Central Information Commission
Sh. Lalit Mohan Gupta vs Directorate Of Education, Gnct Of ... on 26 September, 2008
Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.3343/IC(A)/2008
F. Nos.CIC/MA/A/2008/01068
CIC/MA/A/2008/01069
Dated, the 26th September, 2008
Name of the Appellant: Sh. Lalit Mohan Gupta
Name of the Public Authority: Directorate of Education, GNCT of Delhi.
i
Facts:
1. Both the parties were heard on 25/9/2008.
2. The appellant has asked for certain information through separate applications. The information asked for pertain to a un-aided Sr. Secondary School. Being not satisfied with the replies furnished to him, he has submitted two separate appeals before the Commission, which are examined together.
3. During the hearing, the appellant stated that he has asked for information pertaining to Vivekananda Public School, Anand Vihar, Delhi. The information asked for relate to:
(i) Mark sheets of all the teachers teaching in the school;
(ii) Copy of the Society's registration under which the School is functioning;
(iii) Certificate of affiliation to CBSE Board;
(iv) Certificate of Recognition by Directorate of Education;
(v) Balance Sheet/Audit Report of the School for the last five years;
and
(vi) Details of teachers together with their qualification and the classes taught by them.
4. The appellant stated that the PIO has refused to furnish the information on the ground that the School has claimed exemption u/s 2 (h) of the Act, on the i "If you don't ask, you don't get." - Mahatma Gandhi 1 ground that the School is not a Public Authority under the provisions of the RTI Act. The PIO stated that:
(i) A part of information asked for pertain to the mark sheet of teachers and the disclosure of such information is not in public interest. Hence, denied u/s 8(1)(j) of the Act.
(ii) As regards the remaining information, the concerned School has not furnished the information though he made attempts to obtain the information. He thus expressed his willingness to furnish the information but the custodian of information has refused to provide the information u/s 2(h) of the Act.
Decision:
5. All the educational institutions especially those which have obtained land from the government at the subsidized rate, enjoy recognition by the Government and follow the guidelines for offer of various educational programmes and they enjoy affiliation to Bodies like CBSE, are essentially performing public function. There is, therefore, no justification why they should not be covered under the provisions of the Act, to ensure transparency and accountability in their functioning. In view of this, the claim of exemption u/s 2(h) of the Act is untenable.
6. The PIO is, therefore, directed to ask the custodian of information u/s 5(4) and u/s 2(f) of the Act, to furnish a point-wise response to the appellant's application dated August 3, 2006. Accordingly, the information should be furnished within 15 working days from the date of issue of this decision, failing which penalty proceeding u/s 20(1) of the Act, would be initiated against the PIO/deemed PIO i.e., Principal of the above mentioned School.
7. If the appellant is not satisfied with the compliance of the above Decision, he will be free to approach the Commission again.
8. With these observations, the appeal is disposed of.
Sd/-
(Prof. M.M. Ansari) Central Information Commissioner ii Authenticated true copy:
(M.C. Sharma) Assistant Registrar ii "All men by nature desire to know." - Aristotle 2 Name & address of Parties:
1. Sh. Lalit Mohan Gupta, E-5, Kanchan Apartments, Geeta Colony, Delhi -
110 031.
2. Sh. R.N. Sharma, DDE & PIO, Directorate of Education, GNCT of Delhi, Office of the Dy. Director of Education, Distt. East. Anand Vihar, Delhi
3. Dr. R.K. Sharma, RDE (East) & AA, Directorate of Education, GNCT of Delhi, SBV School, Build. Rani Garden, Delhi - 31.3