Central Information Commission
Amit Suri vs Directorate Of Education on 29 April, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DIRED/A/2017/146785
Shri. Amit Suri ... अपीलकताग/Appellant
VERSUS
बनाम
PIO, Asstt. Director of Education (West-A) ...प्रनतवादीगण /Respondents
O/o Dy. Director of Education, Karam Pura,
New Moti Nagar, New Delhi-110015
Through: Sh. Yogesh Jain and Sh.
LakshayGahlot
Date of Hearing : 24.04.2019
Date of Decision : 24.04.2019
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 20.03.2017
PIO replied on : 19.04.2017
First Appeal filed on : 01.05.2017
First Appellate Order on : 31.05.2017
2ndAppeal/complaint received on : 04.07.2017
Information soughtand background of the case:
The Appellant filed an RTI application dated 20.03.2017, seeking information regarding S. M. Arya Public School, a Senior Secondary School, at Road No. 45, West Punjabi Bagh, New Delhi. He sought copies of all the minutes of meeting of the Managing Committee of above mentioned school, as maintained by DDE- Zone 15, till date for the entire period for which the same is available.
PIO/Asst. Director of Education, Distt. West-A replied by letter dated 19.04.2017, but no enclosure is found with the copy of reply.
Dissatisfied with the information received from the PIO, the Appellant filed the First Appeal dated 01.05.2017. FAA/RDE(West) vide order dated 31.05.2017 stated as follows:-
"PIO/ADE (West-A) & DDE, Zone -15 are directed to contact and collect the information from present Director of Education's Nominee Page 1 of 4 appointed for S.M Arya Public School, Road No. 45, West Punjabi Bagh, New Delhi, if he had attended any meeting of management committee of the school and having the minutes of that meeting, the same may be provided to the appellant within 10 days".
Feeling aggrieved over the non-compliance of FAO, the Appellant approached the Commission with instant Second Appeal.
Facts emerging in Course of Hearing:
Both parties are present for hearing. The appellant states that the information has been denied to him invoking the DSEAR Act, stating the information sought is not maintained by the public authority, in terms of the RTI Act. The appellant has filed written submissions stating that he has filed the RTI application in order to unearth the improper, irregular and illegal functioning by the school authorities in running a parallel commercial school and chemist shop from the school premises and diversion of funds, resources and facilities meant for the genuine students of the school. The appellant has pointed out vide his written submissions and even during hearing that the information, as sought by him is either available with the PIO, Dy. Director of Education, District West-A or can be procured from the concerned school authorities exercising the inherent powers conferred by the DSEAR Act, 1973. Furthermore, the appellant has pointed out that in terms of the provisions of the DSEAR Act, 1973, the Education Officer Zone 15/DDE Zone 15 District West A working under the DDE, District West- A, was made the Director's Nominee on the Managing Committee of the School and made custodian of all records, correspondence and other such functions in respect of the S.M. Arya Public School.
Respondent states that the DDE-Zone-15 does not maintain the records as sought by the appellant. Respondent has placed on record a list of documents as enlisted under Rule 180(1) which are maintained with respect to Un-aided schools, viz. i) the budget estimates of receipts and payments; ii) final accounts of preceding year; iii) pattern of concessions/scholarship etc; iv) staff statement; v) schedule of fees/fines/funds etc; vi) enrolment of students etc. Decision After hearing the parties and perusal of records, the Commission opines that it is pertinent to visit the provisions of the DSEAR Act, 1973 for proper appreciation of the legal position. The relevant provisions of DSEAR Act, which empower the respondent, in this specific case, can be briefly noted to be the following:
50. Conditions for recognition No private school shall be recognised, or continue to be recognised, by the appropriate authority unless the school fulfils the following conditions, namely:--Page 2 of 4
(i) ..........................................................................................
(ii) ...................................................................................................
(iii) ......................................................................................................
(iv) the school is not run for profit to any individual, group of association of individuals or any other persons;
(v)........................................................................................
(vi) the managing committee observes the provisions of the Act and the rules made there under;
(vii) the building or other structure in which the school is carried on, its surroundings, furniture and equipment are adequate and suitable for an educational institution and, where there is any business premises in any part of the building in which such school is run, the portion in which the school is run adequately separated from such business premises;
.................................................................................................
(ix) the school buildings or other structures or the grounds are not used during the day or night for commercial or residential purposes (except for the purpose of residence of any employee of the school) or for communal, political or non-
educational activity of any kind whatsoever;
.................................................................................................................. ....................................................... (xviii) the school furnishes such reports and information as may be required by the Director from time to time and complies with such instructions of the appropriate authority or the Director as may be issued to secure the continued fulfilment of the condition of recognition or the removal of deficiencies in the working of the school;
(xix) all records of the school are open to inspection by any officer authorised by the Director or the appropriate authority at any time, and the school furnishes such information as may be necessary to enable the Central Government or the Administrator to discharge its or his obligations to Parliament or to the Metropolitan Council of Delhi, as the case may be.
It is further noted that the following provision of the DSEAR Act specifies:
56. Suspension or withdrawal of recognition (1) If a school ceases to fulfill any requirement of the Act or any of the conditions specified in rule 50 or fails to provide any facility specified in rule 51, the appropriate authority may, after giving to the school a reasonable opportunity of showing cause against the proposed action, withdraw for reason to be recorded in writing, recognition from the school:
Thus it is evident from a bare reading of these provisions of the DSEAR Act, that the Act provides ample powers to the respondent to initiate steps for withdrawal of recognition granted to any school, if provisions of the Section 50, above are not fulfilled or found to have been violated, without any reasonable ground.
Apart from the above provisions of law, the order dated 14.09.2018, issued by Sh. Yogesh Pratap, Dy. Director of Education, Dte. Of Education directing the Manager/Head of the S.M Arya Public School to immediately close the coaching classes running in the school premises, is conclusive evidence in itself affirming the allegations of the appellant against the School. The letter dated 14.09.2018 has undeniably been issued by the DDE, Dte. of Education and therefore, there Page 3 of 4 is no scope of ambiguity about the respondent possessing knowledge of the complaints against the school in question. In so far as procuring the minutes of meeting or any other relevant document is concerned, the school is under mandate of law, as noted from the Section 50 above, to furnish all information as sought by the appropriate authority, failing which the respondent can initiate necessary regulatory steps.
Perusal of these provisions of the DSEAR Act, 1973 clearly establishes that the Act has been designed with inherent mechanism such that the Department can exercise ample control and monitoring of the Schools by virtue of the types of documents required to be furnished by the schools to the public authority, which must contain the necessary information, which can be accessed by a citizen under RTI Act, 2005. A combined reading of Delhi School Education Act & Rules 1973 reveals that the Department of Education through its Director is empowered with definite inherent powers to ensure that the Directorate possesses significant amount of information about the schools in the form of the returns submitted to it. Hence, in the light of this legal and factual position, the Commission cannot accept the contentions of the Respondent-Dte. Of Education. Under the circumstances, the Commission directs the PIO, DDE to take necessary steps to obtain the complete information as sought by the appellant and submit a report, before the Commission, upon furnishing the same to the appellant, by 20.05.2019.
The appeal is disposed off with the above 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 Page 4 of 4