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Decision No. CIC/SG/A/2010/001219/8134
Appeal No. CIC/SG/A/2010/001219
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Sanjay Gupta,
Jhuggi No. 1, Near B- 39,
Karam pura (back side),
New Delhi - 110015.
Respondent : Mr. Jai Chand Srohiya
APIO & School Inspector
Education Department (West Zone),
Municipal Corporation of Delhi,
Rajori Garden, West Zone,
Delhi.
RTI application filed on : 21/11/2009
PIO replied : 07/12/2009
First appeal filed on : 29/12/2009
First Appellate Authority Ordered on : 12/02/2010
Second Appeal received on : 07/05/2010
Date of Notice of Hearing : 17/05/2010
Hearing Held on : 15/06/2010
The Appellant wanted information regarding shutting down of schools by the Education
Department, West Zone:
Sl. Information Sought Reply of the Public Information
Officer (PIO)
1 Total number of schools of the Corporation in A List of all Schools in the Zone along
West Zone. Specify the number of schools in each with the ward No. enclosed in reply to
ward providing the new ward numbers as well. Query 1 to 3.
2. Number of schools in the West Zone where Same as above.
education is being imparted; specify names of
such schools, wards and their address.
3. Number of schools in the West Zone where Same as above.
education is not being imparted and the premises
are being used for other purposes; specify names
of such schools, wards and their address.
4. Reason for ordering the shutting down of schools The schools were shut on account of
in the Zone. Provide a copy of such order and the inadequate attendance of students.
name, designation and address of authorities that Permission for the same was granted by
passed such orders. competent authority from the Main
office, Kashmere Gate. The orders passed
may be inspected on any working day in
the Education Department, West Zone.
5. Details of the authorities who have permitted to No information in this regard is available
use the school premises for purposes other than with the Education Department. The
imparting education. same may be availed from the MCD.
Ground of First Appeal:
Incomplete and wrong information had been received from the PIO in respect of Query No. 3, 4
and 5.
First Appellate Authority (FAA) ordered:
PIO had been directed to revisit queries 3, 4 and 5 within seven days and submit a detailed reply.
However, if the PIO thought that the reply did not fall within his jurisdiction, he may explain
why it had not been transferred to the concerned PIO within the stipulated time.
Ground of the Second Appeal:
Unsatisfactory information furnished by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Sanjay Kr. Gupta;
Respondent: Mr. Jai Chand Srohiya, APIO & School Inspector;
The Appellant is trying to get information about Municipal Schools which are being
closed. He states that there is a crying need for education for citizen’s children the Municipal
Corporation is giving away its buildings and properties and closing down the schools. The
Respondent states that MCD does not even have records as to how and when the schools are
being closed and on what authority. The Commission realizes that this is the level of importance
which MCD gives to its extremely important functions to provide education to the children.
When contrasted with the Government’s objectives under Right to Education Bill this seems to
indicate lack of any serious purpose in MCD. The Respondent states that he has not means of
getting the complete information on query-4 & 5 for the appellant.
The Commission directs Additional Commissioner (Education), Mr. Janak Diggal is directed to
ensure that information on query-4 & 5 is sent to the appellant before 05 July 2010.
Decision:
The Appeal is allowed.
The Additional Commissioner (Education), Mr. Janak Diggal is directed to
ensure that information on query-4 & 5 is sent to the appellant before 05 July 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 June 2010
(In any correspondence on this decision, mention the complete decision number.)(SC)
CC:
Mr. Janak Diggal
Additional Commissioner (Education),
Municipal Corporation of Delhi
Town Hall, Chandni Chowk,
Delhi