Central Information Commission
Kamalakania Malik vs Department Of School Education And ... on 15 November, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/DSELI/A/2018/133555/02134
File no.: CIC/DSELI/A/2018/133555
In the matter of:
Kamalakanta Malik
... Appellant
VS
Central Public Information Officer
Ministry of Human Resource Development
Department of School Education and Literacy,
Shastri Bhawan, Dr. Rajendra Prasad Road,
New Rajpath Area, Central Secretariat, New Delhi - 110 001
... Respondent
RTI application filed on : 07/03/2018 CPIO replied on : Not on record First appeal filed on : 09/04/2018 First Appellate Authority order : Not on record Second Appeal dated : 18/05/2018 Date of Hearing : 14/11/2019 Date of Decision : 14/11/2019 The following were present:
Appellant: Not present Respondent: Hitender Chand, Assistant & CPIO, present in person.
Information Sought:
The appellant has sought the following information:
1. Whether the certificate issued by government unrecognised private elementary school throughout India is valid or not.
2. Whether such students are eligible or not to get admission in Govt./Govt.
recognised private elementary secondary school.
13. If such students are eligible to get admission in Govt./Govt. recognised private elementary secondary school, then what is the necessity of issuing Govt. recognition to private elementary school.
4. And other related information.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present to plead his case.
The CPIO submitted that the original RTI application was not filed with them but it was forwarded to them by the EE- Section, Department of School Education & Literacy. After receipt of the RTI application, they immediately forwarded the same to the CBSE, Shiksha Kendra as the information pertained to them.
On a query by the Commission whether any final reply was provided by the CBSE to the appellant or not, the CPIO was not able to give any answer and seemed to have come unprepared for the hearing.
Observations:
From a perusal of the relevant case records, it is noted that till date no final reply has been provided to the appellant. The CPIO present during the hearing was also not aware what had happened after the transfer of the RTI application to the CBSE. Moreover, the appellant was also not present to submit anything in this regard.
The Commission expresses its displeasure at the conduct of the CPIO for coming unprepared before the Commission regarding the facts of the case which not only wastes the time of the Commission but of the public authority also.
Decision:
Based on the above observations, the present CPIO is directed to provide the relevant information to the appellant after seeking assistance u/s 5(4) of the RTI Act from the holders of the information. This direction is to be complied 2 File no.: CIC/DSELI/A/2018/133555 with within a period of 15 days from the date of receipt of this order under intimation to the Commission.
The CPIO is also instructed to henceforth ensure appearance for the hearing only after adequate preparation with all the facts of the case and the status of the replies.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3