Central Information Commission
Mr.Inder Mohan Singh vs Directorate Of Education, Gnct, Delhi on 16 September, 2010
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003218/6912Adjunct
Appeal No. CIC/SG/A/2009/003218
Appellant : Mr. Inder Mohan Singh,
Chairman [Legal Affairs]
Delhi Sikh Gurudwara Prabhand
Sudhar Action Committee,
1, Hari Nagar Ashram,
New Delhi-110014
Respondent : Mrs. H. K. Talwar
Principal & PIO
Guru Harkrishan Public School
West Jyoti Nagar, Shahdara,
Delhi-110094
RTI application filed on : 05/11/2009
Respondent replied : 16/11/2009
First Appeal filed on : 18/11/2009
First Appellate Authority order : Not mentioned.
Second Appeal Received on : 02/12/2009
Notice of Hearing Sent on : 05/01/2010
Hearing Held on : 04/02/2010
Information sought:
1.a).Giving the list of six employees (sl.no. 8 to 13 of enclosure) Appellant stated that an appeal was filed by "Jathedar Kuldip Singh Bhogal Vs. Delhi Sikh Gurudwara Management Committee & others", the Principal of the said above school filed an affidavit dated 15/10/2009 with the CIC to the effect that the employees mentioned at S.No. 8 to 13 of Para No. 5 of the above said appeal "who appear to be overage or under qualified were given relaxation as per relevant rules at the time of their appointments"
b) Appellant requested for a copy of the Orders and/or noting containing justifications regarding grant of relaxation in respect of each employee separately mentioned in the enclosed list.
PIO's Reply:
Since the school is an unaided private school, RTI Act can not be made applicable to the Unaided Private Institutions which are otherwise not applicable to them.
Grounds for First Appeal:
Information denied.
1. Appellant stated that said school run by the Delhi Sikh Gurudwara Management Committee, hence the said school is also a "Public Authority".
2. The information sought is not exempted.Page 1 of 4
Order of the First Appellate Authority:
Not mentioned.
Reply to the First Appeal:
1. Delhi Sikh Gurdwara Management Committee is covered under RTI Act. Delhi Sikh Gurudwara Management Committee can supply information available with them.
Guru Hairkrishan Public School West Joyti Nagar, Shahdara Delhi is run by the School management. It is a private and unaided school. It is not established under Delhi Sikh Gurudwara Act, 1971. Therefore it is not covered under the RTI Act. 2005. Our School, thus, cannot supply information.
2. Information sought is exempted under the RTI Act.
Grounds for Second Appeal:
Irrelevant & contradictory information. Appeal not heard.
Relevant Facts emerged during the Hearing on 04 February 2010:
"The following were present Appellant: Mr. Inder Mohan Singh;
Respondent: Absent;
The appellant states that he has given detailed arguments in his appeal to support his claim that Guru Harkrishan Public Schools are public authority under RTI Act. These grounds are as follows:
"All the Guru Harkishan Public Schools" are part and parcel and directly under the control of Delhi Sikh Gurdwara Management Committee on the following grounds:
(i) That these Schools were established by the said Committee;
(ii) That the said Committee purchased land from the Government on Concessional Rates and incurred entire expenditure for purchase of land and construction of buildings for these Schools from its account;
(iii) That the Governing bodies/Managing Committee of these Schools are constituted/dissolved by the said Committee from time to time. A copy of order/letter Dt. 09/05.2009 regarding dissolution of the Governing Bodies of all Schools, Hospitals & Institutions are annexed herewith as Annexure A-2.
(iv) That the transfers of Principals, Teaching & Non-teaching staff from one school to another is made by the said Committee.
(v) That the Balance Sheets of these Schools are clubbed with the balance sheets of the said Committee, while seeking Income-Tax exemptions;
(vi) That funds are given by the said Committee to run these Schools in case of any deficit;
(vii) The land for these schools are allotted by the Government on concessional rates.
Income-Tax and House Tax rebate is given to these Schools. Hence, these Schools are also directly & indirectly financed by the Government.
(viii) All these Schools are recognized by the Directorate of Education, Govt. of NCT of Delhi and affiliated with the Central Board of Secondary Education, Delhi. Thus, these Schools have to follow the "Delhi Schools Education Act" and are answerable to the Government.
