Central Information Commission
Bikash Chandra Nath vs Central Board Of Secondary Education on 23 April, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/CBSED/A/2023/600040
Bikash Chandra Nath ... अपीलकता /Appellant
VERSUS
बनाम
CPIO: CBSE, New Delhi
... ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 27.10.2022 FA : 27.11.2022 SA : 01.01.2023
CPIO : 23.11.2022 FAO : 26.12.2022 Hearing : 19.04.2024
Date of Decision: 22.04.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 27.10.2022 seeking information regarding operation of multiple parallel school using same name and logo in the name of Sudhir Memorial Institute on the following points:
(i) Please furnish the CBSE Affiliation numbers with school codes for all those above mentioned three schools from your records which are running in the name of Sudhir Memorial School, located at different places in Kolkata suburban areas/districts in West Bengal.Page 1 of 7
(ii) Please furnish the details of which year those above schools got CBSE affiliation and its year of validity.
(iii) Please furnish the copies of that affidavit which was mandatorily required to be submitted by all those four schools swearing in before the First-class Magistrate to get Affiliation as per format in Appx-IV as mentioned in Para-15.4.2 of Ch-15 of CBSE Affiliation Bye-Laws-2018.
(iv) Please state the names of the Trust/Society which run the above-mentioned schools.
(v) Please state whether all those above-mentioned schools maintain their separate bank accounts from the society and maintain its books of accounts independently as per Para-6.5 of Ch-6, of CBSE Affiliation Bye-Laws-2018.
(vi) If no records are available with you as sought above based on the stated facts, then whether all those three schools would be deemed non-affiliated by the CBSE or not. State, then what will be the further course of action of CBSE as per Affiliation Byelaws 2018.
2. The CPIO replied vide letter dated 23.11.2022 and the same is reproduced as under:-
"Point (i) - no. of the schools you may go through the following CBSE portal link http://saras.cbse.gov.in/SARAS/AffiliatedList/ListOfSchdirReport Point (ii) to (iv) - As the information is voluminous, you are requested to kindly provide the specific school affiliation number so that the information may be provided on an availability basis. Point 5 Every school is expected to abide by the Affiliation Byelaws of the Board and directives issued through circulars from time to time which may refer to at cbse.nic.in. Point 6 kindly refer point 2-4. Further, it is found that your RTI is a complaint in nature, so you can submit the complaint with evidence to Section Officer, Grievance Cell, Affiliation Branch, Preet Vihar, Delhi - 110092 or send by email to [email protected] for necessary action."Page 2 of 7
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.11.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 26.12.2022 upheld the reply given by the CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 01.01.2023.
5. The appellant attended the hearing through video conference and on behalf of the respondent Shri Pankaj Kshetry, CPIO attended the hearing in-person.
6. The appellant inter alia submitted that CBSE Board is the Affiliation sanctioning authority to those schools seeking permission to run schools following CBSE pattern. He further stated that the Affiliation of the schools were to be granted/renewed to those who fulfilled the mandatory eligibility criteria as per Para-15.4.2 of Chap-15 of CBSE Affiliation Bye-Laws 2018. Moreover, the schools fulfilling all the eligibility criteria were required to submit an affidavit followed by physical inspection by the CBSE team to get affiliation. He contended that the CBSE's claim that the information was not available in material records, was unacceptable.
7. The respondent while defending their case inter alia submitted that the appellant had raised allegations against the respondent authority regarding eligibility criteria for CBSE affiliation not being followed. However, the CPIO relied upon their final detailed submissions sent on 18.04.2024 and the same is extracted as under:
"Point 1, 2 and 4:
As part of suo motu disclosure in accordance with Section 4(2) of the RTI Act, 2005 a District/State-wise updated list of all CBSE Affiliated Schools of CBSE has already been disclosed by CBSE on its website. An updated directory of Schools affiliated with the CBSE is available on CBSE website https://saras.cbse.gov.in/SARAS or can be accessed by visiting the website link:
https://saras.cbse.gov.in/SARAS/AffiliatedList/ListOfSchdirReport.Page 3 of 7
Or direct link:
https://saras.cbse.gov.in/saras/AffiliatedList/AfflicationDetails/2430067 The desired information about affiliation status of any school can be obtained from the given website by way of keyword search if affiliation is not known to the appellant.
Yet, based on the request of the appellant, the following information is being provided after being drawn from the CBSE website(s):
Point 1:
As per available information, Sudhir Memorial Institute; Doltala, Jessore Road, Madhyamgram, North 24 Parganas, West Bengal-743250 is as on date affiliated with CBSE vide Affiliation No. 2430067. The School has been allotted School code as 15697.
The above information is also available on CBSE website www.cbse.gov.in under GIS Mapping of Schools or under the direct https://saras.cbse.gov.in/maps/finalreportDetail?AffNo=2430067 link given below:
Rest of the three Schools cited by the appellant is as on date not found available in the online directory of CBSE affiliated or disaffiliated Schools. Hence, no information is available in this office with regard to the Schools not affiliated with this Board.
