Central Information Commission
Mohit Kumar Gupta vs Directorate Of Education on 17 November, 2020
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/Appeal
No. CIC/DIRED/A/2018/627180
िशकायत सं या /Complaint No. CIC/DIRED/C/2018/627184
Shri Mohit Kumar Gupta िशकायतकता /Complainant
VERSUS/बनाम
PIO ... ितवादीगण /Respondent
Kalinga Institute of Social Sciences,
713, Naurang House,
21 Kasturba Gandhi Marg,
Connaught Place, New Delhi-110001
Date of Hearing : 29.09.2020, 17.11.2020
Date of Decision : 05.10.2020, 17.11.2020
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from complaint:
Case No. RTI dated CPIO reply First appeal FAO Second Appeal
/Complaint
627180 28.12.2017 - 13.02.2018 - 28.07.2018
627184 28.12.2017 - 13.02.2018 - 28.07.2018
Since a Second Appeal and a Complaint havebeen filed by the same Applicant, the
above mentioned cases are clubbed together for hearing and disposal.
Information soughtand background of the case:
(1) CIC/DIRED/A/2018/627180 (2) CIC/DIRED/C/2018/627184 Identical RTI applications filed separately by Appellant/ Complainant The Appellant/ Complainant filed an RTI application on 28.12.2017 seeking information on following 22 points.
1. Provide the document containing the Organisational structure of the institution and the managing committee members details.
2. Provide the document containing the details of the powers & duties of officers & employees.
3. Provide in writing the procedure followed in decision making process for any important decision.
Page 1 of 54. Provide the name and designation of the officers who hold the control for providing the following information/ documents when required:
a. General Information (Administrative matters) b. Information on students related matter specifically Examination related document and academics (like admission related document). C. Document on Accounts related matters like Bill, budget, return, salary etc.
5. Provide the Admission Register Details of last 5 years & Complete Biodata of the Students Admitted class wise.
6. Provide the Students' attendance records in all the classes in last 5 years.
7. Provide the Teachers' basic details and the attendance records maintained by the institution.
8. Provide the details of all departments/ committees formed for the functioning of the school activities.
9. Provide the names and details of NGOs associated with the institution being a non‐profit and free education institution.
10. Provide the details of all the infrastructural and other facilities (eg. water and sanitation facilities, boundary wall, classrooms and teaching facilities within the classrooms and mid‐day meals) provided to all the students staying in residency and otherwise. etc. Having not received a reply from the PIO, the Appellant/ Complainant filed an online First Appeal dated 13.02.2018 and the same was disposed of by the FAA on 27.02.2018. However, the Appellant/ Complainant alleged in his Second Appeal/ Complaint that he did not receive any order from the FAA.
Feeling aggrieved, the Appellant/ Complainant approached the Commission with the instant Second Appeal/ Complaint.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant/ Complainant participated in the hearing on being contacted on his telephone. He claimed that the Kalinga Institute of Social Sciences Delhi Government Senior Citizen Residential School is not complying with the provisions of the RTI Act, 2005 despite being a fully free co‐educational residential school for underprivileged children. During the hearing, he also averred that the institution is a joint venture between the Government of Delhi and Kalinga Institute of Social Sciences and received 100% funding from the Page 2 of 5 GNCTD. Explaining that he had filed the RTI Application/ First Appeal with the D/o Education, GNCTD, the Appellant/ Complainant stated that he had received a response dated 05.03.2018 from the D/o Education mentioning that his First Appeal has been disposed off vide order dated 27.02.2018, a copy of which is already posted to him. However, the Appellant/ Complainant claimed that his First Appeal was not decided, till date.
The Respondent (representatives of Kalinga Institute of Social Sciences) remained absent despite prior intimation from the Commission. In the absence of the Respondent, the Commission is unable to ascertain the factual position in the matter.
INTERIM DECISION Keeping in view the facts of the case and the submissions of the Appellant, the Commission directs the Registry of this bench to fix another date of hearing in this matter on 16.11.2020 at 11.00 AM and issue a fresh notice of hearing accordingly to both the parties as also the representatives of D/o Education, GNCTD. In the meanwhile the Commission also directs the Appellant/ Complainant to submit a written submission to the Commission by 01.11.2020 justifying as to how the Kalinga Institute of Social Sciences Delhi Government Senior Citizen Residential School falls within the definition of"Public Authority" as per Section 2 (h) of the RTI Act, 2005 Facts emerging in Course of Hearing dated 17.11.2020 A written submission has been received by the Commission from the Appellant/ Complainant dated 06.10.2020 wherein he stated that Kalinga Institute of Social Sciences as a non profit institution of self governance gets squarely covered under the definition of "public authority" u/s 2 (h) of the RTI Act since the same is substantially financed directly by the funds provided by the funds provided by the Government of NCT of Delhi. He thereafter referred to Section 2 (h) of the RTI Act and the weblinkhttps://www.kissdelhi.ac.in/about/welcome.php of the official website of Kalinga Institute of SocialSciences (KISS), Delhi in support of his contention. He stated that in the said weblink it is mentioned that KISS, Delhi is a joint venture of Government of NCT of Delhi and Kalinga Institute of Social Sciences, Bhubaneswar and is based on a Public Private Partnership (PPP) Model. He also stated that the role of the Government of NCT of Delhi in KISS, Delhi is to bear the recurring and the non‐recurring expenditure for a period of 5 years; Provided Land and Building for the entire duration of project beyond 5 years; Recurring cost of Rs. 5,000 per child per month for a period of 5 years for 1200 students. The role of KISS Delhi is to operate, maintain & manage the project and that KISS Delhi would bear all the operational cost after 5 Yrs. The Appellant/ Complainant further submitted that the Management Committee of KISS, Delhi comprised of the Chief Secretary, Govt. of Delhi ‐ CHAIRMAN; Principal Secretary (Finance) , Govt. of Delhi - Member; Principal Secretary (Planning) , Govt. of Delhi
- Member; Principal Secretary (SC/ST/OBC/Minorities), Govt. of Delhi - Member Page 3 of 5 Secretary; Secretary (Education), Govt. of Delhi - Member; Secretary (SW/WCD), Govt. of Delhi - Member; Director (SCERT) - Member; Additional Director Education (Schools) - Member; Secretary, KISS Bhubaneswar - Member and CEO, KISS Delhi - Member. Furthermore, funds would include the provision of infrastructure in terms of Land & Building (School, Hostel and Staff Quarters) and Financial Support in terms of Furniture & Fixtures which would stay in force even after the lapse of initial 5 years of regular funding otherwise, and therefore the same brings the Kalinga Institute of Social Sciences, Delhi within the definition of public authority.
