Central Information Commission
Ankit Mann vs Directorate Of Education on 30 September, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DIRED/A/2023/131220
Ankit Mann .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Dy. Director Of Education,
Zone- XIII, Dist North West B,
SCSD SV Co Ed School, Sector-IX,
Rohini, Delhi - 110085 ....प्रनर्वािीगण /Respondent
Date of Hearing : 23.09.2024
Date of Decision : 27.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 23.03.2023
CPIO replied on : 25.04.2023 and 26.06.2023
First appeal filed on : 16.05.2023
First Appellate Authority's order : 05.06.2023
2nd Appeal/Complaint dated : 16.07.2023
Information sought:
The Appellant filed an RTI application dated 23.03.2023 seeking the following information:
"1. Copy of Show Cause letter regarding withdrawal of recognition issued to GD Goenka Public School sector 9 Rohini Delhi by your office Page 1 of 5
2. What all actions have been taken against the GD Goenka Public School sector 9 Rohini Delhi for not following the guidelines issued as prescribed in the SCN dated 7/9/2021 (refer reply uploaded on PGMS complaint no 2021107334 annexure no.1)
3. Name of the officers responsible to take action against GD Goenka Public School sector 9 Rohini Delhi for not following the guidelines issued as prescribed in the SCN dated 7/9/2021 (refer reply uploaded on PGMS complaint no 2021107334 annexure no.1).
4. Are Health and hygiene Charges collected by GD Goenka Public School Sector 9 Rohini falls under Earmarked Levies
5. Are Safety and security Charges collected by GD Goenka Public School Sector 9 Rohini falls under Earmarked Levies
6. Under which sections of Delhi School Education Act actions have been initiated against GD Goenka Public School Sector 9 Rohini in the year 2021-2023.
7. Name of all the teachers presently teaching in GD Goenka Public School Sector 9 Rohini Delhi along with their educational qualification.
8. List of all students studying in GD Goenka Public School Sector 9 Rohini which falls under EWS Category.
9. Name of all the PTA members (current) for GD Goenka Public School Sector 9 Rohini
10. Whether having PTA members mandatory for every private unaided public school (if yes support with circular/order).
11. What is the time period for having PTA members elections in private unaided public school in Delhi."
The CPIO furnished a reply to the Appellant on 25.04.2023 stating as under:
"1. As per CIC order passed by CIC in the matter Mr. Ram Kishan V/s GNCTD on 19 August, 2015 in the case titled Ram Kishan V/s GNCTD. In the said order CIC has rejected the IInd appeal and observed as under:-
Once the applicant is subjected to the jurisdiction of the Court of law, either as a petitioner or respondent, he will have to follow and complete Page 2 of 5 the process in a Court of law. The common sense and the common law explains that a citizen cannot run the process for two remedies at a time, on the same subject matter, each of which will obstruct the other. The action of the appellant in seeking information through the RTI Act about a case pending for trial in a court of law, without attending the court, reflects malicious intention and it would amount to obstruction in the legal proceedings and also disrespect to the process of adjudication."
Being dissatisfied, the appellant filed a First Appeal dated 16.05.2023. The FAA vide its order dated 05.06.2023, held as under:
"The applicant has filed the First Appeal against the reply of his RTI No Nil dated 23.03.2023 stating therein that he is not satisfied with the reply provided to him by the PIO. After going through the Appeal filed by the applicant, RTI application, information provided by the PIO, it is observed that the information provided by the PIO is not satisfactory. The PIO is directed to provide the revised reply to the applicant within 10 days.
Hence the appeal is disposed off."
In compliance with FAA order, the PIO vide its letter dated 26.06.2023 had provided reply to the Appellant, which states as under:
"1 to 6. In this regard file has been already moved to the higher authorities vide diary no-536/ZXIII/27.04.23.
7 & 8. Third party information hence can not be provided. 9. Not maintained/available in zonal office.
10. Yes, available on public domain.
11. Every alternate year beginning from the academic session."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Shri Devendra Kumar Jain, Principal present in person.Page 3 of 5
Written submissions of the Respondent are taken on record and the same is reproduced hereinbelow:
"1. Sh Ankit Mann has filed an application dated 23.03.2023 under RTI Act 2005 bearing RTI ID No. 1384/Z-XIII dated 24.03.2023 regarding fee charging under head "HEALTH AND HYGIENE CHARGES" and "SAFETY AND SECURITY CHARGES"
by the G.D. Goenka Public School, Sector-9, Rohini, Delhi.
2. DoE has issued a Show Cause Notice dated 14.07.2023 to the G.D. Goenka Public School, Sector-9, Rohini, Delhi directing to refrain from charging "HEALTH AND HYGIENE CHARGES" and "SAFETY AND SECURITY CHARGES" "Lab & IT Charges' and Orientation charges' from the students and in case, these charges have been collected from parents/students, the same may be refunded or adjusted in the upcoming fee quarter. (a copy attached).
3. Since the cases regarding fee hike/fee charging are sub-judice in High Court W.P.(C) 974/2023. Accordingly, RTI was replied to appellant by the PIO, Zone- XIII vide letter dated 21.04.2023 (a copy attached).
4. In the above case, Hon'ble Court has directed to DoE vide order dated 25.07.2023 that 'the respondent is restrained from taking any coercive steps against the petitioner school pursuant to the impugned order, till the next date of hearing. Further, Hon'ble Court, in its order dated 18.10.2023 has imposed a cost of Rs. 5/- upon the applicant. The Next date of hearing is 20.12.2024.
5. The applicant filed first appeal to the office of First Appeal Authority/RD concerned on 22.05.2023. As per order by FAA the revised reply of RTI was sent to the applicant vide letter dated 26.06.2024 (a copy attached)."
The Respondent while defending their case inter-alia submitted that vide their letters dated 25.04.2023 and 26.06.2023, they have provided complete point- wise reply/information to the Appellant informing him the factual position in the matter.
Decision:
The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that the Appellant in his second appeal is aggrieved that till date complete and correct information has not been provided to him by the Respondent. From the perusal of the records, the Commission observes that the issues raised by the Appellant through his RTI Page 4 of 5 application, and also in second appeal are in larger public interest, as many parents of students studying in private schools are getting effected with the increase in fees camouflaged as different heads. But the Respondent instead of giving complete information has provided ambiguous response. The Respondent should have obtained information from the concerned school and provide the same to the Appellant.
In the light of above facts and circumstances, the Respondent is directed to take assistance under Section 5(4) of the RTI Act from the concerned school w.r.t the information sought in the RTI application and provide point-wise information to the Appellant, free of cost, within four weeks from the date of receipt of this order as per the provisions of the RTI Act.
The FAA is directed to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
Regional Director of Education (North) First Appellate Authority, Govt. Co-ed Sarvodaya Vidyalaya FU Block, Pitampura, Delhi-110088 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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