Point 2:
Sudhir Memorial Institute; Doltala, Jessore Road, Madhyamgram, North 24 Parganas, West Bengal-743250 (CBSE Affiliation No. 2430067) was granted Fresh CompositeAffillation with CBSE In the year 2002. The current/on-going validity period of Affiliation of the School is from 01/04/2021 to 31/03/2026.Page 4 of 7
The above information is also available on CBSE website(s) www.cbse.gov.in and https://saras.cbse.gov.in/SARAS under GIS Mapping of Schools or under the direct links given below:
https://saras.cbse.gov.in/maps/finalreportDetail?AffNo=2430067 AND https://saras.cbse.gov.in/saras/AffiliatedList/AfflicationDetails/2430067%20 Point 3:
The affidavit furnished by Sudhir Memorial Institute; Doltala, Jessore Road, Madhyamgram, North 24 Parganas, West Bengal-743250 (CBSE Affiliation No. 2430067) in the format as then applicable at the time of seeking fresh affiliation is enclosed for information as desired Point 4:
As per available information, Sudhir Memorial Institute; Doltala, Jessore Road, Madhyamgram, North 24 Parganas, West Bengal-743250 (CBSE Affiliation No. 2430067) is managed by Panchjanya Trust Kolkata.
The above information is also available on CBSE website or under the direct link given below:
https://saras.cbse.gov.in/SARAShopssaras.cbse.gov.in/saras/AffiliatedList/Afflicati onDetails/2430067%20 Point 5:
The justification sought by the appellant in the guise of information does not fall within the definition of Information as per Section 2 (f) of the RTI Act 2005. Such Justifications and explanation cannot be classified as information.
Nevertheless, it is informed that as per norms of affiliation laid down under Chapter 6 Clause 6.5 of CBSE Affiliation Bye-Laws 2018, the school shall separate its account from the society and maintain the books of accounts independently.
Appendix IN containing the presently applicable format of Affidavit dt. 27.01.2020 Page 5 of 7 furnished by the concerned CBSE affiliated School is enclosed for information in this regard. Besides, no other information as desired is collected from the School.
Point 6:
As per available information, Sudhir Memorial Institute, located at Doftala, Jessore Road, Madhyangram, North 24 Parganas, West Bengal-743250 is only affiliated with CRSE as on tare vide Affiliation No. 2430007, Rest of the three Schools as clad by the appellant L.) Ruchir Memorial Institute, Gubardanga, 24 Parganas, West Bengal, (ii) Sudhir Memorial Institute, Liluah, Howrah, West Bengal and (iii) Sudhir Memorial Institute, Purba Medinipur. West Bengal; are as on date not found available in the online directory of CBSE affiliated or disaffiliated Schools.
An updated directory of Schools affiliated with/disaffiliated by CBSE is available on CBSE website https://saras.cbse.gov.in/SARAS or can be accessed by visiting the website link https://saras.cbse.gov.in/SARAS/AffiliatedList/ListOfSchdirReport. https://saras.cbse.gov.in/saras/AffiliatedList/ListOfSchdirReportNew?ID1=D • Besides, the appellant has also sought information with respect to further course of action of CBSE as per Affiliation Bye-Laws 2018 regarding operation of multiple parallel schools using same name and logo of the CBSE Affiliated School The appellant is informed that as per Chapter 12 of CBSE Affiliation Bye-Laws 2018, the Board may impose all or any of the penalties mentioned in clauses 12.1.1 to 12.1.10, if a School is found violating the provisions of the Affiliation Bye Laws Examinations Bye-Laws of the Board. The procedure for imposition of penalties has been laid down by the Board under Chapter 13 of CBSE Affiliation Bye-Laws 2018. CBSE Affiliation Bye-Laws can be accessed from the following website or the given link: https://saras.cbse.gov.in/SARAS https://saras.cbse.gov.in/saras/ui/assets/affiliation_bye_laws/Affiliation-Bye- Laws- English.pdf"Page 6 of 7
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that appropriate reply was given by the CPIO vide letters dated 23.11.2022 and 18.04.2024. The respondent explained and gave details of affiliation of the schools referred to in the subject-matter of the RTI application. That being so, the Commission finds no ground for further intervention in the allegations raised in the form of RTI requests. Further, point-wise information having been furnished, there appears to be no scope of further relief. Accordingly, the appeal is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 22.04.2024
Authenticated true copy
Col S S Chhikara (Retd) (कन ल एस एस िछकारा, ( रटायड ))
Dy. Registrar (उप पंजीयक)
011-26180514
Addresses of the parties:
1. The CPIO
Central Board of Secondary Education,
CPIO (Coordination Unit), "Shiksha Kendra",
Headquarter, 2, Community Centre Preet Vihar,
Delhi - 110092
2. Bikash Chandra Nath
Page 7 of 7
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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