POORNA PRAJNA PUBLIC SCHOOL Vs. CENTRAL INFORMATION COMMISSION

JUDGEMENT

(1.) The petitioner Poorna Prajna Public School is a private unaided school recognized under the Delhi School Education Act, 1973 (hereinafter referred to as DSE Act, for short). Mr. D.K.Chopra, respondent no.4 herein, father of a former student of the petitioner School, had filed an application under the Right to Information Act, 2005 (hereinafter referred to as the RTI Act, for short) before the Public Information Officer appointed by the Department of Education, Government of National Capital Territory of Delhi(GNCTD, for short) on or about 18th September, 2006. Respondent no.4 had asked for the following information :- 1]. Please provide me the information under RTI Act as to what decision were taken on my representations filed in your office Vasant Vihar file no.133/2005 and other offices. Why they were not communicated to me within stipulated period? What are the office rules? 2]. MVS Thakur, Education Officer, told me on 25.1.2006 that they cannot interfere much in the non- aided school, but what is the role of your observer who was present in Executive Committee Meeting in Pooran Prajna Public School on 24.1.2006. If school does not do two meetings in a year what punishment can be given and who will give it. 3]. I may be provided all copies of the minutes of the school since 1988 and action taken report.

(2.) Information in respect of query no.3 i.e. copies of the minutes of the managing committee were not available with the Department of Education. Accordingly, a request was sent by the Department of Education to the petitioner School. The petitioner School by their letter dated 30th August, 2007 submitted that they were a private unaided institution and not covered under the RTI Act and respondent no.4 had no locus standi to ask for information. It was pointed out that respondent no.4 had filed a writ petition in the High Court against the petitioner School which was dismissed. The petitioner also relied upon Rule 180(i) of the Delhi School Education Rules, 1973 (hereinafter referred to as DSE Rules, for short) and submitted that the information sought for cannot be furnished and was outside the purview of the RTI Act.

(3.) Not satisfied with the order passed by the public information officer, the respondent no.4 filed the first appeal and then approached the Central Information Commission (hereinafter referred to as CIC, for short).