Detailed information was sought from Kendriya Vodyalaya - CIC: Provide an opportunity to the Appellant to inspect available information about all purchase made from vvn and other funds on a mutually decided date and time duly
11 Nov, 2023
Information sought:
The Appellant sought following information:
1. Please provide the details of all purchase made from vvn and other funds in the Vidyalaya including the voucher/bill copy from 01.01.2018 to till today.
2. Please provide the details of computer fee charged from primary student (1st to 5th and photo copy of time table of computer teacher for primary classes.
3. Please provide the copy of attendance register showing timing of arrival and departure of principal from school from 01.01.2018 to till today. And please provide details of biometric also since 01.01.2018
4. Please provide the copy of lesson plan and diary for classes taken by principal since 01.04.2021.
5. Please provide Details of facilities provided to divyang children like ramp and special washrooms.
6. Please provide details of special classes arranged for divyang childrens
7. Please provide details of female’s teacher who have been denied child care leave since 01.01.2018.
8. Please provide details of those children who left school or issued t.c in midsession and fee collected from them and also details of fee refunded after issuing t.c since 01.01.2018.
• PIO furnished reply, vide letter dated 06.05.2022, as under:
1. The time period from 01.01.2018 till date (4 years and 4 months) is a very long duration, and it is not possible to keep all the vouchers and bills of these years in a consolidated form. It will take time to organize them and make copies of their duplicates. Therefore, as per Section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act, 2005, this information cannot be provided by the school. However, if the applicant wishes, he/she can visit to the school with prior information and view these documents within office hours.
2. Computer fees are not charged for classes 1 and 2. There are a total of 383 students from classes 3 to 5 (as of 05.05.2022, academic session 2022-2023). The total fees at the rate of Rs. 100/- per student per month is Rs. 38,300/-. As per the rules of the Kendriya Vidyalaya Sangathan, a time table is provided to the computer instructor for taking classes.
3. As a Class-1 officer, the principal does not need to sign in and out in the attendance register. As per Section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act, 2005, this information cannot be provided by the school. However, if the applicant wishes, he/she can visit the school with prior information and view these documents within office hours.
4. As per the rules of the Central Board of Secondary Education, the principal has taken charge of the classrooms. There is no record available for the previous year's curriculum.
5. The school has a ramp and washroom on the ground floor.
6. No special class has been organized as there are no differently-abled students in the school.
7. The school does not prohibit any female teacher from taking maternity leave.
8. As per the rules of the Central Board of Secondary Education, students are provided with transfer certificates from the school.
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 28.06.2022.
• The FAA vide order dated 01.08.2022 has upheld the reply of the CPIO.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Authorised Representative on phone
Respondent:
1.Mr. Pravin Kumar (A.O)
2. Sunil Kumar (Principal)
3. Harish (Assistant S.O)
Appellant has submitted that he has not received the information. He further requested the Commission to direct the CPIO to furnish the relevant information.
Upon the Commissions instance, the CPIO has submitted that they have provide point -wise information. He further stated that they have offered inspection to the appellant, but he never visited. He further affirmed that he would abide by the orders of the Commission.
Decision:
Commission based on the averment of the Appellant during hearing, directs the PIO to provide an opportunity to the Appellant to inspect available and relevant information as sought on point no 1 in the instant RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and/or in writing at the respondent’s office. As regards the other points the Commission is of the opinion that appropriate response has been provided.
In case, relevant information pertains to some other Branch/Department, then the concerned PIO should procure and provide relevant documents for the said inspection. Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of prescribed fees as per RTI Rules, 2012. However, no information shall be furnished by the PIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005.
The said direction should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. No further action lies.
The appeal is disposed of accordingly.
Heeralal Samariya
Information Commissioner
Citation: Gaurav Kumar v. Kendriya Vidyalaya Sangathan (Ministry of Education) and Office of the Principal, Kendriya Vidyalaya (Ministry of Education), CIC/KVSAN/A/2022/646633; Date of Decision: 14.09.2023