Central Information Commission
S Srinivas Shankaraiah vs Department Of School Education & ... on 15 January, 2026
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File Nos.: CIC/DSELI/C/2024/651187
CIC/DSELI/C/2024/651186
S Srinivas Shankaraiah ....निकायतकताग /Complainant
VERSUS
बनाम
CPIO,
Department of School Education & Literacy,
PM Poshan, Room No. 210-C,
Shastri Bhawan, New Delhi- 110001. ....प्रनतवािीगण /Respondent
Date of Hearing : 12.01.2026
Date of Decision : 14.01.2026
INFORMATION COMMISSIONER : Sudha Rani Relangi
Note:- The above-mentioned Complaints have been clubbed together for
disposal through common order as the parties are common and queries
raised in the RTI application are similar in nature.
CIC/DSELI/C/2024/651187
CIC/DSELI/C/2024/651186
Relevant facts emerging from complaints:
RTI application filed on : 30.09.2024
CPIO replied on : 04.11.2024
First appeal filed on : N.A.
First Appellate Authority's order : N.A.
2nd Appeal/Complaint dated : Nil
Information sought:
Page 1 of 81. The Complainant filed an RTI application dated 30.09.2024 seeking the following information:
"1:-your office 4(1) b provide with rti I ii records with commission orders in 2005 to 2024.
2:-your office employees using all acts rules regulations codes bylaws provide.
3:-the sc judgement copy and case files on rte act and it's impliment steps by you and Telangana state in 2014 June to 2023 sept given free seats to students of poor benificiary list provide.
4:you pro actively disclosed information records to public provide. B:- all schemes by you implimenting with eligibility procedure and standing orders to school's given 5:-funds released to Telangana state to school education and other facilities in 2014 June to 2023sept provide.
6:- mid day meals scheme details provide with budget and funds to Telangana state and items in such every day supplying students. B:- provide the benificiary list of same."
2. The CPIO furnished a reply to the Complainant on 04.11.2024 stating as under:
"Kindly refer to your online RTI application bearing Regd. No. DOSEL/R/E/24/04501/1 dated 08.10.2024 and to say that this Division deals with the Pradhan Mantri Poshan Shakti Nirman (PM POSHAN) which is an on-going Centrally-Sponsored flagship Scheme and it covers all school children of pre-schools or Balvatika (before class 1) in primary schools, in addition to children of Classes I-VIII studying in Government and Government-Aided schools. PM POSHAN Scheme is a Centrally Sponsored Scheme implemented in partnership with the State Governments/UT Administrations. Government of India provides Central Assistance to the States/UTs Government for the implementation of the PM POSHAN. The overall responsibility for day-to-day administration of the scheme rests with the State Governments! UUT Administrations. For more information regarding PM POSHAN, you may visit this office website www. posposhan.education.gov.in. Only Point No.6 of the RT1 application pertains to the PM POSHAN Scheme.Page 2 of 8
For information related to the Budget allocation: The Financial Year wise information in respect of the Budget allocation of the State of Telangana is available under the PAR PAMPOSHAN Meeting Section of the PM POSHAN website ie. www.pmposhan.education.gov.in. For information related to the Funds released: The Financial Year wise information in respect of the Central Assistance Released to the State of Telangana is available under the Central Assistance Released Section of the PM POSHAN website i.e. www. pmposhan.education.gov.in. For information related to the items supplied to the students and the list of beneficiaries:
The requisite information sought for by you in the RTI Application pertains to the State Government of Telangana and may be sought from the State Government of Telangana as responsibility for day to day Implementation/administration of the PM POSHAN scheme rests with the State Governments LET Administrations. Further, the States and UT a fix their menu according to their local needs."
3. Aggrieved by the response of the CPIO, Complainant filed the instant Complaints before the Commission.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Not present.
Respondent: Shri K C Meena, US/CPIO (MDM) along with Shri Pradeep Kumar, US/CPIO (IS. 6) and Ms. Mitali Varshney, ASO (MDM), all present in persons.
4. Complainant was absent during hearing despite service.
5. A written submission dated 05.01.2026 filed by Shri Praveen Kumar Sachan, DS, DOSEL is taken on record. Contents of the same are reproduced below for ease of reference:
The appellant vide RTI application No. DOSEL/R/E/24/04501/1 dated 30.09.2024 (ANNEXURE-1), requested data related to the School Education Department of the Centre and the State of Telangana.
2. The original RTI application was received by the RTI Cell of the Department, since it was pertaining to various sections, they transferred it to PM POSHAN Bureau (i.e., this Division) and Samagra Shiksha Bureau (i.e., IS.6 Section) on 09.10.2024. same may also be seen at (ANNEXURE-II) Page 3 of 8
3. Only Point No.6 of the RTI Application was pertaining to the PM POSHAN Scheme, the following data was sought in the Point No.6 of the RTI Application:
"mid day meals scheme details provide with budget and funds to Telangana state and items in such every day supplying students. B:- provide the beneficiary list of same."
