797, filed by another family member, Sh. Abhinav Swaroop (S/o Sh. Anil Swaroop), involving the same School/Trust, the Commission held:

(An Autonomous Organisation under the Ministry of Human Resource Development, Govt. of India) "Moreover, the issues raised in the instant appeal are identical to those raised in CIC/CBSED/A/2024/130968 & Other (Anil Swaroop), disposed of by the Commission vide order dated 25.07.2025. That being so, the Commission finds no ground for re-visiting the merits of the case. Accordingly, the appeal is dismissed."

13.In another joint Order dated 19.08.2025, filed by Smt. Soumya Swaroop (daughter-in-law of Appellant's brother) in CIC/CBSED/A/2024/647712, categorically held: CIC/CBSED/A/2024/648354 and involving the same School/Trust, the Commission "The Commission notes that the appellant and her family members are frequently filing RTI Applications on the same subject matter which is purely against the spirit of the RTI Act, 2005. Further, through file no. CIC/CBSED/A/2024/100693 and CIC/CBSED/A/2024/605803, the commission has also decided the second appeals of the family members of the appellant on the same subject. Therefore, the Commission strongly advises the appellant to desist from filing multiple RTI Applications seeking details of third party as her future appeals/complaints on the same matter are liable to be summarily dismissed. The Respondents are also advised to take reference of the instant decision while dealing with any future RTI Applications of the Appellant on the same subject matter. Further, in the absence of the larger public interest, the Commission finds no scope of intervention in the matter. Accordingly, the appeals are dismissed"

14. The complaints routinely filed by the Appellant before CBSE HQ and Regional Office primarily allege violation of CBSE Affiliation norms and issues related to the operation and management of the School, seeking strict action against it.

15. Upon investigation, these matters have typically been found to fall under the jurisdiction of the respective State/District Education Department, as outlined in CBSE Affiliation Unit Circular No. 03/2019 dated 30.01.2019.

16. Nevertheless, wherever necessary, CBSE has consistently taken action on complaints lodged by the Appellant concerning alleged violations of Affiliation Bye-Laws. Inspections have been conducted where warranted, and matters falling under State jurisdiction have been referred to the relevant authority. III. INTIMATION RECEIVED FROM SCHOOL The concerned School Management, in its communications to CBSE, has categorically stated the following:

1. That the Appellant (Sh. Anil Swaroop) and his family have been attempting to blackmail the Trust and School Management for a long time. The School has repeatedly requested the Board not to share any information of Mount Litera Zee School and Shri Ram Educational and Charitable Trust with the Appellant or his family.
Page 5 of 12
2. That to disrupt the functioning of the School, the Appellant (Sh. Anil Swaroop) regularly sends false complaints to CBSE and other departments.
3. "मांउट ल ा जी कूल, मुज फरनगर तथा ीराम एजुकेशनल एंड चै रटे बल ट के संबध ं म आलोक व प, अ नल व प, अ भनव व प एवं उनके प रवार के सद य के साथ वभ न यायालय म वादप रवाद वचाराधीन ह। अतः व यालय एवं ट से संबं धत सम त अ भलेख को गोपनीय रखना अ याव यक है।"
4. "अतः आपसे वन नवेदन है क मांउट ल ाजी कूल, मुज फरनगर एवं ीराम एजुकेशनल एंड चै रटे बल ट से संबं धत कोई भी अ भलेख जो जांच के संदभ म व यालय वारा े षत) कए गए ह, जैसे क जांच रपोटजांच आ या आ द, कसी भी प रि थ त म अथवा सूचना का अ धकार अ ध नयम, 2005 के अंतगत CBSE वारा अ नल व प, उनके प रवार के कसी सद य अथवा कसी अ य यि त को उपल ध न कराए जाएं और न ह इ ह सावज नक कया जाए।
उ त अ भलेख को पूणतः गोपनीय एवं सुर त रखा जाना नतांत आव यक है ।"

IV. APPLICABILITY OF SECTION 8(1)(h) OF THE RTI ACT, 2005

1. The Respondent respectfully submits that further disclosure is expressly exempt under Section 8(1)(h) of the RTI Act, as the information sought relates to matters under judicial consideration vide a plethora of sub judice cases. Disclosure would impede the adjudicatory process and confer unfair advantage upon the Appellant and his family members in ongoing litigations.

2. The RTI Act cannot be converted into a parallel discovery mechanism or strategic tool for evidence-gathering in pending litigations and undermining the sanctity of the Hon'ble Courts.