A written submission is also received from the CEO, Kalinga Institute of Social Sciences dated 28.09.2020 requesting to provide the copy of the RTI dated 28-12- 2017 through their administrative department i.e. Department for the welfare of SC/ST/OBC, GNCTD so that they can provide the desired information accordingly.
The Commission is also in receipt of a copy of the letter dated 13.11.2020 sent by the DDE, Zone 22 to the PIO, Dte of Education wherein it is stated that the Dte of Education has issued a NOC for utilisation of Govt Building at village Isarpur to the Department of Welfare of SC/ST/OBC/Min., GNCTD with prior approval of the Secretary Education vide letter dated 27.06.2013. The School, Kalinga Institute of Social Sciences, is run and managed by the Department of Welfare of SC/ST/OBC/Min., GNCTD and falls under the jurisdiction of the said department. Technically it is a government school managed by the Department of Welfare of SC/ST/OBC/Min., GNCTD and not by the Directorate of Education. Hence DDE, Zone 22 is not the PIO of the Kalinga Institute of Social Sciences and the RTI application may be forwarded to the concerned PIO i.e. Department of Welfare of SC/ST/OBC/Min., GNCTD.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant/ Complainant participated in the hearing on being contacted on his telephone. While reiterating his submissions made during the last hearing and the written submission sent to the Commission prior to the instant hearing, the Appellant/ Complainant stated that the plea of the Respondent (KISS, Delhi) that the RTI application/ First Appeal was not filed with the correct Public Authority and hence could not be replied to in a timely mannerwas incorrect and misleading since the application/ First Appeal could have been transferred to the concerned department/office which was not done in the present instance. He further requested the Commission to direct the Respondent (KISS, Delhi) to ensure compliance with the provisions of Section 4 of the RTI Act, 2005.
The Respondent is represented by Shri Pushpender Dixit, Dy Director, KISS, Delhi through audio conference. He referred to the submission sent by the CEO, KISS dated 28.09.2020 and stated that had the RTI application been filed through the parent department i.e., the Department for the welfare of SC/ST/OBC, GNCTD, the desired information could have been disclosed earlier to the Appellant/ Page 4 of 5 Complainant. He cited an example of an earlier RTI application dated 23.05.2016 filed by the same Appellant/ Complainant to the Transport Department, GNCTD which was correctly transferred to the D/o Department for the Welfare of SC/ST/OBC, GNCTD subsequent to which a reply was provided to the Appellant/ Complainant in that matter. Hence, a similar action could have been taken in the instant matter as well had the application been transferred to them. On being queried by the Commission regarding the reason why information was not provided in the present matter even after the receipt of the notice of hearing from the Commission which is apparent from the written reply dated 28.09.2020, no satisfactory response was offered by the Respondent.
DECISION Keeping in view the facts of the case and the submissions made by both the parties and in the light of the detailed written submission sent by the Appellant/ Complainant explaining which KISS School, Delhi is a Public Authority as also the statements made by the Respondent (KISS) acknowledging that they are covered under and complying with the provisions of the RTI Act, 2005, the Commission finds that the issue of whether KISS School, Delhi is a Public Authority or not is not a matter under contention anymore. However, the details of the PIO/ FAA of KISS School, Delhi are not mentioned on the website of the Public Authority nor could such details be provided during the hearing. Hence, the Commission at the outset directs the CEO, Kalinga Institute of Social Sciences School, Delhi to depute appropriate officers as the PIO and FAA and notify the same on their website and they shall be responsible to act in accordance with the RTI Act, 2005 in dealing with the RTI applications/ First Appeals in a time bound manner. Subsequent to the notification, the PIO so appointed is directed to ensure that point wise information as sought in the RTI application under consideration is provided to the Appellant/ Complainant and that provisions of Section 4 of the RTI Act, 2005 are also duly complied with. In the meantime, the Commission also directs Shri Pushpender Dixit, Dy Director, KISS, Delhi present during the hearing to furnish a written submission explaining the reasons for not providing the information within the period stipulated under the provisions of the RTI Act, 2005. The aforementioned directions should be complied with by 31.01.2021.
With the abovementioned directions, the instant Second Appeal/ Complaint stands disposed off accordingly.
Y. K. Sinha (वाई. के . िस हा) Chief Information Commissioner(मु य सूचना आयु ) Authenticated true copy (अिभ मािणतस ािपत ित) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 5 of 5