4. Accordingly, the information was sent to the applicant vide this Ministry's letter no. 6-79/2024-PMP-2 dated 04.11.2024 (Annexure-III) which reads as follows:
"Pradhan Mantri Poshan Shakti Nirman (PM POSHAN) which is an on-going Centrally-Sponsored Scheme which covers all school children of pre-schools or Balvatika (before class 1) in primary schools, in addition to children of Classes I-VIII studying in Government and Government-Aided schools. The PM POSHAN Scheme is a Centrally Sponsored Scheme implemented in partnership with the State Governments/UT Administrations. Government of India provides Central Assistance to the States/UTs Government for the implementation of the PM POSHAN. The overall responsibility for day to day implementation of the scheme rests with the State Governments/ UT Administrations. For more information regarding PM POSHAN, you may visit this office website www.pmposhan.education.gov.in. Only Point No.6 of the RTI application pertains to the PM POSHAN Scheme.
2. For information related to the Budget allocation: The Financial Year wise information in respect of the Budget allocation of the State of Telangana is available under the 'PAB PM POSHAN Meeting' Section of the PM POSHAN website i.e. www.pmposhan.education.gov.in For information related to the Funds released: The Financial Year wise information in respect of the Central Assistance Released to the State of Telangana is available under the 'Central Assistance Released Section of the PM POSHAN website i.e., www. pmposhan.education.gov.in. For information related to the items supplied to the students and the list of beneficiaries: The requisite information sought for by you in the RTI Application pertains to the State Government of Telangana and may be sought from the State Government of Telangana as responsibility for day to day implementation/administration of the PM POSHAN scheme rests with the State Governments/ UT Administrations. Further, the States and UTs fix their menu according to their local needs, in order to meet the nutritional content.Page 4 of 8
5. It is further submitted that the remaining points of the RTI application did not pertain to the work associated with CPIO (MDM) and may pertain to other authority to whom the RTI application was already addressed by the RTI Cell.
6. It is also relevant to mention that no First Appeal was filed by the applicant against the reply dated 04.11.2024, furnished by the CPIO (MDM).
7. In view of above, it may be submitted as under:
1) The CPIO has sent information to the applicant vide this Ministry's letter no. 6-79/2024-PMP-2 dated 04.11.2024 (Annexure-III).
ii) Under RTI Act, 2005, the applicant's right extends only to seeking information as defined in Section 2(f) of RTI Act, either by pinpointing the files, documents, papers or records etc. or by mentioning the type of information as may be available with the public authority.
The CPIO is not supposed to create information sought for by the applicant. Accordingly, the applicant was requested to approach the concerned State Governments/UT Administrations for the requisite information.
6. Further, a written submission dated 05.01.2026 filed by Shri Pradeep Kumar Sachan, US, DOSEL is taken on record. Contents of the same are reproduced below for ease of reference:
"1. That the Applicant has filed the online RTI Application bearing registration no. DOSEL/R/E/24/04501 dated 08.10.2024 seeking information inter-alia related to fund released to Telangana under the centrally sponsored scheme, detail of mid-day meal scheme and beneficiary list etc. The RTI application was forwarded to other CPIOS of this Ministry as well. The RTI application and reply furnished online (at P.6 of Annexure) by CPIO, IS.6 Section dated 16.10.2024 to applicant is at Annexure-1.
2. It may kindly be noted that RTI application bearing registration no. DOSEL/R/E/24/04501 dated 08.10.2024 on behalf of CPIO(IS-6) was addressed and the reply was provided to the applicant on 16.10.2024 through the online MIS Portal well within the stipulated timeline. The applicant has not filed appeal against this reply.
3. In view of the above submissions, it is humbly prayed that this Hon'ble Commission may be pleased to consider the above facts and pass appropriate order as deemed fit."
Reply dtd. 16.10.2024 It is kindly informed that the Department of School Education and Literacy extends financial assistance for the implementation of various Page 5 of 8 schemes through Single State Implementation Societies (SIS) at both the State and UT levels. The responsibility for executing the interventions and activities associated with these schemes lies with the respective State or UT authorities. In so far as CPIO/Section is concerned, the Section deals with finance related matters and release of Central Share to the State of Telangana under the scheme of Samagra Shiksha. The Centrally Sponsored Scheme of Samagra Shiksha has been launched as an Integrated Scheme for School Education by subsuming the erstwhile Centrally Sponsored Schemes of Sarva Shiksha Abhiyan (SSA). Rashtriya Madhyamik Shiksha Abhiyan (RMSA) and Teacher Education (TE) from 2018-19. It is an overarching programme for the school education sector extending from pre-school to class XII and aims to ensure inclusive and equitable quality education at all levels of school education. The fund sharing pattern is in the ratio of 60:40 between the Centre and the State of Telangana. Hence, the information regarding the fund release under Samagra Shiksha is as follows:
2. Additionally, as education is listed in the Concurrent List, most schools in the country operate under the administrative oversight of their respective State or UT governments. Therefore, we recommend that you submit a new application to the Education Department of the concerned State Government to obtain the further necessary information.
