Central Information Commission
Amit Kumar vs Directorate Of Education on 6 March, 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/2018/616357
Shri Amit Kumar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO/DDE (Zone-II), Madhuban ...प्रनतवादीगण /Respondent
Road, School Building, Shakarpur
Delhi
PIO/DDE (E), RTI Branch,
Anand Vihar, Delhi
Through: Dr. J.C. Yadav, PIO/DDE Zone-II
Date of Hearing : 05.03.2020
Date of Decision : 06.03.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 10.01.2018
PIO replied on : 13.02.2018
First Appeal filed on : 24.02.2018
First Appellate Order on : 15.03.2018
2ndAppeal/complaint received on : 02.04.2018
Information soughtand background of the case:
Appellant filed RTI application dated 10.01.2018 seeking information through 10 points pertaining to Preet Public Senior Secondary School, B-Block, Preet Vihar, Delhi - 110092.He specifically sought as under:
1. Does the school, being a recognized private, unaided school allocated ID no.
1002280 by the Directorate of Education, Government of National Capital of Delhi, adhere to and follow all the rules and regulations prescribed by the following government Acts/Rules/Byelaws/notifications in word and spirit:
a. Delhi School Education Act, 1973?
b. Delhi School Education Rules, 1973?
c. Right of Children to Free and Compulsory Education Act, 2009? d. Delhi Right of Children to Free and Compulsory Education Rules, 2011 (Notification No.DE.23(462)/Sch.Br./10/ 17- 33 dated 23/11/2011 issued by the Lt. Governor of National Capital Territory of Delhi)? e. Delhi School Education (Free Seats for Students belonging to Economically Weaker Sections) Order, 2006?
f. The following circulars issued by the Government of NCT of Delhi?Page 1 of 3
i. No: F.DE.15/ Act-I/ 2013/ 12810-20 dated 18/12/2013. ii. No: F.DE.15/ 1031/ ACT/ 2013/ 12795-12809 dated 18/12/2013. iii. No: F.DE.15/1031/ACT/2013/2096-3007 dated 27/12/2013. iv. No: F. 15(172)/DE/Act-I/2010/20109-20123 dated 30/12/2013. v. No: DE/15/1031/Act-IiPart-1/20448-20452 dated 10/01/2014 vi. No: F.DE.15/Act-112013/20477-90 dated 15/01/2014 vii. No: F.DE.15/Act-L/2013/20562-574 dated 20/01/2014 If so, please provide all necessary details. If not, what action can/should the DoE, Delhi initiate against the school?
2. Is the DoE supposed to conduct regular inspections of private, unaided schools recognized by it? If so, was this school in question ever inspected by it, and if so, when was the last time it was inspected? If not, why not? Please provide complete details, and share the inspection report. Did the report find any lacunae? If so, what action was taken to address the same? Etc. PIO/ADE (E), vide letter dated 29.01.2018 transferred the RTI application to DDE (Zone-II), Shakarpur, Delhi.
PIO/DDE (Zone-II), vide letter dated 13.02.2018 intimated to the Appellant that as per provisions of Section 2(f) of RTI Act the reply to the questions as well as reasons do not fall under the category of information.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 24.02.2018. FAA vide order dated 15.03.2018 directed the PIO to provide complete/correct revised reply to the Appellant within 10 days therefrom.
In compliance with the order of the First Appellate Authority, PIO/DDE (Zone-II) vide letter dated 21.03.2018 maintained same stand that the information sought does not come under definition of information as per Section 2(f) of the RTI Act.
Feeling aggrieved over the non-compliance of the FAA order, Appellant approached the Commission in the instant Second Appeal.
Facts emerging in Course of Hearing:
Communication dated 18.12.2019 has been received from PIO/Asst. Dir. of Education (East) instructing the PIO/DDE (Zone-II) to attend the present hearing.
Respondent alone is present for hearing while the Appellant has not appeared despite service of hearing notice in advance. Respondent submitted that the information sought in the instant RTI application is outside the purview of Section 2(f) of RTI Act. He further submitted that in compliance of the order of the First Appellate Authority, suitable reply has also been provided to the Appellant on 21.03.2018. In addition, he explained that the Appellant is harping on a grievance and that the Preet Public Senior Secondary School, B-Block, Preet Vihar, Delhi - 110092 is not covered under the provisions of the RTI Act, 2005, being a private unaided school.Page 2 of 3
Decision:
Upon perusal of facts on records, Commission observes that the PIO has reiterated his initial reply despite the First Appellate Authority directing him to "provide complete/correct revised reply". However, the Commission presumes that some information must be readily available/held with the PIO under Rule 180 of The Delhi School Education Act and Rules, 1973 (DSEAR, 1973).
Perusal of the provisions of the DSEAR, 1973 reveals that the Act has empowered the Directorate of Education with sufficient mechanisms to exercise proper control and monitoring of schools by virtue of making it necessary for the schools to submit necessary documents or follow stipulated provisions of the Act. The PIO must, upon receipt of the instant RTI application concerning to a private unaided school, apply his mind as to what information can be readily furnished. Besides, Commission also advises the Appellant that he should have approached an appropriate forum for grievance redressal as the RTI Act does not provide for this.
Nonetheless, on the basis of the submissions of the PIO, Commission sets aside the reply of the PIO dated 13.02.2018 and 21.03.2018 as untenable and directs the PIO/DDE (Zone-II) to provide a revised reply with relevant information as available in the records to the Appellant within 3 weeks from the date of issue of this order and submit a report of compliance by 31.03.2020.
It is made clear that non-compliance of these directions shall attract appropriate penal action against the PIO.
The appeal is thus disposed of with these 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 Page 3 of 3