Central Information Commission
Mr.Ram Chander vs Government Of Nct Of Delhi on 28 July, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/SG/A/2011/001686
Date of Hearing : July 28, 2011
Date of Decision : July 28, 2011
Parties:
Applicant
Shri Ram Chander
H.No.A73
Shyam Vihar
Phase - I
Goyla Mod
Najafgarh
New Delhi 110 043
The Applicant was not present during the hearing
Respondents
The Public Information Officer
Govt. of NCT of Delhi
O/o Dy. Director of Education
District South
Defence Colony
Zone 24
New Delhi
Represented by : Ms.Anita Satia, PIO & DDE South
Ms.Kunti Aswal, EO24
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/SG/A/2011/001686
ORDER
Background
1. The Applicant filed an RTI Application dt.7.2.11 with the PIO, DDE(South) seeking information against ten points with regard to Sanwal Das Memorial School, KMP and six points with regard to Ms.Kunti Aswal, Education Officer in the office of the DDE(South) Zone 24. The PIO replied on 4.3.11 furnishing point wise information. Not satisfied with the reply, the Applicant filed an appeal dt.30.3.11 with the Appellate Authority commenting on the reply provided. Ms.Satinder Kaur, Appellate Authority replied on 29.4.11 stating that the PIO has provided the information as asked for by the Applicant. Being aggrieved with the reply, the Applicant filed a second appeal seeking the following information :
i) Certified copy of 'Undertaking/declaration submitted in the office of the DDE(S) Zone24 for th implementation of 6 pay commission in the said school
ii) During the last three years, how many teachers have been newly appointed in the school, how many left from the school by their own and how many teachers have been discharged. Year wise details be provided.
iii) Certified copy of list of all members of school/samiti mentioning their postal addresses.
iv) Certified copies of all written submissions submitted in the o/o CIC in earlier cases in the matter of Ram Chander V PIO & DDE(S) including in decision No.CIC/SG/A/2010/003148/10306
v) Property returns for the last three years .
Decision
2. During the hearing, the Respondents submitted that on perusal of the second appeal, additional information as required by the Appellant was provided on 25.7.11. The Respondents added that Sanwal Das Memorial School is a Private unaided school and is not a Public Authority similar to DPS Mathura as decided by CIC in its order No.CIC/SG/C/2010/001494 dt.3.5.11. They also stated that the information as sought by the Appellant is not expected to be maintained by them .
3. The Commission after hearing the submissions holds that the position with regard to private unaided schools not being Public Authorities under RTI, has already been well settled in numerous decisions issued by the Commission. The school is therefore not obligated to the PIO to provide information against points (ii) to
(v) of the second appeal, under RTI.
4. The appeal is rejected and the case directed to be closed.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Ram Chander H.No.A73 Shyam Vihar Phase - I Goyla Mod Najafgarh New Delhi 110 043
2. The Public Information Officer Govt. of NCT of Delhi O/o Dy. Director of Education District South Defence Colony Zone 24 New Delhi
3. The Appellate Authority Govt. of NCT of Delhi O/o Regional Director of Education (South) C4, Vaant Vihar New Delhi
4. Officer in charge, NIC