PUNEET KUMAR Vs. STATE INFORMATION COMMISSION

JUDGEMENT

(1.) The appellant has filed this instant Letters Patent Appeal under Clause X of the Letters Patent, challenging the judgment dated 06.02.2017 passed by the learned Single Judge, dismissing Civil Writ Petition No. 2133 of 2017 filed by the petitioner (appellant herein), whereby the complaint dated 29.12.2014 (Annexure P-8) under section 19(3) of the Right to Information Act, 2005 (hereinafter referred to as "the RTI Act"), was dismissed.

(2.) Put pithily, the appellant-petitioner, through an application before the State Public Information Officer-cum-District Education Officer, Hisar, sought information pertaining to different public schools in Haryana regarding their affiliation, area and size of the schools in square meter; attested copies of NOC of fire safety certificate for the last three years; details of qualification of the teachers; attested copies of last two years salary slips of all staff members; existence of facilities of ramp in class rooms; strength of the students; details of the employees and details of the employees provident fund registration numbers; ESI registration numbers; number of toilets in the school; details of admission; details of labs; the mode of accepting fee and including the information pertaining to the vehicles used by the schools and NOCs provided by the transport department etc. However, being dissatisfied with the response, the appellant filed the first appeal dated 20.8.2014 (Annexure P-2) before the First Appellate Authority-cum-District Education Officer, Hisar. The Deputy District Education Officer, Hisar ( The First Appellate Authority), vide letter dated 25.8.2014 (Annexure P-7) informed the appellant for hearing of his appeal and also directed him to be present in person along with relevant records on 01.09.2014 at 11.00 A.M. in the office of District Education Officer, Hisar. It is the case of the appellant that the information sought for under the Act was not supplied to him nor was any action taken against the private schools who did not provide him the requisite information under the Act. Consequently, the appellant preferred a second complaint dated 29.12014 (Annexure P-8), which was dismissed vide order dated 27.2016 (Annexure P-10) passed by the State Information Commission, Haryana (respondent no.1) observing that the information sought for by the appellant pertains to the private schools, which are neither government aided nor get any kind of grant from the government. Hence, the schools for which the information has been sought, were not covered under the RTI Act. Being aggrieved, the petitioner (appellant herein) filed Civil Writ Petition No. 2133 of 2017, which was dismissed vide impugned order dated 06.02017 passed by the learned Single Judge.

(3.) Learned counsel for the appellant contended that though the information sought for by the appellant under the RTI Act relates to private schools, yet they are under direct control of the District Education Officer or the Block Education Officers and every detail thereof is available with the District Education Officer. The observation made by the learned Single Judge that the information sought under the RTI Act, has no relationship to any public activity or interest, is erroneous and thus, is not sustainable in the eyes of law.