Seeking employment details of a teacher employed with unaided school - CIC: information falling under the Management Information System (MIS) which filed by each school (whether aided or unaided) to the Dir. of Education is subject to disclosure under RTI
1. Complainant submitted RTI application dated 4 August 2012 before the CPIO, Raisina Bengali School, New Delhi seeking employment details including attendance AND Salary of Mrs. Rakhi Ghosh since year 2002.
2. Vide CPIO’s Order dated 28 August 2012, Complainant was asked to take information directly from the appropriate authority namely the Raisina Bengali School Society.
3. Being aggrieved and not being satisfied by the above response of the public authority, the complainant preferred complaint before the Commission.
4. Commission has heard both the parties in detail. The core issue before the Commission is whether the information sought pertaining to the teacher employed with the KG/Nursery Section of the Raisina Bengal School (unaided) can be disclosed under the RTI Act, 2005.
5. The Commission at this stage would like to quote a recent Order of the Honourable Delhi High Court dated 2 May 2013 in which the Court has held that a certain category of Complaint: No. CIC/AD/C/2013/000210/DS information squarely fall under the RTI Act, even for unaided private schools of Delhi.
6. The Court in the case Delhi State Public School Management Association V. Directorate Of Education and Anr (WP no. 21/2011 Order dated 2/5/2011) observed that the interim order passed on 6 January 2011 is absolute.
7. In the Order dated 6 January 2011, the court had observed that – “...Notice limited to the disclosure of the information collected by the MIS (Management Information System) as well as the directions given in para 3 concerning disclosure of all the information contained in AppendixII to the DSEAR....Till the next date of hearing, there shall be a stay of the impugned order of the CIC only to the extent that it requires the details relating to the AppendixII to the DSEAR to be uploaded on the website of the DOE.”
8. In light of the above observations of the Delhi High Court, it becomes clear that any information falling under the Management Information System (MIS) which is to be filed by each school (whether aided or unaided) to the Directorate of Education is subject to disclosure under the RTI Act, 2005.
9. Hence, Commission directs the President, Governing Body, Raisina Bengal School, to check with the CPIO, Directorate of Education (within two weeks of the receipt of the Order of the Commission) that whether information sought by the Appellant in the RTI Application dated 4 August 2012 seeking employment details including attendance, salary of Smt. Rakhi Ghosh forms an essential component of the Management Information System (MIS) which is to be filed by each school (aided and unaided) to the Directorate of Education, Delhi as per the directions of the High Court.
10. If information sought by the Appellant falls within the ambit of the above mentioned MIS, the same should be disclosed under the RTI Act, 2005 to the Appellant, free of costs, within two weeks of the assent, as provided by the Directorate of Education, Delhi to the President, Governing Body, Raisina Bengal School.
11. Further, a copy of the compliance of the above Order is directed to be sent to the Commission.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Citation: Shri Akshay Ghopsh v. Directorate of Education in Complaint: No. CIC/AD/C/2013/000210/DS