Central Information Commission Judgements

Mrs. Mithilesh Bhadauria vs Ministry Of Hrd Govt. Of India on 9 February, 2009

Central Information Commission
Mrs. Mithilesh Bhadauria vs Ministry Of Hrd Govt. Of India on 9 February, 2009
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                                               Decision No. CIC /SG/A/2008/00220/1522
                                                      Appeal No. CIC/SG/A/2008/00220

Relevant Facts

emerging from the Appeal

Appellant : Mrs. Mithilesh Bhadauria,
BK-296, C.A.T.C. Bamrauli,
Allahabad-12 (U.P.).

Respondent 1                        :      Ms. Rama Sharma,
                                           CPIO,
                                           Ministry of HRD Govt. of India,

Shiksha Kendra-2, Community Centre,
Preet Vihar, Delhi-11003.



RTI application filed on            :      08/07/2008
PIO replied                         :      29/07/2008
First appeal filed on               :      12/08/2008
First Appellate Authority order     :      Not replied.
Second Appeal filed on              :      19/10/2008

The appellant had asked in RTI Application regarding certified copy of NOC,
inspection report, affiliation Para 3(1) copy of application form duly filled in by the
said school at the time of applying affiliation for the first time.

Detail of required information:-

Information Sought. The PIO replied.

1. Certified copy of NOC by State No NOC is required for school falls under
Govt. copy of letter from State Govt. Category 3 (1) (j) to (IV) of Affiliation Bye
regarding prior Recognition of Laws of the Board. Affiliation Bye-Laws is
school as prescribed in Affiliation readily available on CBSE Website
Rules Chapter-113 ” Norms for www.cbseaff.nic.in in which may be
Affiliation Para 3(1) which referred to
mandatory for affiliation of school.

2. Copy of Inspection Report submitted Copy of Inspection report cannot be
by Inspection Committee for provided as per Clause 8 (1) (e) and (g) of
affiliation as required in Chapter II RTI Act, 2005.
Para 3 to 5.

3. Copy of Application form duly filled PIO had sent a copy of the application form.
in by the said school at the time of
applying affiliation for the first time.

The First Appellate Authority ordered: –
Not replied.

Relevant Facts emerging during Hearing:
The following were present
Appellant: Mrs. Mithilesh Bhadauria
Respondent: Ms. Rama Sharma PIO
On point 3 the copy of the application form had been provided but the enclosures were not
provided. The PIO is directed to give the copies of the enclosures with the application form
to the appellant. The PIO also agrees to give the copy of the Inspection report.

Decision:

The Appeal is allowed.

The PIO will give the Inspection report and the enclosures with the application form to the
appellant before 25 February 2009.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
February 09, 2009.

(In any correspondence on this decision, mentioned the complete decision number.)