(ix) The control of the Committee on Guru Harkrishan Public School is further established by the following orders/letters issued by the said Committee:-
1- Orders/letter Dt. 14.05.2009 issued by the Chief Administrator of the Committee giving directions to all the Page 2 of 4 schools/institutions/hospitals/dispensaries being run by the said Committee, to seek prior approval of the Committee while making any appointment, promotion & Special Increments. A copy of such letter dt. 14.05.2009 is annexed herewith as Annexure A-3.
2- Order Dt.15.05.2009 issued by the Chief Administrator of the Committee in which all the confirmation granted to the employees of DSGM/Schools/Institutions/Hospitals/Dispensaries run under the said Committee prior to completion of one year of service were cancelled. A copy of the said letter Dt.15.05.2009 is annexed herewith as Annexure A-4. 3- Office order Dt. 19.06.2009 issued by the President of the said Committee in which all appointments, promotions including new posts/ranks, special scale, increment made during 9th Feb., 2007 to 9th May, 2009 made in Guru Harkrishan Public Schools, Kalkaji and Hemkunt Colony Branches in Delhi were cancelled. A copy of the said office order Dt. 19.06.2009 is annexed herewith as Annexure A-5.
In view of above, all these Schools being run under the management of the said Committee come under the preview of the Right to Information Act, 2005 and liable to provide information under the said Act."
Order was reserved during the hearing.
Decision announced on 19 February 2010:
"The Commission in its Decision no. CIC/SG/A/2009/003014/6859 dated 10 February 2010 decided that the complete Board is nominated by the Gurudwara Prabhandak Committee and at least 9 members are members of the Gurudwara Prabhandak Committee, New Delhi. Thus it is clear that the Gurudwara Prabhandak Committee has complete and pervasive control over the affairs of Guru Harkrishan Public School. In view of this the Guru Harkrishan Public School is effectively a mere extension of the Gurudwara Prabhandak Committee and would have to provide information under the RTI Act. Hence the information would have to be provided. Since the school is at a separate location from the Delhi Sikh Gurudwara Prabandhak Committee the school must have a PIO as per the provisions of Section 5(1) of the RTI Act. The school is directed to appoint a PIO before 28 February 2010."
The appeal was Allowed.
"The PIO of the Guru Harkrishan Public School is directed to provide the Complete information to the Appellant before 15 March 2010."
Facts leading to show cause hearing on 16/09/2010:
The Commission received a letter dated 03/08/2010 from the Appellant wherein he had alleged that he had not been provided complete information till date. The PIO was directed to provide complete and correct information to the Appellant before 08/09/2010. A copy of the same information was to be delivered to undersigned by 15/09/2010. The PIO was further directed to appear before the Commission at the above mentioned address on 16/09/2010 at 4.00 p.m. along with written explanation to show cause why a penalty should not be imposed on him under section 20 (1) and (2) of the RTI Act, 2005.Page 3 of 4
Relevant Facts emerged during the Hearing on 16 September 2010:
The following were present Respondent: Mr. Satpal Singh, OS on behalf of Mrs. H. K. Talwar, PIO & Principal; Mr. Pramajit Singh, Advocate;
The respondent states that the PIO has been appointed and the desired information has been sent to the appellant vide speed post receipt no. ED088710851IN on 06/09/2010. It appears that the information has now been provided. Since the public authority had obtain the stay from the Delhi High Court against the Commission decision declaring them the public authority they have not provided information as per the order of the Commission. Now that the matter is settled the public authority is following the provision of the RTI Act. In view of this the Commission drops the penalty proceedings under Section 20(1) of the RTI Act.
The Commission directs the public authority to also ensure that the requirements of Section-4 are duly complied with before 30 October 2010.
Adjunct Decision:
Delhi Sikh Gurudwara Management Committee is directed to ensure compliance of Section-4 of the RTI Act before 30 October 2010.
The PIO is directed to email the report before 30 October 2010 along with the url address where the information has been uploaded to [email protected]. The Report must include:
1. Measures taken to fulfill disclosure obligations under Section 4 including making information available on your official website.
2. Measures put in place to ensure regular updating of the information uploaded on the websites.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 16 September 2010 (In any correspondence on this decision, mention the complete decision number.)Rnj Page 4 of 4