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  1. #1
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    RTI rejected by District Educaton Officer (DEO), Jaipur regarding information about private school


    Hi Friends,

    I had read an Article thoroughly in this forum by respected jps50 sir from RTI India Team titled "How to get information of private entity under RTI?".

    In this article jps50 sir had written:

    HOW TO GET INFORMATION OF PRIVATE ENTITY? />


    You can get information pertaining to private entity [private schools, colleges, coop societies/banks, private sector banks and insurance companies, public/private trusts, private service providers, public limited companies etc] under section 2 [ f ] of RTI Act. Please follow this procedure.

    1. Find out the government dept or government regulator with which the private entity is registered or is being controlled or monitored. For example trusts are reporting to Charity Commissioner of the area, mobile service providers to TRAI, private banks to RBI, insurance companies to IRDA, public limited companies to SEBI and Registrar of Companies. Coop Societies/banks report to District Registrar of Cooperative Societies. Schools are controlled by Dist. Education Officer and colleges by university. Majority of private bodies are controlled by one or the other govt. dept/regulator.


    4. Add following as query:

    Particulars of information required:

    Please provide me information as per annexed list relating to ____________having Head/Main office at __________________ from your records and also by obtaining from the said entity under section 2 [ f ] of RTI Act 2005, which is reproduced here under for your kind reference:

    (f)”information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;



    Issue/Query:
    ===========

    I wanted to get the information about the faculties teaching in a private school viz....... Delhi Pulbic School, Jaipur. Since its a private school I decided to write an RTI to the District Education Officer (DEO), Jaipur (As per the blog private schools are controlled by District Education Officer - DEO). I added the same query as given in S.No.4 above namely:

    "Particulars of information required:

    Please provide me information as per annexed list relating to Delhi Public School having Head/Main office at Jaipur from your records and also by obtaining from the said entity under section 2 [ f ] of RTI Act 2005, which is reproduced here under for your kind reference:

    (f)”information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;"

    I had also attached the relevant decisions (hard copies) as given in the blog by jps50 sir:

    http://www.rtiindia.org/forum/blogs/...formation.html

    Information under RTI ACT from Private entity: Some important Decisions.

    Important decisions on section 2 [ f ] of RTI Act in support of providing information of private entity by public authority:



    Mainly I had attached the hard copies of the decisions specifically relating to the private school in the Annexures as given below:

    1. Decision of Delhi High Court --- Writ Petition (Civil) NO. 7265 of 2007- Poorna Prajna Public School vs CIC

    2. Decision of Allahabad High Court dated 24-01-2008 in Dhara Singh Girls High School v/s State Of Uttar Pradesh through Its Secretary (Secondary Education), U.P. Government And Ors.

    3. CIC decision dated 21-07-2006 in appeal No. CIC/OK/A/2006/ 00127-- Shri Jehangir B. Gai vs Bureau of Secondary Education,

    4. CIC decision No.714/IC(A)/2007 F. No.CIC/MA/A/2007/00104 dated 18-05-2007 and Decision No. 1231 /IC(A)/2007 -- Shri D.K. Chopra vs Directorate of Education, GNCT of Delhi

    5. CIC decision Nr. CIC/WB/A/2007/00179 dated 14-2-2007 - Abid Khan vs Directorate of Education, GNCT Delhi

    6. CIC full bench decision No.5607/IC(A)/2010 dated 14-07-2010 in appeal No. CIC//MA/A/2008/01117 Ms. Bindu Khanna V/S Directorate of Education, Government of NCT of Delhi



    Today I received a reply from the District Education Officer (DEO), Jaipur about my RTI application stating that since the said school viz... Delhi Public School - DPS, Jaipur does not run under their control/authority so they have asked me to contact the relevant department for the same (I don't understand who do they mean by the relevant department). They have returned my RTI application along with the postal order (IPO). They have not even bothered to consider the relevant High Court and CIC decisions attached by me (hard copies) with my RTI application and just mentioned that the school does not work under their control and have asked me to contact the relevant authorities for the same.

    On one hand we are saying that private schools are Controlled by District Education Officer (DEO) and when I write to them (DEO) asking about information relevant to faculties teaching in a private school then the DEO states that the school does not work under their control.

    What can be done now?

    Do I file a First Appeal?. If YES then what should be my Grounds Of Appeal ?

    Please do help in getting information from the private school. I am in dire need of guidance. Hope I am working in the right direction.

    Thanks and Regards,
    Sid.



