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Decision No. CIC/SG/A/2009/002664/5891
Appeal No. CIC/SG/A/2009/002664
Relevant Facts
emerging from the Appeal:
Appellant : Mr. C.K. Sharma
House No. D-35, Gharonda Appartments,
Shreshtha Vihar, Delhi - 110092.
Respondent : Ms. Usha Kumari
Public Information Officer &
Dy. Director Education (East)
Govt. of NCT of Delhi,
Directorate of Education,
O/o The Dy. Director of Education,
District - East, Anand Vihar,
Delhi.
RTI application filed on : 27-05-2009
PIO replied : 18-07-2009
First appeal filed on : 12-08-2009
First Appellate Authority order : 10-09-2009
Second Appeal received on : 21-10-2009
Date of Notice of Hearing : 05-11-2009
Hearing Held on : 15-12-2009
The Appellant had sought following information from PIO – Director of Education
regarding Rule 50 of Delhi School Education Rule, copy Recognition letter and upgradation
letter in respect of Vivekanand School, private coaching Centre to run tutorial by school, about
action taken about such school.
S. No. Information sought. The PIO’s reply.
1. Is it true that under Rule 50 of Delhi Information had been provided to the
School Education Rule, 1973 the School appellant.
premises cannot be utilized for
commercial purposes?
2. Provide a copy Recognition letter and Copies of recognition & upgradation letters
upgradation letter in respect of had been provided to the appellant.
Vivekanand School, D-Block, Anand
Vihar, Delhi – 110092.
3. Is it true that Management of No such report to the effect of private
Vivekanand School, D-Block, Anand coaching centre in the school premises has
Vihar, Delhi – 110092 has given its come to the notice of the Zonal Authority.
premises to private coaching Centre to
run tutorial classes at the cost of Rs.
31500/- per student?
4. Provide details of other schools who Details of Schools having subletted premises
have Subletted their premises to banks to banks & Private coaching institute is not in
and private coaching institutes? the knowledge of the authority except that
corporation bank is reported to be beside the
premises of Arwarchin Public School, Vivek
Vihar, Delhi.
5. What action has been taken or is Since there is nothing to the knowledge of the
proposed to be taken against such authority regarding use of school premises for
schools that are using school premises commercial purposes hence question of
for commercial purposes? proposing any action does not arise.
Ground of the First Appeal:
Incomplete, incorrect, unauthenticated and is signed by the Office Superintendent who is
not competent authority had been provided to me (Appellant).
Order of the FAA:
“The PIO/DDE (East) is directed to ask EO (Zone – I) for obtaining specific reply /
information from the school and then forwarded the same to the appellant”.
Ground of the Second Appeal:
Incorrect, incomplete information had been provided by the O.S. not by the PIO. After FAA
order, incomplete & incorrect information had been provided to the appellant.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. C.K. Sharma;
Respondent : Ms. Usha Kumari, Public Information Officer & Dy. Director Education (East);
The appellant has been informed that the premises of the school have not been sublet and
that tutorial classes are not running in the said school as per the records. The Appellant alleges
that this is indeed the case and the PIO is willing to investigate this matter and give a report to
the appellant.
Decision:
The Appeal is allowed.
The PIO is directed to conduct an investigation and give a copy of the report to the
Appellant before 05 January 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
15 December 2009
(In any correspondence on this decision, mention the complete decision number.) (BK)