Central Information Commission
Mr.Ajay Kumar Goel vs O/O The Deputy Director Of Education on 4 August, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/001520/4364
Appeal No. CIC/SG/A/2009/001520
Appellant : Mr.Ajay Kumar Goel
C/o Health Care Foundation,
D-94, Pandav Nagar, Patparganj
Road, Delhi
Respondent : Ms. Neelam Verma
Public Information Officer
O/o the Deputy Director of
Education, Distt- North,
Lucknow Road, Timarpur,
Delhi 110054
RTI application filed on : 09/02/2009
PIO replied : 02/03/2009
First Appeal filed on : 17/04/2009
First Appellate Authority order : 18/05/2009
Second Appeal Received on : 17/05/2009
Information sought:
Appellant sought information regarding the Pre-School (Primary Class) admissions for the academic year 2008-09 in GNCT of Delhi. Four names of school were listed in the application:
a). Delhi Public School, Mathura Road, Delhi.
b). Ryan International School, Mayur Vihar Phase-III, Delhi.
c).The Indian School, Josip Braz Tito Marg, New Delhi.
d). Ahlcon International School, Mayur Vihar Phase-1, Delhi
1. Provide copy of Feedback Form which all recognized unaided school were supposed to upload as well as submit a hard copy in terms of circular of Director of Education, in respect the list mentioned in application.
2. Provide information asked for in the enclosed form (form enclosed by Appellant) with regard to given list of school.
3. Whether listed schools have complied with the order (Admission Procedure for Pre-
primary class) dated 22/12/2007? If yes, Provide copy of the documents submitted by them in this regard with the date of submission. If, no, what action has been taken against these schools in this regard?
4. Provide copy of Form-II and information in terms of clause 5 of the above order, submitted by these schools in compliance of clause24 & 22 of the above order respectively.
5. In terms of clause 9(d) of the above order, whether listed school have submitted any intimation? If, yes, provide a copy of the same and date on which the same intimation was filed with appropriate authority.
6. Provide dates when these schools have come out with different list and dates upto which they have accepted fees for different list.
7. Provide list of complaints handled by Admission committee of listed schools and action taken by them on the same.
8. Provide details of admission committee members of above schools for the above year.
9. Provide list of candidates along with their residential addresses, selected by these schools for admission alongwith the points given under different criteria to these candidates. Provide proof of single parent, proof of transfer case, (as provided by the candidates). Provide details of education qualification of parents of these candidates.
10. Inform the amount of fee fixed by Govt. of NCT of Delhi for application forms to be sold to applicants in above cases and the amount actually charged by the above listed schools for the above year.
PIO's Reply:
Application was transferred to DDE (Central) to DDE (North) by APIO, Director of Education, Old Secretariat, Delhi. PIO, DDE (North) replied on 02/03/2009 and 12/03/2009 with same reply that RTI application did not pertain to that Zone.
Grounds for First Appeal:
Appellant requested for disciplinary action against the PIO and impose penalty.
Order of the First Appellate Authority:
FAA stated that the reply of the PIO was satisfactory as none of the asked information relates to DDE (North). She mentioned that the contention of the Appellant to impose the penalty and initiation of disciplinary proceedings was unjustified with a malafide intention to bring disrepute to the officer and the department.
Grounds for Second Appeal:
Appellant stated that his application was transferred but information not supplied. He mentioned that the response of FAA was not according to provisions of Act as FAA was holding the action of the PIO as valid though the same was not complying with the provisions of the Act.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr.Ajay Kumar Goel Respondent: Ms. Neelam Verma, PIO; Ms. Abha Joshi-ADE(Act); Mr. P.K.Sharma-ADE(East) The FAA Dr. Sunita Kaushik has passed an order without any application of mind. Whereas PIO(Act) had wrongly transferred the application to the places where the information did not exist. The FAA had the audacity to state, "the contention of the Appellant to impose the penalty and initiation of disciplinary proceedings is unjustified with a malafide intention to bring disrepute to the officer and the department." It is apparent that the department does not do its statutory duty of regulating and controlling schools as it is supposed to do. The Commission wonders what function the department performs. The Appellant is described how this RTI application was sent to multiple PIOs and the papers kept moving around endlessly. So far three First Appellate hearing had been held leading to no result. The PIO Ms. Abha Josi, ADE(Act) is directed to collect all the information personally and give it to the Appellant before 20 August 2009. She will also ensure that the details of the feedback forms regarding Pre-Primary Admissions will be put up suo-moto under Section 4 of the RTI Act on the website of the department. It will ensure that this data for the year 2009-10 is put-up on the website before 30 August 2009.
Decision:
The appeal is allowed.
The PIO Ms. Abha Joshi (ADE Act) will give the information to the Appellant before 25 August 2009.
She will also ensure that the details of the feedback forms regarding Pre-Primary Admissions will be put up suo-moto under Section 4 of the RTI Act on the website of the department. A compliance certificate will be sent to the Appellant and the Commission before 05 September 2009.
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 4 August 2009 (In any correspondence on this decision, mention the complete decision number.)Rnj