Central Information Commission
Anjali Srivastava vs East Delhi Municipal Corporation ... on 23 February, 2018
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
CIC/EMCDN/A/2018/104814
CIC/EMCDS/A/2018/104818
CIC/NDMCL/A/2018/104815
CIC/NDMCK/A/2018/104813
CIC/DIRED/A/2018/104816
CIC/DIRED/A/2018/104812
Date of Hearing : 15.02.2018
Date of Decision : 15.02.2018
Appellant/Complainant : Mr. Anjali Srivastava
Through: Priyanka Sharma and
Pooja Verma
Respondent : PIO
Asst. Director of Education, EDMC
Through: Sh. Rajesh Joshi-ADE(E);
Neha Shankar - SO; Deependra
Kumar Singh- APIO; Gautam Arora
- ADE(E); SI Vijay
Mr. Sanjay Goyal - PIO; Ms. Sunita
Rao-ADE; Rizwan Haider
Pushpa Devi and Sangita Jain
Information Commissioner : Shri Yashovardhan Azad
Case No. RTI filed on CPIO reply First appeal FAO
104814 03.04.2017 - 12.08.2017 03.11.2017
104818 03.04.2017 14.07.2017 20.09.2017 17.11.2017
104815 03.04.2017 30.05.2017 20.09.2017 30.10.2017
104813 03.04.2017 24.04.2017 20.09.2017 23.11.2017
104816 03.04.2017 22.05.2017 09.10.2017 13.11.2017
104812 03.04.2017 09.06.2017 22.09.2017 20.10.2017
Since the parties in all of the above cases are common, the matters are
clubbed for the purpose of effective adjudication
Information soughtand background of the case:
Vide RTI application dated 03.04.2017, the appellant sought information about total number of students who were continuously absent in Shahdara North Zone of East Delhi Municipal Corporation Schools. (for 2016-17 Academic Year).
CIC/EMCDN/A/2018/104814 CIC/EMCDS/A/2018/104818 The CPIO vide letter dated 14.07.2017 furnished the list of Absentee students of different schools. Dissatisfied with response received from PIO, the appellant filed first appeal. The FAA vide letters dated 03.11.2017 and 17.11.2017 directed the PIO, Education Department, Shahdara North Zone and PIO, Education Department, Shahdara South Zone to provide the information within 15 days. Feeling aggrieved upon non receipt of complete information, the appellant approached the Commission.
The Respondent PIOs for both North Zone and South Zone stated that they have provided some information already, in terms of directions of the FAA. However, the appellant contends that some information has not yet been provided.
Decision The Commission hereby directs both the PIOs of North and South Zones of Education department, Shahdara to provide the complete and correct information, within three weeks of receipt of this order. A compliance Report shall be submitted before the Commission within a week thereafter.
CIC/NDMCL/A/2018/104815 In response to RTI application dated 03.04.2017, the concerned officer, ADE/S.I./OS APIO/CLZ and Dy. Director Education, CLZ, furnished information as under:-
"This is to inform that information sought by the applicant is not available in the office of undersigned. However, the related record is kept with school concerned which is available in student attendance register of each section. There are almost 2125 sections in 187 primary schools run by North-DMC in civil line zone. It will take 8 pages to get attendance record on each page to get attendance record on each page printed. The applicant is required to provide the name of a particular school of which record is required or pay 34000/- (8x2125x2) i.e. @ Rs.2/- per copy) in the Municipal treasury so that record may be copied and sent to the applicant. This is further informed that the record is voluminous and huge and may take time to get is collected."
Dissatisfied with response received from PIO, the appellant filed first appeal. The FAA vide letter dated 31.10.2017 directed the PIO, Dy. Director (Education), C.L. Zone to provide a comprehensive and detailed pointwise reply to the appellant within 15 days. Records reveal that vide reply dated 16.11.2017, in compliance of the FAA's order, information was duly furnished to the appellant. Still aggrieved, the appellant approached the Commission.
