Central Information Commission
Mr. Hari Omgandhi vs Cbse on 7 July, 2010
1
CENTRAL INFORMATION COMMISSION
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Telefax: 011-26180532 & 011-26107254 website: cic.gov.in
Appeal No. CIC/SG/A/2010/000621-DS
Appellant : Shri Hari Om Gandhi, Karnal
Public Authority : Central Board of Secondary Education, Delhi
1. Shri Joseph Emmanuel,
Deputy Secretary,
CBSE, Preet Vihar, Delhi
Date of Hearing : 07/07/2010
Date of Decision : 07/07/2010
Facts:-
The appellant Shri Hari Om Gandhi, vide his RTI application of 18/11/2009 enclosed herewith as Annexure A, sought information from the CPIO, O/o Secretary, Central Board of Secondary Education, New Delhi, regarding compliance by St. Theresa Convent School, Karnal of the various conditions imposed by CBSE for grant of affiliation. Information has been sought through 12 questions each of which has 4 to 5 sub sections. As per the appellant, the affiliation granted by the CBSE was subject to the conditions spelt out in their letter of 06/08/2009 and which were to be complied within 03 months' time.
2. CPIO, vide his order of 11/01/2010, provided information on points 1&2.
3. In respect of other points, he stated that in all, there were 50 questions put up by the appellant in his RTI application which are very exhaustive and extensive and argued that the appellant would visit the office by appointment on any working day and identify the documents required. He also reiterated that the Board is committed to make available all information to the appellant.
4. Not being satisfied, Shri Hariom Gandhi preferred first appeal dated 01/02/2010 which runs into 13 A-4 size pages which was adjudicated upon vide FAAO dated 01/03/2010 wherein he reiterated the offer made by the CPIO asking the appellant to visit the Office of the Board for inspection. Further, he advised the CPIO to be more careful in maintaining the prescribed time limit in responding to the RTI applications.
5. Not being satisfied, the appellant has come before the commission to challenge the above orders.
6. The matter was heard today. Appellant was not present. Respondent was present as above.
7. In his second appeal, appellant has asked for information to be supplied free of cost due to the delay in providing the same.
8. Respondent submitted that their organization is a small one having hardly 50 persons and they are handling over 11,000 affiliated schools including over 150 schools in foreign countries.
29. He also explained that removal of deficiencies by the schools is a continuous process and affiliation is usually given by the Board once the applicant school qualifies in terms of essential conditions of affiliation.
DECISION
10. The Commission accepts the arguments of the respondent and upholds the decision of the CPIO and FAA.
11. The information sought is undoubtedly extremely voluminous and attracts section 7(9) of the Act.
12. The Commission is of the view that the present case is amply covered by sub section 9 of section 7 of the Act which states that "information shall ordinarily be provided in the form in which it is sought unless it would disproportionately affect the resources of the public authority....."
13. Accordingly, respondent are directed to provide an opportunity in writing to the appellant to inspect the records and obtain information required by him for which all assistance will be provided to the appellant by the respondent. The offer letter will be sent by respondents within 02 weeks of receipt of this order and will provide a window of 03 weeks within which the appellant can take up this offer. Appellant will bear costs as per the extant Rules.
14. The case is, accordingly, disposed of at the Commission's end.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T.K. Mohapatra) Under Secretary & Deputy Registrar Copy to:-
1. Shri Hari Om Gandhi, 630, Adarsh Nagar, Karnal-132001.
2. The Assistant Secretary(Affiliation)-cum-CPIO, CBSE, Shiksha Kendra, 2, Community Centre, Preet Vihar, 3 Delhi-110301.
3. Shri Joseph Emmanuel, Deputy Secretary, CBSE, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110301.