Central Information Commission
Annu Yadav vs Directorate Of Education on 20 May, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DIRED/A/2024/603811
Annu Yadav .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Directorate of Education,
Private School Branch, Room
No. 229, Old Secretariat,
Delhi-110054 .... ितवादीगण /Respondent
Date of Hearing : 15.05.2025
Date of Decision : 20.05.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 11.07.2023
CPIO replied on : 08.08.2023
First appeal filed on : 08.01.2024
First Appellate Authority's order : 24.01.2024
2nd Appeal/Complaint dated : 28.01.2024
Information sought:
1. The Appellant filed an RTI application dated 11.07.2023 (online) seeking the following information:
"Please provide the following information u/s 2(f), 2(i), 2(j), 6(1), 6(2) etc. of the RTI Act, 2005 under Article 19 & 21 of SR/FR/LR of the Indian Constitution:-
Sl. Complaint Dated/Time Subject matter Information Page 1 of 7 No. addressed via email required (copies attached herewith) 1 Director 20.06.2023 Denial of admission; What action (Education); (5:26 PM) asked donation by has been taken by <[email protected]> G.D. Goenka Public DOE against these DDE, Zone-13, (NW, School, Sector-9, representations/co B-II) Rohini, Delhi-85 for mplaints registered <zonezonexiii@gma admission under by myself? Kindly il.com> DG/Freeship provide the copy of <[email protected] Category duly complete om> allotted by information <[email protected] Directorate of including action om> Education, Govt. of taken/investigation DDE, (NW, B-I) & NCT of Delhi /proceedings if any, (NW, B-II) through taken by Education <ddnwb2010@gma computerized draw Department, il.com> of lots under Right GNCTD under RTI 2 Director 01.06.2023 To Education Act for Act, 2005. (Education); (4:17 PM) the Academic <[email protected]> Session 2023-24. DDE, Zone-13, (NW, B-II) <zonezonexiii@gma il.com> DDE, (NW, B-I) & (NW, B-II) <ddnwb2010@gma il.com> 3 Director 22.04.2023 (Education); (2:57 PM) <[email protected]> 4 Secretary 13.04.2023 (Education); (12:45 AM) <[email protected]> Director (Education) <[email protected]> 5 Director (Education) 11.04.2023 <Received vide Diary No. 2569> 6 Director (Education) 10.04.2023 <[email protected]> (12:09 AM) 7 Secretary 09.04.2023 (Education); (10:54 PM) <[email protected]> Page 2 of 7 Director (Education); <[email protected]> DDE (PSB), DOE <[email protected] m> DDE, (NW, B-I) & (NW, B-II) <ddnwb2010@gma il.com> DDE, Zone-12, (NW- B) <eozonexiinwb@g mail.com> DDE, Zone-11, (NW, B-1) <zonezonexi@gmail .com> DDE, Zone-13, (NW, B-II) <zonezonexiii@gma il.com>
However, the aforesought information pertains to your office/department, hence, you are requested to disposed off application at your end. In case, it does not fall under your jurisdiction, it may further please be transferred to concerned Public Authority/PIO closely connected with required information under Section 6(3) of the RTI Act. Thanks."
2. The CPIO furnished a reply to the Appellant on 08.08.2023 stating as under:
"Refer to your RTI. application, received in this office on dated 11/07/2023. In this context, kindly find enclose herewith the copy of information received from Section Officer (V) is enclosed.
Your RTI application question partially transferred to the PIO DDE Zone- 13, District-North West-B, I & II."
3. The CPIO furnished a reply to the Appellant on 07.08.2023 stating as under:
"Q 1 to 7 Pertains to District North, North West B-I, North West B II."Page 3 of 7
4. Being dissatisfied, the appellant filed a First Appeal dated 08.01.2024. The FAA vide its order dated 24.01.2024, held as under:
"This is an appeal case filed by the appellant Mr./Ms. Annu Yadav of the Right to Information Act-2005 against the information furnished by the Public Information Officer.
The original RTI and appeal filed by the appellant have been perused. The PIO (PSB) had already transferred the RTI application to the PIO DDE Zone-13 District North West-B-I, Dte. of Education, vide dated 08.12.2023 and also submitted the reply to the applicant vide office letter dated 08.08.2023.
The appeal is accordingly disposed off."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
5. The following were present:-
Appellant: Absent.
Respondent: Ms. Sangeeta Khatri, PIO-cum-Principal/DOE, Ms. Asha Jonia, Vice Principal and Mr. Sunil Kumar, Senior Assistant, attended the hearing in person.
