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Transfer of RTI Application to avoid giving information



RTI was filed upon the State Education Board seeking a copy of the "Combined Marksheet" of Std-12 final Board exam results of a particular school. There is no doubt whatsoever that the information requested is maintained by the State Education Board. Despite this being so, to avoid giving information, the State Education Board transferred my RTI Application to the school. As the school has never ever furnished any information even in the past, there is no chance whatsoever that the school will furnish this information to me because it is going to expose a major scam.

what recourse do I have in such a case where, the State Education Board "transfers" my application despite possessing the information themselves ?

(1) should I file complaint with SIC U/s 18 against the PIO of the State Education Board ?

(2) should I wait till the school replies/fails to supply the information and then go through the 1st Appeal and 2nd Appeal process and then upon still no info. Being supplied approach High court ?

With the 2nd Appeals taking 18-24 months to come up for hearing, it appears that the authorities are abusing RTI Act to delay giving of information for at least 18-24 months !

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Sunil Ahya

if your concern is that second appeal takes time to come up for a hearing then complaints u/s. 18 would also take the same amount of time to come up for a hearing because Information Commissions do not take complaint u/s. 18 out of turn by-passing the second appeal queue.

It is advisable that you wait for 30 days from the date of transfer of your RTI application to the school and then file a first appeal followed by a second appeal if necessary. Typically Information Commissions require that an applicant should exhaust all remedies available to him before rushing to / approaching the Commission.

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Prasad GLN

What you want is information.  It may be difficult to trace that old information in Board concerning one in thousands of schools , when your issue is related to that particular school, and it has come from Board, school has to furnish the information.

Just focus on information alone and do not take small deviations here and there seriously.  

Wait for school response and go for first appeal.  After all the difference may be maximum 10 days.  Going for first appeal locally and making follow up is much easier to you.

Before all this first download RTI Act in your mother tongue in A4 page one side and go through fundamental sections like 2h, 6,7,8,11..18 ,19,20.

Filing a complaint can not bring you intimation.  At the most that section may permit you to pray action against PIO and IC can not ask PIO to provide information in case of complaint under SEC.18.

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Thank you for your opinions Sir.

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