  2. #2
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    Default Re: RTI rejected by District Educaton Officer (DEO), Jaipur regarding information about private school


    First of all you made a big mistake in quoting all those decisions in the RTI application. The PIo simply "passed the buck" without even telling you what to do.

    Your RTI application should have been simple and to the point. All those citations will only help during first appeal or second appeal.

    Your only option now is a first appeal with the same citations. It has to be filed within 30 days of getting the PIos reply. The PIO shouldn't have returned your RTI application with the application fee. He could have either denied the information or transferred the application under Sec 6(3) of the RTI Act, to the public authority which is likely to hold the "information" or can get the "information".

    I don't think much is going to happen in first appeal (since you already opened all your cards) and you will have to go all the way to second appeal.

    Even a fres RTI application will be of no help, since the PIO is already forewarned about what information you are after.
    @cjkarira

  3. #3
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    Default Re: RTI rejected by District Educaton Officer (DEO), Jaipur regarding information about private school


    Is it that Delhi Public School Jaipur is not regulated by State Govt Education Dept ? If it is true, then PIO is justified in returning the application. He can get information u/s 2f from private schools which are being monitored or regulated by his department.

    In case if State Govt has different depts like primary, middle or secondary to monitor different types of private schools, then PIO should have transferred to that dept of state govt within 5 days of its receipt. However, he is not expected to transfer outside state govt [say ministry of HRD at Delhi]. In this case, first appeal is recommended.

    I have following sentence culled out from website About Us - Delhi Public School R.K. Puram, New Delhi

    Delhi Public School, R.K. Puram is affiliated to the Central Board of Secondary Education (CBSE), which is the largest educational board in the country. It is recognized by the Department of Education, Govt. of NCT Delhi and the Ministry of HRD, Govt. of India.

    It appears that it is being monitored by Ministry of HRD and hence the said school at Jaipur may be public authority under RTI Act, in which case RTI can be directly filed with it by referring:

    Central Govt. application:
    http://www.rtiindia.org/forum/blogs/...govt-info.html

    Make effective:
    http://www.rtiindia.org/forum/blogs/...effective.html

    Word Limit: Since there is limit of 500 total words [excluding both addresses and annexures] for Central Govt information, you may submit more than one application to cover all the queries and mail in one envelope.

    To avoid delay additional RTI can be filed to Ministry of HRD as per following link also which will either get the information from school or transfer it to school, if school were public authority:

    Private entity:
    http://www.rtiindia.org/forum/blogs/...under-rti.html

    Is it that schools affiliated to CBSE are not monitored by state govt education department and are directly regulated by CBSE only? In this case ministry of HRD will transfer application to CBSE, under advice to you.

    It is better to seek advice as to regulatory part of DPS Jaipur by discussing the matter with persons having knowledge of education structure.




    It takes each of us to make difference for all of us.

  4. #4
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    Re: RTI rejected by District Educaton Officer (DEO), Jaipur regarding information about private school



    Quote Originally Posted by karira View Post
    First of all you made a big mistake in quoting all those decisions in the RTI application. The PIo simply "passed the buck" without even telling you what to do.

    Your RTI application should have been simple and to the point. All those citations will only help during first appeal or second appeal.

    Your only option now is a first appeal with the same citations. It has to be filed within 30 days of getting the PIos reply. The PIO shouldn't have returned your RTI application with the application fee. He could have either denied the information or transferred the application under Sec 6(3) of the RTI Act, to the public authority which is likely to hold the "information" or can get the "information".

    I don't think much is going to happen in first appeal (since you already opened all your cards) and you will have to go all the way to second appeal.

    Even a fres RTI application will be of no help, since the PIO is already forewarned about what information you are after.
    Hi Karira Ji,

    As written in the blog "How to get information of private entity under RTI? " by jps50 sir he had asked us in S.No.

    9. Please also attach print out of following link:
    http://www.rtiindia.org/forum/blogs/...formation.html

    So as suggested by jps50 sir in his blog and as a best practice to list down the judgements starting from the RTI application itself I had listed down the judgments/citations of CIC and High Courts which were relevant in my case (private schools) and moreover I had attached the hard copy of them to the CPIO so that he can apply his mind and then give a decision. But as expected he didn't apply his mind and has just written that since the school does not work/come under their control so I need to apply to the appopriate authority. Few weeks back I had a telephonic talk also in their office and then also the person who picked up the phone said that "since the school is private it's not under their control and I would not get any information from them".

