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Decision No. CIC/SG/A/2009/001057/3742
Appeal No. CIC/SG/A/2009/001057
Relevant Facts
emerging from the Appeal:
Appellant : Mrs. Shobha Upadhyay,
B-10/7052, Vasant Kunj,
New Delhi-70.
Respondent : Ms.Satinder Kaur
DDE(S.W.-A) & PIO
Govt. of N.C.T. of Delhi
Office of the Dy.Dir.of Education (SW-A),
C-4, Vasant Vihar,
New Delhi.
RTI application filed on : 05/03/2009 PIO replied : 06/04/2009 First appeal filed on : 06/04/2009 First Appellate Authority order : 17/04/2009 Second Appeal received on : 08/05/2009 Information sought:
The appellant who is working as TGT Science in Deep Public School DII, Vasant Kunj, New
Delhi had sought following information under RTI Act, 2005:-
(i) When was the management committee of Deep Public School, DII Vasant Kunj
requested for DE nominee to constitute discipline committee as per rule 118 of Delhi
School Education Act 1973, with respect to discipline proceedings of Shobha
Upadhyay, TGT Science.
(ii) Kindly provide the attested copy of the letter by which the management committee of
Deep Public School, DII Vasant Kunj made request for DE nominee.
(iii) Managing committee resolutions for issuing charge sheet and suspension letter and
the copy of approval for suspension accorded by department of education to school in
case of Shobha Upadhyay TGT(Sc.) Deep Public School DII, Vasant Kunj New
Delhi, under rule 115 of DSEA-1973.
PIO’s reply:
PIO had replied that “The information desired from school under RTI Act, Section-11
deals with third party information and has no relation with public interest or activity.
Dr.O.P.Kejariwal, Information Commissioner has also stated in his order 25th April, 2003
that unaided school can retain its privacy regarding its Management, Administration, Finance
etc.
Even otherwise the issue regarding applicability of RTI Act to Unaided private school is
pending in judiciary in Honorable High Court or Delhi (writ No:8363/2008) and (writ
No.8035/2008).
Further it is requested that no information regarding school should be disclosed to the
applicant without the consent of the school.”
The First Appellate Authority’s Order:
The First Appellate Authority’s Order that “the information requested for should not
necessarly be available with the PIO and the same should be collected from the school authority
and be provided to the appellant within 10 days free of cost.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mrs. Shobha Upadhyay
Respondent: Mrs.Satinder Kaur, PIO
The respondent will provide the following to the appellant:
1- Attested copy of letter by which the management committee of Deep Public School,
DII Vasant Kunj made request for DE nominee.
2- The resolution issuing charge sheet – the PIO states that they do not have this. They
will give this information in writing.
3- Copy of approval for suspension accorded by Department of Education to the School
– the PIO states that no approval has been sought. They will give this information in
writing.
Decision:
The appeal is allowed.
The PIO will give the information described above before 25 June 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
17 June 2009
(In any correspondence on this decision, mentioned the complete decision number.)
AK