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Moumtia Brojobasi vs Kendriya Vidyalaya Sangathan on 18 November, 2024

                                    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/KVSAN/A/2023/148561


Moumtia Brojobasi                                                ... अपीलकता/Appellant

                                        VERSUS
                                         बनाम
CPIO:
Kendriya Vidhyalya
Sangathan, Jalpaiguri
Salt Lake.                                                  ... ितवादीगण/Respondent

Relevant dates emerging from the appeal:

RTI : 03.07.2023               FA       : 10.09.2023             SA     : 16.12.2023

CPIO : 11.08.2023              FAO : 09.10.2023                  Hearing : 24.10.2024


Date of Decision: 18.11.2024
                                        CORAM:
                                  Hon'ble Commissioner
                                _ANANDI RAMALINGAM
                                       ORDER

1. The Appellant filed an RTI application dated 03.07.2023 seeking information as under:

"Copy of all answer sheets of periodic test part II of Class- XI of Science Stream of Sreeja Brojobashi, D/O Krishanu Brojobashi held on and from 25/12/2023 to 18/03/2023, within Seven days, requisite Postal Order of Rs.10/- is attached herewith. "

2. The CPIO replied vide letter dated 11.08.2023, enclosing 25 pages of documents containing the subjects of English (04 pages), Physics (05 pages), Biology (06 pages), Chemistry (06 pages) and Math (04 pages).

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.09.2023 stating that the CPIO did not provide the main answer sheet of P.T. 2 (Maths) for Session 2022-23. The FAA vide order dated 09.10.2023 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 16.12.2023.

5. The Appellant was present during the hearing through video conference and on behalf of the Respondent, S L Deepankar, AO & CPIO attended the hearing through video conference.

6. The Appellant stated that the FAA did not pay any heed to the grounds mentioned in the First Appeal alleging that copy of the main answer sheet of P.T. 2 (Maths) for Session 2022-23 was not provided. She further stated that due to the deliberate withholding of the answer sheet, she has also approached the Court against the injustice being meted out to her daughter.

7. The Respondent admitted that the concerned school Principal i.e. Kendriya Vidyalaya, BSF Rani Nagar appears to have concealed the fact that one of the answer copy was missing. Upon a query from the Commission, it was also admitted that only the copy of the averred student was missing and at the time of providing the reply to the RTI Application, the Principal did not bother to bring on record this fact. It was further submitted that the teacher responsible for misplacing the averred answer sheet was a contractual employee and it is learnt that she has already left the job and as on date the post of the Principal is also lying vacant.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, is baffled to note the submissions of the Respondent suggesting a horrid state of affairs of one of the Kendriya Vidyalaya(s) of the country, casting aspersions on the Kendriya Vidyalaya administration for seemingly causing such grave disservice to the student and parent community.

It is pertinent to note that while putting the entire onus on the Principal of the said school, the KVS Regional Office, Kolkata i.e. the Respondent is losing sight of the fact that the FAA, KVS RO, Kolkata did not even bother to peruse the First Appeal grounds and rather passed a cursory order upholding the reply of the CPIO as though evading the question of the missing answer sheet. It is clear beyond reasonable doubt that both the KVS, RO and the concerned School administration have grossly failed to facilitate the Appellant or own up to the unavailability of the part answer script until perhaps the Appellant approached the Court of Law and the question of incomplete information provided by the CPIO was raised before this Commission under the RTI Act.

9. Now, since the Appellant has approached the appropriate forum against the omissions of the concerned school with respect to having misplaced the answer script, the Commission does not deem it fit to record any further observations to this effect. However, with respect to the mandate of the RTI Act, the Commission directs the CPIO to send a proper written explanation stating the reasons for not providing the complete information to the Appellant as sought for in the RTI Application and for failing to verify the information procured from the concerned school at the time of replying to the RTI Application for its completeness. Further, the CPIO shall state the action taken against the concerned record holder for allegedly concealing the factum of providing incomplete information for onward transmission to the Appellant. The said written explanation of the CPIO shall be deposed on a duly filed affidavit and be sent to the Commission within 15 days of the receipt of this order, with a copy of it endorsed to the Appellant.

10. A copy of this order is also marked to the Commissioner, KVS to take note of the sordid and appalling condition of the Kendriya Vidyalaya, BSF Raninagar, Jalpaiguri as evinced from the submissions of the KVS RO during the hearing.

11. The Appeal is disposed of accordingly.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 18.11.2024 Authenticated true copy Col S S Chhikara (Retd) कनल एस एस िछकारा, ( रटायड) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1. The CPIO Kendriya Vidyalaya Sangathan Regional office, Kolkata EB Block, Sector-1, Laboni, Salt Lake, Kolkata-700064.

2. Commissioner Kendriya Vidyalaya Sangathan 18, Institutional Area Shaheed Jeet Singh Marg New Delhi - 110016

--(For taking note of the adverse observations of the Commission and corrective action)

3. Moumtia Brojobasi Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)