CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002293/5416
Appeal No. CIC/SG/A/2009/002293
Relevant Facts
emerging from the Appeal:
Appellant : Mrs. Anita Verma
4436/B 5&6,
Vasant Kunj,
New Delhi- 110070.
Respondent : Ms. Abha Joshi
Public Information Officer & DDE
Government of NCT of Delhi.
Directorate of Education,
O/o Dy Director of Education Distt, Central Plot,
No5, Jhandewalan,
New Delhi- 110005.
RTI application filed on : 23/04/2009 PIO replied : 26/05/2009 First appeal filed on : 19/06/2009 First Appellate Authority order : Not mentioned. Second Appeal received on : 10/09/2009 Date of Notice of Hearing : 10/10/2009 Hearing Held on : 09/11/2009
Information Sought (from Sardar Patel Vidyalaya, Delhi).
The Appellant has sought information regarding the total number of applications received for
admissions of class Nursery, Senior Nursery and Class 1 in the year 2007-08, 2008-09 and 2009-
2010, criteria adopted for admissions by the school, the number of students admitted and
physical inspection of the records.
Reply of PIO:
The PIO has highlighted the judgment of High Court of Delhi, which stated that private
educational institutions (in the matter of Air Force School) do not come under the purview of
RTI. Therefore, the Appellant’s application too did not come under RTI. The PIO had furthered
enclosed a newspaper clipping of the judgment.
First Appeal:
Unsatisfactory information provided by the PIO.
Order of the FAA:
Not mentioned.
Ground of the Second Appeal:
Unsatisfactory information given by PIO, the court order or judgment on which the information
was not furnished was not provided by PIO, and FAA did not fix any hearing date even after 2
months, to solve the issue.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mrs. Anita Verma;
Respondent : Ms. Abha Joshi, Public Information Officer & DDE;
The information sought by the Appellant was not been collected by the Department at the time of
the Application. Subsequently by decision of the Commission this information had been ordered
to uptup on the website of the department suo-moto under its obligation under Section 4 of the
RTI Act. There was a legal requirement since 2008 for the department to obtain this information
but actual practice this was not being done. The PIO had brought the information 2009-10 which
has been uploaded on the website and the PIO is directed to provide the information for 2008-09
to the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to give information as mentioned above to the Appellant before
20 November 2009.
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
09 November 2009
(In any correspondence on this decision, mention the complete decision number.)(RR)