Central Information Commission
Kapil vs Directorate Of Education on 19 March, 2020
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DIRED/A/2018/144349
Shri Kapil ... अपीलकताग/Appellant
VERSUS/बनाम
PIO/Asstt. Director of Education, ...प्रनतवादीगण /Respondent
Pitampura, Delhi - 110034
Through: Shri Sandeep, Section Officer
Date of Hearing : 18.03.2020
Date of Decision : 19.03.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 16.03.2018
PIO replied on : 06.04.2018, 18.04.2018, 20.04.2018,
23.04.2018, 20.06.2018,
First Appeal filed on : 05.05.2018
First Appellate Order on : 08.06.2018
2ndAppeal/complaint received on : 16.07.2018
Information soughtand background of the case:
The Appellant filed RTI application dated 16.03.2018 seeking information through 6 points:
1. Please inform the criteria and guidelines for admission to nursery classes, if any under which the management quota seats are filled up in Private Schools or it is left at the discretion of the management to fill up the seats? Kindly provide relevant documents of notification/ guidelines /directives in this regard.
2. Please inform whether all the unaided Private School submit the report to the Directorate/regulatory authority for the seats filled up in admission to nursery classes especially the criteria implemented to fill up seats of management quota?
Please provide the Copy of report submitted by the above School for the current and previous year for criteria used to fill up seats under management quota.
3. Please inform the total number and the Copy of Complaints received since 2010 against the N.K. Bagrodia Public School, Sector-9 & 25, Rohini, Delhi including the Copy of FIR registered by the Anti Corruption Branch under the Prevention of Corruption Act in the year 2010 by the Complainant named one Mr. Praveen Sethi as reported in the newspapers.
4. Please inform action taken by the Directorate consequent to registration of FIR against the School by the Anti Corruption Branch in the year 2010 as reported in the newspaper. Kindly provide the Copy of Orders/correspondence/file notings etc in this regard.
5. Please inform regarding currently pending Complaints, if any against the above school, pertaining to allegations regarding admission, donations etc, their current status alongwith all the relevant documents.
6. Please inform regarding any inquiry completed or pending, if any against the above school by the Directorate of Education, Delhi alongwith all the relevant documents (Queries are verbatim) PIO/DDE Zone-XIII, furnished a reply to the Appellant vide letter dated 06.04.2018. PIO/DDE, Zone-XI furnished a reply to the Appellant vide letter dated 18.04.2018. PIO/DDE, Zone-XII furnished a reply to the Appellant vide letter dated 20.04.2018. PIO/DDE, North West-(B), furnished a reply dated 23.04.2018 to the Appellant in which the PIO enclosed three replies of PIOs of Zone XI, XII and XIII.
Dissatisfied with the reply received from the PIOs, the Appellant filed First Appeal dated 05.05.2018. FAA vide order dated 08.06.2018 directed the PIO/ADE (NW-B) and DDE (Zone - XIII) to provide a revised point-wise reply to points no. 3 to 6 to the Appellant as per his RTI application, as per available records, within 10 days therefrom.
In compliance of the FAA's order, the PIO/ADE (NW-B) vide communication dated 20.06.2018 wrote to the Appellant.
Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from PIO/ADE (RTI), O/o, DDE, North West (B) vide letter dated 24.02.2020 explaining the facts and circumstances of the instant matter.
Appellant stated that he has received incomplete and misleading information from the Respondent.
Respondent submitted that information as available on record has been provided to the Appellant on various dates. He further submitted that the order of the First Appellate Authority has also been complied with wherein point-wise reply has been provided on 20.06.2018. He explained that as per available record, 24 complaints have been received in Zone-XIII since 2012 onwards against N.K. Bagrodia Public School and that the record of complaints before 2012 is not traceable. He added that since the Appellant is not the Complainant, the copies of the Complaints cannot be provided to him since the same is exempt from disclosure under Section 8(1)(j) of the RTI Act.
Decision:
Upon perusal of facts on record, Commission observes that available information has been provided to the Appellant on point nos. 1, 2, 4, 5 and 6 of the RTI application, whereas information sought at point no. 3 of the RTI application pertains to third party which is exempt from disclosure under Section 8(1)(j) of the RTI Act and the same has been intimated to the Appellant vide Respondent's reply dated 20.06.2018.
In view of the above, Commission upholds the reply of the PIO and finds no separate line of adjudication necessary in the instant matter.
The appeal is disposed off with no further directions.
Y. K. Sinha(वाई. के . नसन्द्हा) Information Commissioner(सूचना आयुक्त) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514