3. You may prefer an appeal to the First Appellate Authority i.e., Shri Biswajit Saha, DS (IS-6), Room No. 506-B, 5th Floor, Shastri Bhawan, New Delhi, within 30 days."
7. Shri K C Meena, US/CPIO (MDM) invited attention of the Bench towards the contents of the averred written submission filed by their office and stated that although the queries raised by the Complainant in the RTI application are vague and unspecific, yet, CPIO as per his wisdom interpret the queries of applicant in the simple form and facilitate the requested information in the form of replies to the Complainant vide letters dated 16.10.2024 and 04.11.2024. No additional information is available in their office.
Page 6 of 88. On being queried by the Bench, Ms. Mitali Varshney, ASO (MDM) affirmed that a copy of averred written submission has already been served to the Complainant vide speed post on 05.01.2026.
Decision:
9. The Commission after adverting to the facts and circumstances of the case and perusal of the records noted that this case is a Complaint filed under Section 18(2) the RTI Act, 2005 where no further direction for disclosure of information can be given in the light of the judgement decision of the Hon'ble Supreme Court in the case of Chief Information Commissioner and another Vs. State of Manipur & Another reported in MANU/SC/1484/2011: AIR 2012 SC 864 wherein it was held as under:-
"...Therefore, the procedure contemplated under Section 18 and Section 19 of the said Act is substantially different. The nature of the power under Section 18 is supervisory in character whereas the procedure under Section 19 is an appellate procedure and a person who is aggrieved by refusal in receiving the information which he has sought for can only seek redress in the manner provided in the statute, namely, by following the procedure under Section 19.
This Court is, therefore, of the opinion that Section 7 read with Section 19 provides a complete statutory mechanism to a person who is aggrieved by refusal to receive information. Such person has to get the information by following the aforesaid statutory provisions. The contention of the appellant that information can be accessed through Section 18 is contrary to the express provision of Section 19 of the Act. It is well known when a procedure is laid down statutorily and there is no challenge to the said statutory procedure the Court should not, in the name of interpretation, lay down a procedure which is contrary to the express statutory provision. It is a time honoured principle as early as from the decision in Taylor v. Taylor [(1876) 1 Ch. D. 426] that where statute provides for something to be done in a particular manner it can be done in that manner alone and all other modes of performance are necessarily forbidden..."
10. The role of CIC is restricted only to ascertain if the information has been denied with a mala-fide intention or due to an unreasonable cause. Upon close scrutiny of records, it is noted by the Commission that the queries raised by the Complainant in the RTI application are unspecific and indeterminate which do not strictly falls under the definition of 'information' as per Section 2(f) of the RTI Act, 2005. Despite this, the CPIO has made sincere efforts to provide timely response to the Complainant vide letter dated 16.10.2024 and 04.11.2024. In addition to it, the steps taken by the present CPIO in liasioning the matter and forwarding the RTI application to the concerned CPIO is appreciable.
Page 7 of 811. Further, the Commission noted with concern that the Complainant has not filed any first appeal in the above-mentioned cases and reasons for the same could not be ascertained as he was not present before the Commission despite notice. The Complainant neither filed any written objections nor presented himself before the Commission to controvert the averments made by the Respondents and agitate the matter.
12. There is no mala fide denial of information or otherwise is found on the part of CPIO in the instant case which calls for any action under Section 20 of the RTI Act, 2005. In this regard, Commission relied on a judgment of the Hon'ble High Court of Delhi in the decision of Col. Rajendra Singh v. Central Information Commission and Anr. WP (C) 5469 of 2008 dated 20.03.2009 wherein it was held as under:
"....Section 20, no doubt empowers the CIC to take penal action and direct payment of such compensation or penalty as is warranted. Yet the Commission has to be satisfied that the delay occurred was without reasonable cause or the request was denied malafidely.
xxx ......The preceding discussion shows that at least in the opinion of this Court, there are no allegations to establish that the information was withheld malafide or unduly delayed so as to lead to an inference that petitioner was responsible for unreasonably withholding it."
13. In the light of above, intervention of the Commission is not warranted at this juncture in the matters.
The instant Complaints are disposed accordingly.
Sd/-
Sudha Rani Relangi (सुधा रानी रे लंगी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (Anil Kumar Mehta) Dy. Registrar 011- 26767500 Date Shri S Srinivas Shankaraiah Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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