Can the student be detained in same class without informing him in advance?
The appellant’s son was a XI class student of a Public School of Delhi was detained in class XI. He filed an application under the Right to Information (RTI) Act with the Directorate of Education (DoE) seeking to know whether the Principal has the authority to detain the boy in class XI without informing him in advance. He also wanted to know whether his son can re enter in class XI or not, if yes then the reasons as to why the Principal has not yet let his son be readmitted to class XI etc. The Public Information Officer (PIO) informed that the applicant that a part of his application concerning some rules has been transferred to Act Branch of CBSE. Regarding the action taken on his representation, the PIO stated that a letter has been sent to the concerned school and that no reply has been received.
During the hearing the before Central Information Commission (CIC), the respondent submitted that the DEO Zone XIII had written to the Vice Principal of the school directing the Principal to admit the appellant’s son who was detained in class XI. He also informed that matter regarding discipline/ behavior of the student may be taken up with the parent at school level and the school may take assurance from the parents about good conduct of the student. In respect of the action taken on the appellant’s complaint, the respondent reiterated that the complaint was transferred to the Principal of the school.
View of CIC
The Commission observed that the appellant has not received any reply from the school and that the said school is not a Public Authority. The Commission however, agreed that as per the directions given by the DEO Zone XIII to the Principal of the said School, he has to provide the required information to the appellant. The CIC issued the show cause notice to the PIO, Act Branch as to why penalty should not be imposed upon him for not providing the reply to the transferred RTI application.
Citation: Mr. Krishan Murari v. Directorate of Education in File No: CIC/AD/A/2012/002757
RTI Citation : RTIFI/2013/CIC/1240
Click here to view original RTI order of Court / Information Commission