Central Information Commission
Sachin Yadav vs Directorate Of Education on 23 June, 2020
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DIRED/A/2018/149828
Shri Sachin Yadav ... अपीलकताग/Appellant
VERSUS/बनाम
PIO/Dte. Of Education (PSB), ...प्रनतवादीगण /Respondent
Old Secretariat, Delhi - 110054
Through: Sh. Ravinder Singh - SO, PSB
Date of Hearing : 22.06.2020
Date of Decision : 23.06.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 14.03.2018
PIO replied on : 10.04.2018
First Appeal filed on : 13.04.2018
First Appellate Order on : 04.06.2018
2ndAppeal/complaint received on : 09.08.2018
Information soughtand background of the case:
The Appellant filed his RTI application dated 14.03.2018 seeking information on the following queries:-
"Please tell me the no. of applicants who applied in the following school as their first choice under EWS/DG category during 2017-18 and 2018-19. 1. Lancer's Convent, Prashant Vihar, Rohini 2. N K. Bagrodia Public School, Sector-9, Rohini
3.G D Goenka Public School, Sector-9, Rohini 4.Springdales, Dhaula Kuan, Delhi
5.Laxman Public School, Hauz Khas Enclave, Delhi 6.The Mother's International School, Sri Aurobindo Marg, New Delhi. Please tell me there is any sub distribution of seat in EWS , SC, ST, OBC (non- creamy layer) category.
(Queries are Verbatim) The PIO, Dte. of Education (Section-IV, PB, Delhi furnished a point wise reply to the appellant vide letter dated 10.04.2018 stating that list of selected candidates is available on the home page of departmental website i.e. www.edudel.nic.in under the heading "EWS/DG Result 2017-18" and "EWS/DG Result 2018-19". However data is not available in the format as asked by the appellant. Appellant was further informed that there is no sub- distribution of seats in EWS, SC, OBC (non- creamy layer) category.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 13.04.2018 which was decided by the FAA vide order dated 04.06.2018, marking absence of the appellant and upholding the reply of the PIO, disposing the first appeal.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
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.
Both parties participated in the hearing on being contacted on their respective telephones and the appellant explained that he is a PSB scholar and sought the information as a part of his research paper.
It is noted that information from the website mentioned by the respondent can be obtained only on feeding in details of date of birth of student/candidate and registration number. It is not possible for a third party to access the data without providing these relevant details.
The appellant has submitted the irregularities which occurred in the hearing of his First Appeal, wherein firstly the date scheduled for hearing the First Appeal was cancelled, and a subsequent date was announced with back date where the date on speed post was 16.05.2018 while the date of hearing was on 09.05.2018.
Decision After examining the facts of the case, which emerged during the hearing, the Commission takes an adverse view of the manner in which the First Appeal was handled in this case, and could not be explained by the respondent's representative present for hearing. It is not desirable that a public office functions under such a flawed mechanism and hence, the respondent/FAA - Addl. Director of Education is advised to exercise caution and prudence in future.
In the light of the facts of the case, discussed above the PIO/DDE, PSB is hereby directed to furnish information about the total number of students who applied in each of the aforementioned schools as their first choice under EWS/DG category during 2017-18 and 2018-19, upon obtaining the information from the relevant school, by invoking Section 2(f) of the RTI Act.
Section 2(f)- "...."information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force..." [Emphasis supplied] This information shall be provided to the appellant, within four weeks of date of issue of the order and compliance report must reach the Commission by 10.08.2020, failing which appropriate proceedings shall be initiated as per law.
The appeal is thus disposed off with the above directions.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514