Central Information Commission
Mr.Anil Goyal vs Gnctd on 30 July, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001710/8768
Appeal No. CIC/SG/A/2010/001710
Relevant Facts emerging from the Appeal:
Appellant : Mr. Anil Goyal
F-201 Whispering Palms Exclusive,
Lokhandwala Township,
Akuril Toad, Kandivali East,
Mumbai-400101.
Respondent : Mr. J. B. Singh
Public Information Officer & Dy. Director of Education (SW-B) Directorate of Education Government of NCT of Delhi O/o Deputy Director of Education District - South West (B), Najafgarh, New Delhi.
RTI application filed on : 10/02/2010 PIO replied : 10/03/2010 First appeal filed on : 19/04/2010 First Appellate Authority order : 25/05/2010 Second Appeal received on : 22/06/2010 Information Sought: The Appellant sought information regarding -
1. Meaning and terms and conditions to be complied by VIS to remain RECOGNISED
2. Details of registration as a society and the terms and conditions of the same. Terms and conditions of running the school (aided or unaided).
3. Economically Weaker Section (EWS) students in the school with names/addresses /photographs/contact nos./parents name and salary, etc
4. Various concessions/subsidies being availed by the school.
5. Status of school - Aided/unaided, currently after the recent CIC decisions.
6. No of inspections held by the DoE, NCT of Delhi, their periodicity with copies of report since 01 Jan2006.
7. No of teachers with name/add/contact nos./salary pit and post VI CPC (since 01Jan06 till date including additions and deletions with full names, addresses, contact nos., etc.
8. No of students class wise with name/class/parents name/ address/ contact/fees breakdown since 01Jan2006/arrears collected (teachers child or EWS) or both with bank statement of collections
9. List of the Teaching Staff including head of the school as on 01/01/2006 till date with changes if any, separately for primary, secondary and senior secondary classes showing their full name, academic qualification, date of appointment, pay with scale of pay, adhoc or regular and whether temporary or permanent may please be made available.
Page 1 of 310. Expenses incurred by the school on renovation (period and amounts with detailed breakdown and addresses/contact nos. of contractors employed) since 01jan06.
11. Whether PF accounts of the staff maintained and subscribed regularly? PP numbers allotted to the staff showing name, PP number and amount deducted from each of the staff members during the years 2006-07, 2007-08, 2008-09 and 2009-10
12. Details of Employees State Insurance (ESQ, compulsory by Act of the Govt. of India of all affected employees of the school with contribution made with a/c nos.
13. Details of Payment of VI pay commission arrears as per Delhi govt. orders to all employees of the school with detailed nominal roll and breakdown.
14. Copies of all orders pertaining to VI Pay Commission for teachers of aided/unaided but recognized schools of Delhi.
15. Detailed Profit and Loss a/c or balance sheets for EN 2005-06, 2006-07, 2007-08, 2008-09, 2009-
10. Liability of dues and accountability for non/delayed payment.
16. Name of the Trust/Society by which is run along with its registered address, registered address, registration number, date of registration and constitution of the society/trust.
17. Complete particulars viz Names, Designation, Educational qualification and address of all the members of the managing committee of the school as on date.
18. Full Names and Educational qualifications of Chairman, Principal, Manager and Director of the school may please be made available.
19. Date of election of the two teachers of the school to the managing committee (along with their names and address) and the list of teachers on the roll of the school on the date of election along with a copy of the resolution appointing than to the managing committee.
20. Whether minutes of meeting of managing committee are filed by the school with the office. The dates on which meeting of the managing committee were held during the academic years - 2006- 07, 2007-08, 2008-09 and 2009-10 may please be advised and the copies of the minutes may please be made available.
21. Copies of the necessary returns mandated under rule 180 of the Delhi School Education Rules, filled for the year 2006, 2007,2008,2009 and 2010, may please be made available.
22. Arrears paid to the teachers held on strength since OlJan2006 as per the VI pay commission, monthly dues teacher wise, actually paid and balance with bank statement ( should show all existing and erstwhile teachers of school who left after 01Jan06.
23. Photocopy of the salary register of the staff for the academic years 2006-07, 2007-08, 2008-09 and 2009-10 may please be made available.
24. Copy of the attendance register of the teaching staff for the academic years 2006-07, 2007-08, 2008-09 and 2009-10 may please be made available.
25. Copies of the appointment letters/ termination resignation letters and letters of acceptance of resignation of teachers whose services were terminated or who resigned after 011an2006.
26. The number of students on roll with the school separately for X and XII class, since 011an2006 (session wise). The fee arrears realized from each of the students of X and XII class as a result of Vi pay commission report, session wise since 01 Jan2006. Similarly the arrears realized or proposed to be realized from the students of other classes may also be advised.
Reply of the Public Information Officer (PIO) The information was to be obtained from the PIO's office as it was running into 78 pages.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO Order of the First Appellate Authority (FAA):
PIO is directed to provide the required information, free of cost before 10/06/2010.Page 2 of 3
Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Anil Goya;
Respondent: Mr. J. B. Singh, Public Information Officer & Dy. Director of Education (SW-B);
The appellant has sought information some of which the public authority should have held in the returns obtained under Rule 180 of DSEAR 1973. The respondent admits that some of the information which they should have held under this rule was not available since he admits that no proper checking is done whether the information which should be obtained is actually submitted. However, after some efforts he states that he has obtained the information which he should have held under rule 180 and supplied it to the appellant. The admission of the respondent though honest is a very poor reflection on the functioning of the public authority. If admission which they are supposed to procure under the rules is not procured and monitored the very existence of such public authorities becomes of doubtful relevance.
The appellant claims that even information of a private body which may not be held by a public authority should be accessed when a citizen ask for it under Right to Information. He quotes the judgment of the Delhi High Court in WP (Civil) no. 7365 of 2007 to claim that this is the correct interpretation of the Act. The Commission clearly states that the interpretation of Section 2(f) of the RTI Act is that information held or expected to be held by public authorities under the laws and rules existing. To interpret that all public authorities must use all the powers provided to them a access information from various private bodies would mean that a sales tax office would be expected to get information from every sales tax dealer, a factory inspector from every factory owner and so on. The Parliament did not intend through RTI that public authorities would be going about acting as information providers to citizens for information held by Private Bodies.
The appellant points out that the department has two members in the management committee of the school. The respondent is directed to provide the names of the nominees of the department on the management committee of the school since 2006 and copies of all the minutes of the tri annual meetings since 2006. The respondent states that in many cases the schools do not inform the department's nominees about managing committee meetings and consequently the department does not have the minutes. If regulatory departments do not perform the function or their nominees are not invited to the meetings the minutes of the meeting must be obtained by the department.
Decision:
The Appeal is allowed.
The PIO is directed to provide the names of the DE's nominees on the management committee of the school since 2006 and the copies of the minutes of the all the meetings since 2006. This information will be given to the appellant before 20 August 2010. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 30 July 2010 (In any correspondence on this decision, mention the complete decision number.)(YM) Page 3 of 3