    My RTI application is very simple and to the point. Additionally I had only enumerated the CIC and HighCourt judgments/citations. I am attaching my RTI application which I had sent for your kind consideration. The document is titled "DEO.doc".

    Agreed that my only option is First Appeal with the same citations. Yeah I am aware that it has to be filed within 30 days of the PIOs reply. Yeah I am also disgusted and agree with you that - the PIO should not have returned my application with the application fee. He could have either denied the information or transferred the application under section 6(3) of the RTI act, to the public authority which is likely to hold the "information" or can get the "information".

    Please could you let me know what Grounds of Appeal do I take ? My thoughts -

    1. The PIO without applying his mind has returend my RTI applcation with the application fee. Neither did he transfer the application u/s 6(3) of the RTI act nor he denied the information under any section of the RTI act.

    2. The citation and judgments mentioned are enough to show that private schools come under RTI Act 2005.

    3. DEO is the correct public authority to apply and it ought to ask for the information from the Delhi Public School u/s 2(f) of the RTI act.

    Any more...... please do guide me.


    Thanks and Regards,
    Sid.
    Attached Files Attached Files

  5. #5
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    Re: RTI rejected by District Educaton Officer (DEO), Jaipur regarding information about private school


    Quote Originally Posted by jps50 View Post
    Is it that Delhi Public School Jaipur is not regulated by State Govt Education Dept ? If it is true, then PIO is justified in returning the application. He can get information u/s 2f from private schools which are being monitored or regulated by his department.

    In case if State Govt has different depts like primary, middle or secondary to monitor different types of private schools, then PIO should have transferred to that dept of state govt within 5 days of its receipt. However, he is not expected to transfer outside state govt [say ministry of HRD at Delhi]. In this case, first appeal is recommended.

    I have following sentence culled out from website About Us - Delhi Public School R.K. Puram, New Delhi

    Delhi Public School, R.K. Puram is affiliated to the Central Board of Secondary Education (CBSE), which is the largest educational board in the country. It is recognized by the Department of Education, Govt. of NCT Delhi and the Ministry of HRD, Govt. of India.

    It appears that it is being monitored by Ministry of HRD and hence the said school at Jaipur may be public authority under RTI Act, in which case RTI can be directly filed with it by referring:

    Central Govt. application:
    http://www.rtiindia.org/forum/blogs/...govt-info.html

    Make effective:
    http://www.rtiindia.org/forum/blogs/...effective.html

    Word Limit: Since there is limit of 500 total words [excluding both addresses and annexures] for Central Govt information, you may submit more than one application to cover all the queries and mail in one envelope.

    To avoid delay additional RTI can be filed to Ministry of HRD as per following link also which will either get the information from school or transfer it to school, if school were public authority:

    Private entity:
    http://www.rtiindia.org/forum/blogs/...under-rti.html

    Is it that schools affiliated to CBSE are not monitored by state govt education department and are directly regulated by CBSE only? In this case ministry of HRD will transfer application to CBSE, under advice to you.

    It is better to seek advice as to regulatory part of DPS Jaipur by discussing the matter with persons having knowledge of education structure.

    Hi jps50 sir,

    It seems so from the reply by the District Education Officer that the "Delhi Public School, Jaipur" is not controlled by the
    State Education Department. But we know that private schools (means all private schools) are under the control of District Education Officer - DEO of the state. So how come Delhi Public School is not under their control? It means nobody has any control over it and it can do whatever it feels like? Some govt. department must have control over the school for sure. The School must have got land at subsidized rates from the govt., must have got concessions from the govt., etc..

    You are correct they have two section DEO (Sec) Jaipur I and DEO (Sec) Jaipur II. But I had called their office and confirmed that the said school viz.... Delhi Public School comes under their (DEO - Sec, Jaipur I) jurisdiction. So the application was sent to the correct DEO for sure.

    "It appears that it is being monitored by Ministry of HRD and hence the said school at Jaipur may be public authority under RTI Act, in which case RTI can be directly filed with it by referring"

    Are you referring that I directly write an RTI to the school instead of writing to the District Education Office (DEO)? Can it be done?

    "To avoid delay additional RTI can be filed to Ministry of HRD as per following link also which will either get the information from school or transfer it to school, if school were public authority:"

    Sir, I called up Ministry of HRD but they said that the school is affiliated to CBSE and its and autonomous body so I need to contact CBSE for the same. I fled an RTI and First appeal to CBSE as well in this regard but the CBSE gave me the data for the duration 2003 - 2008 whereas I had asked for the data from 2010 - till date. When I went for first appeal CBSE said they don't have the data and when the school would seek re affiliation then the school would provide the data for the said duration.

