Central Information Commission Judgements

Mr. P.D. Ramphael vs Central Board Of Secondary … on 9 February, 2009

Central Information Commission
Mr. P.D. Ramphael vs Central Board Of Secondary … on 9 February, 2009
                  CENTRAL INFORMATION COMMISSION
                         Room No. 415, 4th Floor,
                       Block IV, Old JNU Campus,
                           New Delhi 110 066.
                          Tel : + 91 11 26161796

                                               Decision No. CIC /SG/A/2008/00355/1539
                                                      Appeal No. CIC/SG/A/2008/00355
Relevant Facts

emerging from the Appeal:

Appellant : Mr. P.D. Ramphael
Pudussery House, Calvary Corner,
Poothole P.O., Thrissur, Kerala-680004

Respondent : Ms. Rama Sharma
Public Information Officer
Central Board of Secondary Education
Shiksha Kendra, 2, Community Centre,
Preet Vihar, Vikas Marg, Delhi – 1100092

RTI application filed on : 05/07/2008
PIO replied : 31/07/2008
First appeal filed on : 18/08/2008
First Appellate Authority order : Not mentioned.

Second Appeal filed on : 09/12/2008

The appellant had sought information from CBSE regarding disciplinary proceedings against
him.

Sl.                Information Sought                           PIO's Reply
1.    Can Shri P.a. Jose M.Sc., M.Phil. whose         (i)     The Board does not have
      DOB is May 1, 1949 and a retired Professor              information           about
      of Christ College affiliated to University of           appointment       of    the
      Calilcut who completed the age of 55 years              incumbent as Principal of
      which is the age for retirement according to            the School.
      Kerala Service Rules which is applicable to     (ii)    Eligibility for the post of
      teachers or Professors or Principals of                 Principal      has     been
      Government of Kerala according to Kerala                prescribed in Rule 53
      Education Rules, join as a Principal of                 Chapter-XI of Affiliation
      Devamatha        CMI       Public    School,            Bye Laws of the Board
      Thiruvambaby PO., Thrissur, Kerala-                     which are available on the
      680022(Code no.930468) in May 2006 and                  website of the Board
      continue as a Principal till today? If yes,             i.e.WWW.cbseaff.nic.in

Kindly furnish the order or circular or any
relevant document showing a person who is
academically eligible to be a Principal but
attained the age of More than 55 years, can
be the Principal of a private CBSE affiliated
school in Kerala.

2. Was Fr. Shaju E.D. the principal of Information not available.

Devamatha CMI Public School, during the
period of May 2006 to August 2007?

3. Can Fr. Shaju teacher of the school affiliated Information not available.

to CBSE, Delhi submit a Chief affidavit
before the Hon’ble Enquiry Commission
claming himself as the Principal of the said
School, code no. 930468?

4. Kindly furnish the copies of procedure of The comments on the points raised in
monitoring a complaint on malpractice in a the complaint will be sought from the
private CBSE affiliated school. concerned school and action will be
taken on examining its merits as per
provisions of Affiliation Bye Laws.

5. Please specify the official website address of Regional office Chennai does not have
the Regional Office, CBSE, Chennai. separate website and sharing CBSE’s
official website www.cbse.nic.in

6. Should regional office, Chennai consider Yes,
register and enquire a complaint on
malpractice in a Private CBSE affiliated
school in Kerala which is sent to Regional
Office, CBSE Chennai? If not, should
regional office Chennai forward the
complaint to H.Q. Delhi.

First Appellate Authority’s Order, if any:
Not mentioned.

Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Ms. Rama Sharma PIO
The information with CBSE has been provided by the PIO. The appellant wants information
which is with the school. The PIO states that the Devamatha CMI Public School is a private
unaided school affiliated to the board. The information sought by the appellant is not with the
board, hence it cannot be provided.

Decision:

The Appeal is dismissed.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
February 09, 2009.

(In any correspondence on this decision, mention the complete decision number)