V. APPLICABILITY OF SECTION 8(1) (j) - THIRD PARTY INFORMATION AND ABSENCE OF LARGER PUBLIC INTEREST

1. Disclosure of information relating to third parties, without demonstrable larger public interest, is expressly barred under Section 8(1)(j) of the RTI Act. The present appeal seeks third-party information devoid of public interest.

2. The Appellant has failed to establish any larger public interest that would justify disclosure. On the contrary, the record shows the dominant purpose behind the RTI applications is to advance private disputes arising out of lease and management conflicts between the appellant, his family members and the School/Trust.

VI. DISPROPORTIONATE DIVERSION OF PUBLIC RESOURCES AND MANDATE

1. Persistent filing of complaints, RTIs, and appeals by the Appellant and his family members has diverted CBSE's time and resources, imposed unwarranted inspections, and burdened administration, thereby affecting CBSE's core mandate including conduct of Class X and XII examinations.

2. Such repeated and overlapping RTI applications impose a disproportionate burden on the Respondent's resources, contrary to Section 7(9) of the RTI Act. VII. JUSTIFICATION FOR DECLINING INFORMATION W.R.T. THE INSTANT Page 6 of 12 APPEAL:

The appellant is informed that the RTI Act is intended solely for seeking information that is available on record with the concerned Public Authority, in the form it exists. The RTI mechanism is not an appropriate forum for seeking interrogative queries, clarifications, confirmations, opinions, justifications, validations of any matter. Such requests do not constitute "information" as defined under Section 2(f) of the RTI Act, 2005.
Besides, information sought in the form of justification, explanation, reasons, basis, grounds, and even those based on speculations, conjecture, self- assumptions or hypothesis does not fall within the definition of Information as per Section 2 (f) of the RTI Act 2005.
Under the provisions of the RTI Act only such information as is available and existing and held by the public authority or is under control of the public authority can be provided.
Under the provisions of the RTI Act, Public Authority is not supposed to furnish replies to assumption-based questions/inferences. The CPIO's role is to communicate what's on record, not to research, deduce, or justify actions.
1. Notwithstanding above, the appellant is informed that as per available records the Recognition Certificate by the District Education Office of the Appropriate Government vide its letter dt. 03.05.2016, was issued to the concerned School i.e. Mount Litera Zee School located at Gandhi Colony, Link Road, Near Mayur Mahal Palace, Muzaffarnagar, Uttar Pradesh-251002 and not to any Society or Trust-

ANNEXURE-D Copy of Recognition Certificate issued by the concerned State/District Education Department has been uploaded by the concerned school on its website/given link:

Website: https://www.mountliteramuzaffarnagar.com/ Link: https://epfuture.mountlitera.com/SchoolDocuments/REGUGA1169/NOC.pdf Hence, no other information is available in respect of the justification sought by the appellant in this regard.
(An Autonomous Organisation under the Ministry of Human Resource Development, Govt. of India)
2. CBSE has accorded sanction for composite provisional affiliation to the concerned School w.e.f. 01.04.2017 to the concerned School i.e. Mount Litera Zee School located at Gandhi Colony, Link Road, Near Mayur Mahal Palace, Muzaffarnagar, Uttar Pradesh-251002 and not to any Society or Trust-

ANNEXURE-E As per available information in the records of the Board and the given website/link, the concerned School is established by Shriram Educational and Charitable Trust:

Website: https://saras.cbse.gov.in/SARAS/ Link: https://saras.cbse.gov.in/saras/AffiliatedList/Afflication Details/2132852 In this regard the appellant may also refer to the copy of the registered Trust Deed voluntarily disclosed by the concerned School on its given website/link and obtain the desired/available information:
Website: https://www.mountliteramuzaffarnagar.com/ Page 7 of 12 Link:
https://epfuture.mountlitera.com/SchoolDocuments/REGUGA1169/Trust%20Dee d%20(2).pdf Hence, no further information is available in respect of the justification sought by the appellant in this regard.

3. The appellant is informed that recognition to School is accorded by the concerned State Education Department/Directorate of Education, of the Appropriate Government. Whereas, CBSE grants affiliation to such schools who apply for the same in accordance with the norms of the Board. As far as affiliation from CBSE is concerned, the appellant is informed that as per Chapter 1 Clause 1.3 (sub clause 1.3.24) of CBSE Affiliation Bye-Laws, 2018, Recognition means formal recognition of school in accordance with the provisions contained in the Right to Education Act and/or the Education Act of the concerned State/UT Government/Administration.