    It is better to seek advice as to regulatory part of DPS Jaipur by discussing the matter with persons having knowledge of education structure.

    Who do I seek advise with? I have tried sending RTI and First appeal to CBSE, RTI to DEO and also called up Minisitry of HRD but each one of them is passing the buck and saying that they do not have the information. I also contacted the Delhi Public School Society in Delhi but they say RTI is not applicable to them.

    I am in extreme need of guidance? Please do guide me on the correct path. Please do help me get our of this mess and get the information from the school.

    I am also attaching my RTI application sent to the DEO "DEO.doc". Please do have a look at it. I am planning to go for first appeal. Please do let me know the Grounds of Appeal for the same. My thoughts on Grounds of Appeal are :

    1. The PIO without applying his mind has returend my RTI applcation with the application fee. Neither did he transfer the application u/s 6(3) of the RTI act nor he denied the information under any section of the RTI act.

    2. The citation and judgments mentioned are enough to show that private schools come under RTI Act 2005.

    3. DEO is the correct public authority to apply and it ought to ask for the information from the Delhi Public School u/s 2(f) of the RTI act.

    Any more...... please do guide me.

    Thanks and Regards,
    Sid.
    Attached Files Attached Files

  6. #6
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    Default Re: RTI rejected by District Educaton Officer (DEO), Jaipur regarding information about private school


    Since we are not from education field, it is creating confusion. If CBSE has supplied information from 2003-08, that means till that time the school was affiliated to CBSE. Is it that now the school has been de-affiliated from CBSE and are under State Govt Board for exams etc.?. We have been getting from DEO information relating to private school in Gujarat by using format and invoking section 2f as mentioned in my blog.

    Now file first appeal with Education Department stating that if information is not available with PIO, he should have transferred to appropriate PIO within 5 days under section 6.3, rather than returning the application.

    In addition to this, you may submit another RTI with PIO of Office of Chief Secretary, Education Dept at Jaipur. He may transfer to appropriate officer. Please do not endorse copies to any other offices or departments. You need not quote what happened with CBSE. Just confine to exact information now you need. Please peruse:

    Rajasthan:
    http://www.rtiindia.org/guide/centre...-rti-rules-47/

    Make effective:
    http://www.rtiindia.org/forum/blogs/...effective.html

    and

    Private entity:
    http://www.rtiindia.org/forum/blogs/...under-rti.html

    It appears information sought by you is voluminous and some information is personal in nature. Hence file 2-3 separate RTI applications through different friends or relatives etc over a period of 15-20 days covering one or two queries. If possible ask only what is absolutely necessary. PIO may bring in section 7.9 to delay or deny information.

    Since school is not under CBSE or HRD Ministry, there is no point in approaching directly with school under RTI. It is a private entity only.

    It had been my effective practice to mention relevant decisions/judgments in RTI application itself, so that PIO knows that applicant is asking for information which is backed by such decisions/judgments. In addition, when we are required to approach CIC/SIC, it may take serious view that despite pointing out decisions/judgements PIO has denied information and hence PIO's intention can be branded as malafide attracting penalty. At times PIO does not risk defying judgements of Higher Courts, lest he may be charged with contempt of court if the matters is pulled upto courts at a later date or departmental complaint is filed. However, now there is limit of words for central govt and some states like Maharashtra and Karnataka. This has reduced chances of quoting decisions/judgments in such applications.
    It takes each of us to make difference for all of us.

  7. #7
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    Default Re: RTI rejected by District Educaton Officer (DEO), Jaipur regarding information about private school


    Quote Originally Posted by jps50 View Post
    Since we are not from education field, it is creating confusion. If CBSE has supplied information from 2003-08, that means till that time the school was affiliated to CBSE. Is it that now the school has been de-affiliated from CBSE and are under State Govt Board for exams etc.?. We have been getting from DEO information relating to private school in Gujarat by using format and invoking section 2f as mentioned in my blog.

    Now file first appeal with Education Department stating that if information is not available with PIO, he should have transferred to appropriate PIO within 5 days under section 6.3, rather than returning the application.

