Central Information Commission Judgements

Mr. Aman Kumar vs Government Of Nct Of Delhi on 26 April, 2011

Central Information Commission
Mr. Aman Kumar vs Government Of Nct Of Delhi on 26 April, 2011
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796

                                                                Decision No. CIC/SG/C/2010/001465/12136
                                                                   Complaint No. CIC/SG/C/2010/001465

Relevant Facts

emerging from the Complaint:

Complainant                                      :       Mr. Aman Kumar,
                                                         A-18, Raksha Kunj,
                                                         Paschim Vihar,
                                                         New Delhi-110663

Respondent     (1)                                :     Ms. Urmil Khanna
                                                        PIO & Deputy Director of Education,
                                                        Directorate of Education,
                                                        Govt. of NCT of Delhi, District North,
                                                        Lucknow Road, Delhi -
                                                        Delhi - 110054

Respondent      (2)                                   : Mr. P. C. Malhotra
                                                         Public Information Officer
                                                         Queen Mary Senior Secondary School,
                                                         Tis Hazari, Delhi-110054

RTI application filed on               :      05/08/2010
PIO replied                            :      Not mentioned.
Complaint received on                  :      10/02/2011
Notice of Hearing sent on              :      31/03/2011
Hearing held on                        :      26/04/2011

Information sought:-

The Complainant wants the following information:-

How many karate teachers are there in the school, whether temporary or permanent and what salary do
they draw from the school and under what pay scale?

How many students in total are learning karate in the school and how much fees is being charged from
each student? Is any receipt being given in lieu of that fees?
What is “Belt Test”? Who conducts it school or karate teacher? What is the fees of this belt test? Is any
receipt being given in lieu of that fees? How much school charges for this belt test? Whether belt test
is compulsory?

How much income has been earned by the school through karate fees & belt test fees in the last 5 years?
What is the criteria for allotting subjects in 11th class to the students who have passed 10th class from this
school . Provide the data of such allocation for all the subjects of the current year 2010-2011.

Grounds of the First Appeal:

The Complainant was not given reply to the queries asked by him.
Ground of the Complaint:

Information not provided by PIO.

Submissions received from the PIO:

The requested information falls under the jurisdiction of department. Hence the application is being
transferred to you under subsection (3) of section 6 of RTI Act 2005. the further action to be taken at your
end & the requested information may kindly be made available to the applicant directly.

Relevant Facts emerging during Hearing:

The following were present
Complainant: Mr. Aman Kumar
Respondent (1): Ms. Urmil Khanna, PIO & Deputy Director of Education, Directorate of Education;
Respondent (2): Mr. P. C. Malhotra, Public Information Officer, Queen Mary Senior Secondary School;
The Complainant has been given the information before the Commission. The PIO states that they
received about Rs.2.42cr as grant-in-aid from the Government, whereas the total annual expenditure of the
school including the primary section is about Rs.13.31cr. The Sr. Secondary School is aided by the
Government. The School has however filed a writ in the Delhi High Court no. WP(C) NO.523/2011 on
28/01/2011. Since the school appears to believe that it is not a public authority and has approached the
High Court, it did not provide the information initially. However, after the order of the Commission the
school has provided the information. In view of this no showcause is being issued for penalty proceedings.

Decision:

The appeal is allowed.

The information has been provided to the Complainant.

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, 2005.

Shailesh Gandhi
Information Commissioner
26 April 2011
(In any correspondence on this decision, mention the complete decision number.) (RR)