CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001324/4898
Complaint No. CIC/SG/C/2009/001324
Complainant : Mr. Satish Kumar Tripathi,
98, Type-II, Govt. Colony,
Near Ramlila Ground, Unnao, Uttar Pradesh
Respondent : Assistant Secretary
Council For The Indian School Certificate
Examinations
Pragati House, 3rd Floor, 47-48,
Nehru Place, New Delhi - 110019
Facts
arising from the complaint:
Mr. Satish Kumar Tripathi had filed a RTI application with the Respondent on
12/08/2009 asking for certain information. The Respondent has informed the Complainant vide a
letter dated 17/08/2009 that the council is not a public authority and as such is not covered under
within the meaning of Section 2(h) of the RTI Act, 2005. The Complainant has filed a complaint
under Section 18 to the Commission.
The Respondent has informed the Commission in an earlier Decision No.
CIC/SG/C/2009/000585/3779 that the Council is an autonomous educational body registered
under the Societies Act. The Council is neither established under any law nor is it owned,
controlled or financed by the Government. Therefore, the Section 2 (h) of the RTI Act does not
apply to the Council. The Council had added that the aspect of applicability of the provisions of
RTI Act to the Council has been challenged in the Hon’ble High Court of Delhi in WP (C) No.
8537/2008 titled CISCE v. CIC & Anr wherein the order of the Commission has been stayed by
the Court vide order dated 02/12/2008.
As the High Court of Delhi has not delivered its final judgment in this matter and the stay
order continues with regard to the applicability of the RTI Act to the Respondent, the
Commission cannot take any further action in the present matter.
Decision:
The Complaint is disposed off.
Shailesh Gandhi
Information Commissioner
22 September 2008
(For any further correspondence in this matter, please quote the file no. mentioned above)