    In addition to this, you may submit another RTI with PIO of Office of Chief Secretary, Education Dept at Jaipur. He may transfer to appropriate officer. Please do not endorse copies to any other offices or departments. You need not quote what happened with CBSE. Just confine to exact information now you need. Please peruse:

    Rajasthan:
    Rajasthan RTI Rules - Guide

    Make effective:
    http://www.rtiindia.org/forum/blogs/...effective.html

    and

    Private entity:
    http://www.rtiindia.org/forum/blogs/...under-rti.html

    It appears information sought by you is voluminous and some information is personal in nature. Hence file 2-3 separate RTI applications through different friends or relatives etc over a period of 15-20 days covering one or two queries. If possible ask only what is absolutely necessary. PIO may bring in section 7.9 to delay or deny information.

    Since school is not under CBSE or HRD Ministry, there is no point in approaching directly with school under RTI. It is a private entity only.

    It had been my effective practice to mention relevant decisions/judgments in RTI application itself, so that PIO knows that applicant is asking for information which is backed by such decisions/judgments. In addition, when we are required to approach CIC/SIC, it may take serious view that despite pointing out decisions/judgements PIO has denied information and hence PIO's intention can be branded as malafide attracting penalty. At times PIO does not risk defying judgements of Higher Courts, lest he may be charged with contempt of court if the matters is pulled upto courts at a later date or departmental complaint is filed. However, now there is limit of words for central govt and some states like Maharashtra and Karnataka. This has reduced chances of quoting decisions/judgments in such applications.
    Hi jps50 Sir,

    Since we are not from education field, it is creating confusion. If CBSE has supplied information from 2003-08, that means till that time the school was affiliated to CBSE. Is it that now the school has been de-affiliated from CBSE and are under State Govt Board for exams etc.?. We have been getting from DEO information relating to private school in Gujarat by using format and invoking section 2f as mentioned in my blog.


    Yeah CBSE had supplied the information from 2003 - 2008 so in that duration the school was affiliated to CBSE. It's not that now the school is de-affiliated from CBSE. In the CBSE website its quite clearly mentioned that the school is affiliated till 2014. My mother personally visited the CBSE headquarters there the concerned officials said that when the school would seek re-affiliation in 2014 then they (school) would give the data for the period 2009 - 2014. hmmmm..... if DEO is giving information relating to private school in Gujarat by using format and invoking section 2(f) then it (DEO) should give information about private school in Rajasthan as well.

    Now file first appeal with Education Department stating that if information is not available with PIO, he should have transferred to appropriate PIO within 5 days under section 6.3, rather than returning the application.


    Sure, I would file First Appeal with DEO stating the same "if information is not available with PIO, he should have transferred to appropriate PIO within 5 days under section 6.3, rather than returning the application". Please do have a look at my other Grounds of Appeal and do let me know if they are fine:

    1. The PIO without applying his mind has returned my RTI application with the application fee. Neither did he transfer the application u/s 6(3) of the RTI act nor he denied the information under any section of the RTI act.

    2. The citation and judgments mentioned are enough to show that private schools come under RTI Act 2005.

    3. DEO is the correct public authority to apply and it ought to ask for the information from the Delhi Public School u/s 2(f) of the RTI act.

    Any more...... please do guide me.

    In addition to this, you may submit another RTI with PIO of Office of Chief Secretary, Education Dept at Jaipur. He may transfer to appropriate officer. Please do not endorse copies to any other offices or departments. You need not quote what happened with CBSE. Just confine to exact information now you need.


    Do we have "Office of Chief Secretary, Education Department at Jaipur". I don't think so as I have searched the net and on their Education site "http://www.rajshiksha.gov.in/" they have given Dy. Secretary Education as Nodal Officer. They have not even given the address in the site. So do I not CC my RTI to higher officials such as Governor, Chief Minister, Chief Secretary, Education Minister, Education State Minister, etc. ? Surely I would not quote what happened with CBSE. Yeah sure, I would confine to exact information which I need.

    It appears information sought by you is voluminous and some information is personal in nature. Hence file 2-3 separate RTI applications through different friends or relatives etc over a period of 15-20 days covering one or two queries. If possible ask only what is absolutely necessary. PIO may bring in section 7.9 to delay or deny information.


    Yeah information sought by me might be voluminous but I don't think that it is personal in nature. Yeah I would ask only what is absolute necessary.

    Can we ask something from Delhi Public School Society ?
    which is the trust which is managing this school

    Waiting patiently for your reply.

    THANKS A TON for all your HELP and GUIDANCE

    Thanks and Regards,
    Sid.

  8. #8
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    Default Re: RTI rejected by District Educaton Officer (DEO), Jaipur regarding information about private school


    Private Schools are generally registered under Societies Registration Act , this aspect may be looked into .

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