6. The Appellant did not participate in the hearing.
7. The Respondent while explaining the brief background of the case submitted that Master Vinish (son of the Appellant) has been allotted G.D. Goenka Public School, Sector-9, Rohini, Delhi for admission in Entry level (Class-I) under EWS/DG category through Computerized draw lots by the Directorate of Education for the secession 2023-24. The Appellant filed a complaint regarding denial of admission by the G.D. Goenka Public School in zonal office. DDE (Zone-XIII) has issued a Show Cause Notice dated 02.06.2023 to the school regarding non admission of the child in EWS/DG category. G.D. Goenka Public School vide email dated 02.06.2023 has informed their office that admission of Vinish had already been granted and the parent was informed. Accordingly, the status has been updated on MIS Portal of DoE. G.D. Goenka Public School, again replied the to the SCN vide letter dated 09.05.2025, stating as under:
Page 4 of 7"This is in reference to the subject cited for Master Vinish online admission registration ID: 20230240410 allotted to G.D.GOENKA PUBLIC SCHOOL sector-9 Rohini under the draw of lots as per RTE/DSEAR Act by Directorate of Education, Govt of NCT Delhi for the Academic session 2023-24. In regard to denial of admission and demand of donation of admission. A show cause notice vide letter DDE/Z-XIII/DNW(B-II)/2023-24/633 dated 02-06- 2023 was served to the school.
The school offered admission to Master Vinish on 27-4-2023 Please find attached the copy of dashboard on Edudel and email sent to the Directorate of Education for your kind reference.
In the light of the above, the allegations of denial of admission and thereby charging the donation are completely denied. We request you to kindly dispose of this complaint at the earliest."
8. She further informed the Bench that SOP regarding admission under EWS/DG category is also available on their website on the following link i.e. https://www.edudel.nic.in/mis/misadmin/frmPublic_Circular.aspx
9. A written submission has been received from, Deputy Director of Education-cum-PIO, vide letter dated 09.05.2025, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"With reference to your notice of hearing file no CIC/DIRED/A/2024/603811 dated 30.04.2025 for appearing in the appeal hearing dated on 15.05.2025 at
10.45 A.M., the status of report is as under:
In this regard, it is submitted that Master Vinish (Online Admission Reg. ID:
20230240410) has been allotted G.D. Geenka Public School, Sector-9, Rohini, Delhi (School ID: 1413275) for admission in Entry level (Class-I) under EWS/DG category through Computerized draw lots by the Directorate of Education for the secession 2023-24.
Ms. Annu Yadav complained regarding denial of admission by the G.D. Goenka Public School in zonal office. DDE (Zone-XIII) has issued a Show Cause Notice dated 02.06.2023 to the school regarding non admission the child in EWS/DG category (Copy attached).
School has mailed dated 02.06.2023 stating that admission of Vinish had already been granted and the parent was informed. Accordingly, the status has been updated on MIS Portal of DoE. (Copy attached) PIO wants to submit that any order/directions passed by Hon'ble CIC will be complied as per RTI Act norms."
Decision:
10. The Commission, after adverting to the facts and circumstances of the case and perusal of the records, observes that initially no relevant Page 5 of 7 information or action taken report was furnished to the Appellant. Upon receipt of the hearing notice from the Commission, the Respondent has provided a suitable response in the form of written submission dated 09.05.2025, which is more elaborate and is treated as an updated reply.
Hence, no intervention of the Commission is required in the instant case. However, before parting with the case, the Respondent is cautioned to act strictly within the precincts of the RTI Act by observing the timelines scrupulously and punctually, in future.
Advisory
11. Be that as it may, the Commission has heard several cases pertaining to EWS quota in private schools wherein, apprehensions of diversion of EWS seats to open category form the underlying grievance as crux of the matter and deems it fit to issue an Advisory under Section 25 (5) of the RTI Act. These schools are run with a profit motive which hears and understands only one language i.e. the language of money. It is a fact that land for these schools has been allotted by the Government either free of cost or on token amount. By not filling up the EWS seats, the schools render themselves liable to penal action. It may be considered by the Government to recover market lease rent along with arrears for the years in which EWS quota seats were not filled by these private schools and make the information public. Needless to add that the progress of recovery of such an amount will be part of the audit for the Government to be conducted by CAG. Care may also be taken not to let these private schools employ non-tariff barriers (other than school fee) or collection methods against EWS students such as purchase of uniform from a particular shop or a particular type sold only by one shop and purchase of books and other similar materials. The FAA is directed to place a copy of this order before the competent body.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 6 of 7 Copy To:
The FAA, Directorate of Education, Office of First Appellate Authority, Room No. 13, Old Secretariat, Delhi-110054 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
1. It is recommended to maintain records in digital form for proper management and ease of access in compliance with clause (a) of sub-section (1) of section 4 of the RTI Act, 2005.
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