Affiliation Bye-Laws is available on the CBSE website https://saras.cbse.gov.in/saras/ or at the given link:

https://saras.cbse.gov.in/saras/Home/Information As per Chapter 2 Clause 2.3 (sub clause 2.3.4) of CBSE Affiliation Bye-Laws, 2018, the Schools seeking affiliation with the Board shall submit formal prior Recognition Certificate from concerned State Education Department as per extant rules and provisions contained in RTE Act-2009.
CBSE grants affiliation to such schools who apply for the same in accordance with the applicable norms of the Board on the basis of recognition Certificate issued to the School by the Education Department of the Appropriate Government. Rest of the desired information is hypothetical, speculative and based on presumption and conjecture which do not fall within the definition of Information as per Section 2 (f) of the RTI Act 2005.
VIII. SUMMATION
1. In view of the above, the present appeal is devoid of public interest, sub judice before competent courts, and disclosure is expressly exempt under Section 8(1)(h) of the RTI Act, with objections raised by affected third parties.
2. The matter is squarely covered by the Hon'ble Commission's earlier Joint Order dated 25.07.2025 against nine Second Appeals of the Appellant himself.
3. Complaints falling within State Government jurisdiction has invariably been forwarded to the appropriate Education Department, in accordance with CBSE Affiliation Unit Circular 03/2019 dated 30.01.2019.
4. The Appellant, his family members, and the School Management/Trust are involved in multiple ongoing disputes, including rental amount of leased land, tenancy agreements, and related matters.
5. Various Civil Suits, Original Suits, and Complaint Cases (Annexure-A) between the Appellant, his family members, and the Trust/School Management are currently sub judice in courts, with final outcomes pending.
6. The Appellant and his family persistently submit multiple complaints, counter-

complaints, and RTI requests, suggesting their primary aim is to gather any unfavorable information against the School Management to support ongoing Page 8 of 12 litigations, rather than to seek information on matters pertaining to larger public interest.

7. Other parties involved, namely the Trust/Trustee, School Management, and Former Principal, have formally requested the Board not to disclose any information or documents related to the School or Trust to the Appellant or his family. Disregarding formal objections from the other party (School/Society governing the School) and disclosing further information would be contrary to principles of natural justice and settled RTI jurisprudence.

8. At this juncture, disclosing additional information may place other parties at a competitive disadvantage, compromise fairness of legal proceedings, and harm respondents' interests. Providing further information under the RTI Act could undermine the integrity of ongoing court cases.

9. Despite these circumstances, the Board has made every effort to provide the Appellant with relevant information in the past and granted personal hearings as per the RTI Act.

10. Such repetitive conduct, despite repeated adjudication, is contrary to the spirit and objectives of the RTI Act, which is designed to promote transparency in matters of genuine public interest, not to facilitate harassment or personal vendetta.

11.The Board has consistently followed its Affiliation Bye-Laws in responding to the Appellant's complaints. Given that the Appellant is pursuing disputes through legal channels, any additional disclosure could be exploited to gain undue advantage. Ignoring formal requests of stakeholders to withhold information would breach of confidence, trust between the Board and its stakeholder (School).

12. The ongoing disputes between the Appellant and the School/Trust are unrelated to the Board. Yet, the Appellant has repeatedly sought to involve the Board, diverting valuable time from core responsibilities such as conduct of Class X and XII examinations. To prevent further misuse of resources, closure of the matter is strongly recommended.

13.In light of these circumstances, the Respondent respectfully declines any further RTI requests from the Appellant, his family, or other claimants concerning the School/Trust, as long as cases remain sub judice in various courts.

14. To prevent further misuse of resources, it is respectfully submitted that the Appeal filed by the Appellant be considered for closure, enabling the Board to focus on its core mandate and genuine stakeholder grievances.

15. The conduct of the Appellant amounts to gross misuse of the RTI mechanism, which is intended to promote transparency in public administration, not to settle private disputes..."

8. It was the plea of the CPIO that Appellant is a habitual RTI applicant who filed multiple RTI applications and various complaints against the concerned school and Trust and numerous litigations on the subject is ongoing between the Appellant and the Trust, a list of which is attached with the written statement. CPIO summed up his submission by stating that since the matter is Page 9 of 12 sub judice before the Court of Law, therefore, disclosure of information sought at this early stage would impact on the adjudication of suits. Lastly, the CPIO concluded that various bunch matters/Second Appeals of the Appellant has been decided by the CIC in the recent past with strong advise to the Appellant for not filing repeated RTI applications seeking similar information to harass the Public Authority, yet the fact remains the Appellant did not adhere to the advice of the Commission and keeps on filing repeated RTI requests time and again. As regards information sought is concerned, the CPIO clarified that as per available records the Recognition Certificate by the District Education Office of the appropriate government vide its letter dt. 03.05.2016, was issued to the concerned School i.e. Mount Litera Zee School located at Gandhi Colony, Link Road, Near Mayur Mahal Palace, Muzaffarnagar, Uttar Pradesh-251002 and not to any Society or Trust. Copy of Recognition Certificate issued by the concerned State/District Education Department has been uploaded by the concerned school on its website/given link: Website:

