Indian Kanoon - Search engine for Indian Law

Central Information Commission

Pankaj Ram vs Kendriya Vidyalaya Sangathan on 24 May, 2024

                                       के न्द्रीय सूचना आयोग
                               Central Information Commission
                                    बाबा गंगनाथ मागग,मुननरका
                                Baba Gangnath Marg, Munirka
                                  नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/KVSAN/A/2023/606313

 Pankaj Ram                                                       ... अपीलकताग/Appellant


                                        VERSUS
                                         बनाम
 CPIO:
 Kendriya Vidyalaya Sangathan,                                 ...प्रनतवािीगण/Respondents
 Paschim Vihar, New Delhi

Relevant dates emerging from the appeal:

 RTI : 31.10.2022                 FA    : 08.12.2022              SA     : Nil

 CPIO : 26.11.2022                FAO : 19.01.2023                Hearing : 17.05.2024


Date of Decision: 22.05.2024
                                          CORAM:
                                    Hon'ble Commissioner
                                  _ANANDI RAMALINGAM
                                         ORDER

1. The Appellant filed an RTI application dated 31.10.2022 seeking information on the following points:

"We have observed that school staff use loud speakers to communicate with students for every small thing and loudspeakers are used in such a high volume where voice of loudspeaker goes beyond half kilometer.

Kindly clarify following:

(i) As per guidelines, is it allowed to use loudspeakers in schools to communicate with students.

(ii) - As per guidelines, for how many minutes, one school can use loudspeaker to communicate with students.

(iii) Has Kendriya Vidyalya Paschim Vihar been using right machines and loudspeakers to communicate with students.

(iv) Has Kendriya Vidyalya Paschim Vihar been following guidelines of WHO to control the volume of loudspeaker.

(v) Has Kendriya vidyalya Paschim vihar been checking hearing health of students which is getting impacted due to use of loudspeaker

(vi) Has school principal took right actions on multiple complaints raised by residents in neighbourhood.

(vii) Has Kendriya Vidyalya Paschim vihar taken approval from relevant authorities to use loudspeaker."

2. The CPIO replied vide letter dated 26.11.2022 and the same is reproduced as under:-

"The information sought by the applicant is not covered under section 2(f) of the RTI Act, 2005, as, the RTT Act is not a forum for answering questions of giving clarification/ opinion. However, as Vidyalaya has to communicate with students at mass level therefore loudspeaker is being used in morning assembly for 20 Minutes at very normal volume."

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.12.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 19.01.2023 stated as:

"I have gone through RTI Application and the information provided by the PIO. Applicant is asking various irrelevant information by raising vague queries whether WHO guidelines are followed or hearing loss to students is measured etc. As such school has provided information regarding usage of loudspeaker.

If Applicant has any grievance on that may raise it at appropriate forum."

4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated Nil.

5. The appellant remained absent and on behalf of the respondent Shri Bachan Singh Pal attended the hearing in-person.

6. The respondent while defending their case inter alia submitted that the appellant had raised hypothetical and speculative questions which were outside the purview of Section 2 (f) of the RTI Act. They further stated that they had additionally informed the appellant that the loudspeakers were only used during the morning assembly for 20 minutes, at minimal volume level.

7. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application as per the provisions of the RTI Act. Further, in the absence of the Appellant to plead his case or contest the CPIO's submissions, the Commission finds no scope of intervention in the matter. Accordingly, the appeal is dismissed.

Copy of the decision be provided free of cost to the parties.

(Anandi Ramalingam) (आनंिी रामललंगम) Information Commissioner (सूचना आयुक्त) दिनांक/Date: 22.05.2024 Authenticated true copy Col S S Chhikara (Retd) कनगल एस एस निकारा, (ररटायर्ग) Dy. Registrar (उप पंजीयक) 011-26180514 Page 3 of 4 Addresses of the parties:

1. The CPIO Kendriya Vidyalaya Sangathan, Nodal CPIO, RTI Cell, Paschim Vihar, Opp. Ambika Vihar, New Delhi-110087 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)