Central Information Commission
Subhamoy Sarkar vs Central Board Of Secondary Education on 11 March, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/CBSED/A/2024/627131
Subhamoy Sarkar ... अपीलकता/Appellant
VERSUS
बनाम
CPIO:
Central Board of Secondary ... ितवादीगण/Respondents
Education,
Delhi
Relevant dates emerging from the appeal:
RTI : 24.11.2023 FA : 04.02.2024 SA : 25.06.2024
CPIO : 05.01.2024 FAO : 28.03.2024 Hearing : 03.03.2025
Date of Decision: 10.03.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 24.11.2023 seeking information on the following points:
1) Kindly provide the information and the copy of the extant Lease Deed of the Public Land & Building occupied by the Priyadarshini Public School (OP) Kulti District Burdwan (WB) Code 24332 managed by the Priyadarshini Educational Society which has been submitted before the CBSE Authority by the school. Any other deed of instruments submitted before the CBSE Authorities related to the said public land in question, Page 1 of 5
2) Kindly provide the information and copy of the Report of the Inquiry Committee of CBSE against complaint received regarding forgery and fraud allegedly committed by PES regarding Lease Deed (Case No 7401) A copy of the reply of CBSE dated 27.11.2012 is enclosed for your perusal.
3) Kindly provide the information regarding the copy of the Registration Certificate of Priyadarshini Educational Society Kulti WB registered under the Societies Registration Act.
4) Kindly provide the information regarding list of Foundation Members of the Committee of Priyadarshini Educational Society Kulti or Priyadarshini Public School Kulti as submitted before the CBSE Authority.
5) Kindly provide the list of the Managing Committee of the Priyadarshini Public School Kulti as submitted before the CBSE ..., etc./ other related information
2. The CPIO replied vide letter dated 05.01.2024 and the same is reproduced as under:-
1: Desired information regarding the lease deed cannot be disclosed being third party information. Besides, the information sought by the appellant contained personal information of the lessor and lessee being a private document between the lessor and lessee held by CBSE in the fiduciary capacity. In addition, the disclosure of desired information has no relationship to any public authority or interest, or would cause unwarranted invasion on the privacy of the lessee and lessor, unless the Central/State Public Information Officers or the Appellate Authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information. Therefore, the information could not be disclosed to the applicant u/s 8(1) (d) (e) and (j) of the RTI Act, 2005.
2: The desired information cannot be disclosed under section 8 (1) (d) of the RTI Act, 2005 as it relates to a Third Party.Page 2 of 5
3: Copy of Registration certificate of the concerned School has been self- declared by the School in public domain on its website (https://www.ppskulti.org/) as part of Mandatory Public Disclosure under the heading More.
For information on the official website of the School you may also visit CBSE website www.cbse.gov.in or access the following link:
https://saras.cbse.gov.in/saras/AffiliatedList/AfflicationDetails/2430032%20 However, a copy of the desired document is enclosed for information. 4: As per available records, the list of members of the Society of the concerned School enclosed for information as desired.
5: As per available records, the list of members of the Managing Committee of the concerned School enclosed for information as desired. ...etc.
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 04.02.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 28.03.2024 upheld the reply given by the CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 25.06.2024.
5. The appellant and on behalf of the respondent Ms. Seema Khakha, Deputy Secretary, attended the hearing in-person.
6. The appellant inter alia submitted that he has sought copy of lease deed of the public land & Building occupied by the Priyadarshini Public School, Kulti District, Burdwan, (W.B) Authority but the CPIO has denied the information u/s 8 (1) (d), (e) and (j) of the RTI Act. He objected against the invocation of the above-mentioned exemptions claimed by the CPIO in the matter and argued that he does not agree that the information sought could be denied on such grounds as the school is situated on the land of the Steel Authority and he is seeking the information on behalf of the Steel Authority, thus, the information Page 3 of 5 sought should be provided. He alleged that the school officials are using a fake lease deed documents to run their school.
7. The respondent while defending their case inter alia submitted that the land-related documents of the school are confidential documents, thus, exemptions under section 8 (1)
(d), (e) and (j) of the RTI Act have been claimed. Moreover, the copies sought must have been in possession of Steel Authority also. However, all disclosable documents like school registration certificate and other self-declaration documents are available on their website for the public. She further stated that Mr. Subhamoy Sarkar (appellant) i.e. SAIL can get all the documents in question from their office by approaching them through proper channel, and same has been stated by the FAA in his order.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application as per the provisions of the RTI Act vide letter dated 05.01.2024. The Commission, therefore, finds no scope of further intervention in the matter. Accordingly, the Appeal is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 10.03.2025 Authenticated true copy Sharad Kumar (शरद कुमार) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO, Affiliation Unit, Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110092 Page 4 of 5
2. Subhamoy Sarkar Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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