Decision Perusal of records reveal that information as available about the continuous absentee students for the Academic Year 2016-17 has been duly furnished to the appellant vide letter dated 16.11.2017, as enclosed by the appellant with the Second Appeal. In the event, the appellant seeks another copy of the same, the Respondent shall furnish the same to her.
CIC/NDMCK/A/2018/104813 In response to RTI application dated 03.04.2017, the concerned officer PIO(Edu)/KBZ and APIO (Edu.)/KBZ replied requesting him to collect the required information from the schools directly on the scheduled time as mentioned in reply of CPIO. Dissatisfied with response received from PIO, the appellant filed first appeal. FAA vide letter dated 23.11.2017 directed the PIO to provide required information as per rule to appellant within 10 days. Feeling aggrieved as not received complete information, the appellant approached the Commission.
Decision The respondents state during the hearing that information as sought by the appellant is not collected at the Zonal level and hence they have no compilation available of such information. However, the Appellant was requested to obtain the information readily available from the Schools. The Respondent expressed their difficulty stating that the desired information involved data of 124 schools comprising of 42,000 students. Compiling such data at their end would divert their limited resources disproportionately and hence the Appellant was requested to collect the information from the schools directly.
The Commission directs the PIO-DDE to submit an affidavit clarifying the reason as to why they were unable to provide the information from their level, in effect reducing their oral averments as stated during the hearing into a written statement. This Affidavit of the PIO should be done on a Non judicial stamp paper and submitted before the Commission within a week of receipt of this order.
CIC/DIRED/A/2018/104816 In response to RTI application, FAA directed the PIO to provide reply by compiling it from schools at their level in the form and manner information is available. Feeling aggrieved as not received complete information, the appellant approached the Commission.
Decision Perusal of records reveal that Respondent has submitted a written statement dated 13.02.2018 stating that though the DDE/Zones have stuck to their position and existing policy citing shortage of staff, the information as forwarded by the DDE Zone-25 and 29, has been duly provided to the appellant.
In the event that the appellant has not received the same, a copy of the same is directed to be provided to the appellant within a week from her seeking another copy.
CIC/DIRED/A/2018/104812 In response to RTI application, the DDE, Zone -III informed that the no such information is maintained in his office. The FAA vide letter dated 20.10.2017 informed that the information has already been provided to the appellant. Feeling aggrieved as not received complete information, the appellant approached the Commission.
Decision Perusal of records reveal that Respondent has submitted a written statement dated 09.02.2017 stating that information about long absentee students as available with them have been published on the website and a copy of the said information has been enclosed with the statement as Annexure F. The Commission directs the ADE(E) to furnish a copy of the same submissions inclusive of the annexure, to the appellant within a week from receipt of this order and submit a Compliance Report in this regard before the Commission.
Conclusion Before parting with the decision in this case, the Commission finds this as a model case wherein a very important query has been raised by the appellant, relating to long absentee students in the Schools run by the Government agencies. Such information should be readily available not only with the Schools but with the Education Department in order that effective measures can be taken for eradication of this problem. Unless the Department concerned is armed with such information about the students, no effective remedial steps can be taken to tackle the problem. And since the importance of education per se is being rightly sought to be emphasised by the Government through legislations and welfare schemes, it is most important that the real beneficiaries thereof, i.e. the students should be given utmost priority. No amount of welfare measures or subsidies given to students will achieve the actual target of sarva shiksha abhiyaan unless the problems faced and causes of absenteeism or drop outs among the students is identified and effectively remedied. In order to take any remedial measure, monitor or govern the system it is of utmost importance that the authorities concerned are prepared with the data relating to the students. Hence, the Commission recommends that the Education Departments at all levels should focus towards preparing themselves with more relevant information from the grass root level, about the students, the beneficiaries of education in these schools, in order that our society can yield better citizens for a better tomorrow.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer