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    ICSE vs CBSE - only one is under RTI!


    rtiindia

    [caption id=attachment_2086" align="aligncenter" width="400]ICSE.png ICSE vs CBSE[/caption]

    The fate of Council for the Indian School Certificate Examinations which conducts  the Indian Certificate of Secondary Education (ICSE  for Class X & XII) under the RTI Act 2005 is still not decided. However, you cannot get the information from ICSE board under RTI as of now like; certified copies of evaluated answer sheets.

    Earlier the Delhi high court in Council For The Indian School ... vs Ajay Jhuria & Anr on 24 July, 2012,  observed that "according to the learned counsel for the petitioner since the Council is neither owned nor it is substantially financed and, because of the clear statement made in the said communication dated 24.03.2006, nor is it controlled by Central Government, the question of the Council being regarded as public authority does not arise at all."

     

    High court further states that "we set aside the impugned order passed by the learned Single Judge as also by the Central Information Commission. We leave the question of, whether the Council is a public authority or not within the meaning of The Right to Information Act, 2005, open and to be decided in an appropriate case."

     

    The case came up to CIC hearing on 06.12.2013, wherein Vide RTI dt 4.7.13, appellant had sought certified copies of evaluated answer sheets of Chemistry paper I and Paper II in respect of Shri S.Gleams Raman, their son.

     

    CIC observed that "A perusal of records shows that Shri OP Kejriwal, Information Commissioner, in appeal no. CIC/OK/A/2006/00303 dt 24.10.08 had held the Council for the Indian School Certificate Examination as a public authority. This order of the Commission had been upheld by the Single Bench of the Delhi High Court vide their order dt 30.5.11 (W.P.©8537/2008 and CM 16410/2008). Subsequently on an appeal filed by the ISCE(LPA 617/2011) a Division Bench of the High Court of Delhi vide their judgement delivered on 24.7.12, had observed as follows:

    “5. In view of this offer given by the learned counsel for the petitioner, we feel that we need not go into the question whether the Council is a public authority or not, however, we set aside the impugned order passed by the learned Single Judge as also by the Central Information Commission. We leave the question of, whether the Council is a public authority or not within the meaning of the Right to Information Act, 2005, open and to be decided in an appropriate case.”

     

    In the light of the above decision of the Hon’ble Delhi High Court, the appeal was disposed of by Sh. Rajiv Mathur, Central Information Commissioner. The decision can be downloaded from here: http://rti.cc/34

     

    File No.CIC/RM/A/2013/000967

     

    Appellant: Shri S.G. Raman, Ranchi

    Public Authority: Council For The Indian School

    Certificate Examination, New Delhi

    Date of Hearing: 06.12.2013

    Date of decision: 06.12.2013

     

    (Rajiv Mathur), Central Information Commissioner

    ICSE vs CBSE - only one is under RTI!

    However, if you read the 'About the Council' Page, following is stated

    "The Council has been so constituted as to secure
    suitable representation of: Government of India, State Governments/Union Territories
    in which there are Schools affiliated to the Council, the Inter-State Board for Anglo-Indian Education, the Association of Indian Universities, the Association of Heads of Anglo-Indian Schools, the Indian Public Schools’ Conference, the Association of Schools for the ISC Examination and members co-opted by the Executive Committee of the Council...

     

    As a leader in the provision of world-wide educational endeavours, the Council's vast experience and wisdom is called upon in many forums such as the Council of Boards of School Education in India (COBSE), State Education Departments, the Central Board of Secondary Education (CBSE), the National Council for Educational Research and Training (NCERT), the
    Ministry for Human Resource Development and the Planning Commission
    , affirming the intrinsic integrity and credibility of the Council and the system it espouses."

    It's an irony that one one hand CBSE is under RTI ICSE is not. what's your views?

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    My view is that there is a perception that 'we do not get justice from our courts. what we get from our courts is called justice'. Apart from this questionable order of the Delhi HC there are any number of instances that goes to support the demand for overhauling our justice delivery system, presided over by the judiciary.

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    ICSE council is meant for children who are part of Indian public. ICSE is having no other objective than to provide educational services and certificates to Indian Children and Indian Public. Schools under ICSE Boards are also meant for same objectives. Hence, ICSE should be under RTI ACT

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    That the CISCE is a "public authority" has been amply defined by the CIC in its order dated 30th May, 2016 in Mr Mukesh Jain vs GNCTD. The appellant's lawyers should have used the CIC ruling to bring to the Hon'ble Judge's attention that the CISCE is indeed a "public authority" and hence must comply with the RTI Act. The CIC ruling can be read here: https://indiankanoon.org/doc/74502734/

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