PUBLIC AUTHORITY HAS TO ENFORCE RIGHT TO INFORMATION OF APPLICANT IF PROVIDED BY OTHER ENACTMENTS. EDUCATION DEPT HAS TO COLLECT FROM SCHOOL AND GIVE THE INFORMATION ORDER BY MADABHUSHI SRIDHAR Copy of the rules pertaining to the appointment/removal of the Manager to S. M. Arya Public Senior Secondary School, his duties & responsibilities, his salary etc. were sought - Respondent: information is not held - CIC: collect the information & provide 22 Jun, 2014 The appellant submitted that through his RTI application dt. 3-10-2012, he is seeking information relating to S. M. Arya Public Senior Secondary School, West Punjab Bagh, New Delhi, requesting for copy of the rules and byelaws of the society pertaining to the appointment/removal of the Manager, his duties and responsibilities, his salary and allowances etc. PIO replied on 2-11-2012. Being unsatisfied with the reply provided the appellant preferred First Appeal. First Appellate Authority by his order dt.12-12-2012 stated that the Management/Managing Committee of S. M. Arya Public School, Punjabi Bagh is registered under the Societies Registration Act, 1860 and the information sought in this regard (Question Nos. 1 to 5) has been provided to the appellant. Whereas, information sought at question No.6 to 9 is not maintained by the PIO under Rule 180 of DSEA&R 1973. Not satisfied with the information furnished by the Public Authority, the appellant filed 2nd appeal before the Commission. Decision: 3. Heard the submissions. The appellant says that the Manager of S. M. Arya Public School is using the school facilities for his personal gain and he wants to know whether there is any change in the terms of service with respect to the appointment of Manager of the school. The respondent authority contended that under rule 180 of the DSEA&R1973, they do not hold such information. The Commission directs the respondent to collect the relevant information from the concerned school using their general regulatory power under the DSEA&R1973 as section 2(f) of the RTI Act mandates the Public Authority to do so. Section 2(f) of the RTI Act reads as under: (f) information means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; Rule 180 of the Delhi School Education Act & Rules, 1973 read as under:“ 180. Unaided recognized schools to submit returns – (1) Every unaided recognized private school shall submit returns and documents in accordance with Appendix II. (2) Every return or documents referred to in subrule (1), shall be submitted to the Director by the 31st day of July of each year. (3) The account and other records maintained by an unaided private school shall be subject to examination by the auditors and inspecting officers authorized by the Director in this behalf and also by any officers authorized by the Comptroller and Auditor General of India.” Section 12(3) of Right of Children to Free and Compulsory Education RTE Act, 2009 says every school shall provide such information as may be required by the appropriate Government or the local authority as the case may be. Section 18(2) says no school shall get recognition unless it fulfils norms and conditions specified in Schedule. The Schedule prescribed standards for running a school. These provisions read with other sections of District School Education Act & Rules, 1973, and rules made under the Right of Children to Free and Compulsory Education RTE Act, 2009 impose an obligation on public authority to give information about private school. Section 19 of the Societies Registration Act, 1860 provided that any person may inspect documents filed with the Registrar under this Act on payment of a fee of one rupee for each inspection; and any person pay require a copy or extract of any document or any part of any document, to be certified by the Registrar, on payment of two annas for every hundred words of such copy or extract; and such certified copy shall be prima facie evidence of the matters therein contained in all legal proceedings whatever. Thus the appellant has right to information under Right to Information Act 2005, Registration of Societies Act, 1860, Right of Children for free and compulsory education Act, 2009, Delhi School Education Act, 1973. 8. This Commission has given orders in File No.CIC/AD/A/2013/000658SA on 29th May 2014 on similar subject that a private school called ‘Jindal Public School’ has a duty under sections 4 and 8 of Delhi Education Act 1973, to abide by the regulatory conditions of service, payment of salaries as prescribed, etc for which the school has to maintain the records, which provide an inherent and implied right to information to their employees. Under Right of Children for free and compulsory education Act, 2009 also the recognized school is under an obligation to appoint eligible teachers and provide them prescribed wages. This also reveals that it has given inherent right to information to the teachers from their employers. In this case the appellant was an ex employee of the school seeking the letter of her appointment, copy of her service book etc. Thus respondent authority has a duty to furnish the information under various legislations. Hence the Commission directs the respondent authority to furnish the information to the appellant, as sought by him, within 20 days from the date of receipt of this order. The appellant has agreed to share a copy of the complaint with the respondent authority, for which the information is being sought. 10. The appeal is disposed of accordingly. (M. Sridhar Acharyulu) Information Commissioner Citation: Mr. Surender Pal v. Dte. Of Education, GNCTD in File No.CIC/AD/A/2013/001096SA
Posted on: Sun, 06 Jul 2014 11:07:32 +0000
Recently Viewed Topics
© 2015