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;
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:
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,
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