https://www.mountliteramuzaffarnagar.com/ Link:
https://epfuture.mountlitera.com/SchoolDocuments/REGUGA1169/NOC.pdf. Hence, no other information is available in respect of the justification sought by the appellant in this regard. CBSE has accorded sanction for composite provisional affiliation to the concerned school w.e.f. 01.04.2017 to the Mount Litera Zee School located at Gandhi Colony, Link Road, Near Mayur Mahal Palace, Muzaffarnagar, Uttar Pradesh-251002 and not to any Society or Trust. As per available information in the records and the given website/link, the concerned school is established by Shriram Educational and Charitable Trust: Website: https://saras.cbse.gov.in/SARAS/ Link: https://saras.cbse.gov.in/saras/AffiliatedList/Afflication Details/2132852. In this regard the appellant may also refer to the copy of the registered Trust Deed voluntarily disclosed by the concerned School on its given website/link and obtain the desired/available information: Website: https://www.mountliteramuzaffarnagar.com/ Link: https://epfuture.mountlitera.com/SchoolDocuments/REGUGA1169/Trust%20 Deed%20(2).pdf. CPIO added that no further information is available in respect of the justification sought by the appellant in this regard. The appellant is informed that recognition to school is accorded by the concerned State Education Department/Directorate of Education, of the appropriate government. Whereas, CBSE grants affiliation to such schools who apply for the same in accordance with the norms of the CBSE. As far as affiliation from Page 10 of 12 CBSE is concerned, the appellant is informed that as per Chapter 1 Clause 1.3 (sub clause 1.3.24) of CBSE Affiliation Bye-Laws, 2018, Recognition means formal recognition of school in accordance with the provisions contained in the Right to Education Act and/or the Education Act of the concerned State/UT Government/Administration. Affiliation Bye-Laws is available on the CBSE website https://saras.cbse.gov.in/saras/ or at the given link: https://saras.cbse.gov.in/saras/Home/Information. As per Chapter 2, Clause 2.3 (sub clause 2.3.4) of CBSE Affiliation Bye-Laws, 2018, the schols seeking affiliation with the Board shall submit formal prior Recognition Certificate from concerned State Education Department as per extant rules and provisions contained in RTE Act-2009. CBSE grants affiliation to such schools who apply for the same in accordance with the applicable norms of the Board on the basis of recognition Certificate issued to the School by the Education Department of the Appropriate Government. Rest of the desired information is hypothetical, speculative and based on presumption and conjecture which do not fall within the definition of Information as per Section 2 (f) of the RTI Act 2005.

9. Rebutting the submissions of the CPIO, the Appellant contended that he has a copy of agreement entered into between CBSE and the Society vide which recognition has been accorded for running of school till 8 th standard as such, however, he merely seeks for the copy of basis of granting said affiliation by CBSE. At the behest of the Commission, the CPIO agreed to examine the agreement upon receipt of the same from the Appellant and furnish the reply as per the provisions of the RTI Act, 2005, accordingly.

Decision:

10. Heard the parties.

11. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records observes that as far as RTI Application in question is concerned, it was suitably replied to the Appellant now vide written statement of the CPIO, a copy of which was served to the Appellant through email. Further, the written statement filed by the CPIO is comprehensive and self-explanatory which adequately addressed the queries raised by the Appellant in terms of the provisions of the RTI Act, 2005. Moreover, considering the submissions of the CPIO that subject matter of the RTI application is sub-judice before the Court of Law, it will be in the interest of justice if the Appellant waits for final verdict of the Court for remedial action.

Page 11 of 12

12. In the light of above, it is not a fit matter to grant any relief, at this juncture.

The Appeal is disposed of accordingly.

Sd/-

                                         Sudha Rani Relangi (सुधा रानी रे लंगी)
                                  Information Commissioner (सूचना आयु त)
Authenticated true copy
(अ भ मा णत स या पत        त)


(Anil Kumar Mehta)
Dy. Registrar
011- 26767500
Date


Shri ANIL SWARUP




                                                                    Page 12 of 12

Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)