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Decision No.CIC/SG/A/2009/002857/6076
Appeal No. CIC/SG/A/2009/002857
Appellant : Mr. Bir Bahadur Singh Rathour
BE-29, Ground Floor,
Hari Nagar,
New Delhi-110064
Respondent : Dr. K.S. Yadav
Public Information Officer & Dy. Director
O/o The Deputy Director of
Education, District West-A,
Karampura, New Delhi
RTI application filed on : 17/03/2009
PIO replied : 18/04/2009
First Appeal filed on : 06/05/2009
First Appellate Authority order : 22/05/2009
Second Appeal Received on : 06/11/2009
Notice of Hearing Sent on : 24/11/2009
Hearing Held on : 24/12/2009
Appellant sought following information regarding Mahashay Chunni Lal Saraswati Bal Mandir,
Sr. Sec, L-Block Haro Magar, New Delhi:
S.No Information Sought PIO's Reply
1. The date of recognition and the copy of the Recognition The school was recognized prior
letter of the school. to 20 years from the date of
2. List of the employees of the school starting from the information sought by the
recognition of the school till date. Appellant and thus exempted
3. The list of the employees appointed by the school from under section 8 of the RTI Act.
the date of recognition till date.
4. The common seniority list of the employees of the Common seniority list not
school available with the PIO.
5. The transfer policy of the employees of the school. Transfer policy not available
with he PIO
6. The rules regarding the transfer of the employees of the ---do----
school as per DSEAR, 1973 to other school or society
running the schools
7. (In this para, no information sought by the Appellant) No information is sought.
The condition no. X of the Prescribed guidelines of
"Scheme of Management" for recognizes a private
school is that the employees of the school shall be
governed under the code of conduct as required.
8. Whether the Directorate of Education had issued any Chapter VII, DSEAR, 1973,
guidelines/ directions for adoption of Model Form of provides the guidelines for
Contract of Service as recommended by the DSEAR, recruitment and term &
1973 to the Samarth Shiksha Samiti/ this school conditions of service of
regarding its employees, and whether the Smiti/School employee of private school. As
has complied with the same, if not, what action has been per office record, Dte. of
taken. Education had not issued
direction for adoption of Model
form of contract of service.
Grounds for First Appeal:
Contradictory information supplied and not as sought by the Appellant.
Order of the First Appellate Authority:
Appellant filed he appeal stating that he had not received information to his applications dt.
09/03/2009 and 17/03/2009.
FAA stated that there is no provision in the RTI Act-2005 to file a combined appeal for two
applications he found no justification to admit the Appeal
Grounds for Second Appeal:
Reply was not satisfactory for points no, 1 to 6.
Information sought was not provided point wise with documents.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Bir Bahadur Singh Rathour;
Respondent: Dr. K.S. Yadav, Public Information Officer & Dy. Director;
The appellant had sight information about an unaided school. Some of the information is
not available with the department and since the school does not appear to be a public authority it
would be difficult to enforce right under Right to information. The PIO is now directed to give
the following information to the appellant which are available with the department:
1- Staff statement of the school for the last four years.
2- Whether the recognized schools have to follow rule 115 to 121 for breach of any
provision of the code of conduct by the employees.
Decision:
The appeal is allowed.
The PIO is directed to provide the complete information to the appellant before 15
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
24 December 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj