Central Information Commission
Kripa Shanker Mishra vs Kendriya Vidyalaya Sangathan on 29 May, 2017
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Appeal No. CIC/SA/A/2016/001546/MP
Appellant : Shri Kripa Shankar Mishra, Surat
Public Authority : Kendriya Vidyalaya, Surat
Date of Hearing : May 17, 2017
Date of Decision : May 17, 2017
Present:
Appellant : Not Present
Respondent : Shri D.K. Gupta, Principal - through VC
RTI application : 05.11.2015
CPIO's reply : 20.11.2015
First appeal : 21.12.2015
FAA's Order : 21.01.2016
Second appeal : 23.05.2016
ORDER
1. Shri Kripa Shankar Mishra, the appellant, sought copy of various Orders/Rules/Regulations framed by the Govt. of India in respect of education of handicapped children; copy of Orders/Rules depriving the upper caste handicapped children of the facilities to be provided to other handicapped children in school admission and education matters; list of such upper caste handicapped students deprived of the provision of facilities from 2005 to 2015; etc., through five points.
2. The Central Public Information Officer (CPIO) advised the appellant to apply as per the provisions of the RTI Act, 2005 so as to enable the CPIO to respond to the RTI application. The appellant, not having received any information from the CPIO, filed appeal before the first appellate authority (FAA) with a request to provide the desired information. The FAA upheld the decision of the CPIO and informed the appellant that information could be provided to him only on his submitting the RTI application and the RTI fees in accordance with the RTI Rules. Aggrieved, the appellant approached the Commission, stating that no information was given to him by the CPIO and the FAA, till date and requested the Commission to direct the CPIO to provide complete information, free of cost in addition to imposing penalty upon the CPIO and recommending necessary disciplinary proceedings against him.
3. The matter was heard by the Commission. The appellant was not present during the hearing. The appellant had sought information regarding the facilities that were provided to physically handicapped children studying in Kendriya Vidyalaya by the respondent authority and copy of Rules/Orders that allowed discrimination between upper and lower caste handicapped children in admission and education matters.
4. The respondent stated that the appellant's son was studying in Kendriya Vidyalaya No. 1, Surat, who was physically handicapped and was admitted under the Physically Handicapped category, to the school. The respondents further submitted that while, as per the admission guidelines of KVS, certain allowances were given to the students who were admitted to the Vidyalaya under the Right to Education quota, such as transport allowance, stationary, uniform expenditure, etc., no such facilities were provided to the students admitted under the category reserved for physically handicapped except for exemption in their tuition fees and therefore, his son was not eligible for any of the said facilities. Further, the appellant was informed of the same by the CPIO on 19.05.2016, as per the available records, but, since the appellant did not pay the RTI fees along with his RTI application, he was provided the available information on his depositing the RTI fees on 17.05.2016.
5. On hearing the respondent and perusing the available records, the Commission holds that the appellant has been provided the available information, as per the records, by the CPIO, on 19.05.2016 and no further intervention is called for on the part of the Commission. The Commission upholds the decision of the CPIO. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy Registrar Copy to:
The Central Public Information Officer The First Appellate Authority Kendriya Vidyalaya No. 1, Kendriya Vidyalaya Sangathan, Principal, Deputy Commissioner, Ichchanath, Opp. SVNIT College, Ahemdabad Region, Sector - 30, Surat, Gujarat - 395 007 Gandhinagar, Gujarat - 382 030 Shri Kripa Shankar Mishra, S/o Shri Ghanshyam Mishra, R/o 237, Anand Nagar, near Silver Dyeing, Bombay Market, Surat, Gujarat