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Admission in a school


DK Sharma

Question

I apply for admission of my ward in a reputed school, where getting admission is not that easy. If my ward is not admitted may I ask the principal the critaria for the admission, or why my ward is not admitted.The school is affliated to CBSE New Delhi.

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If the school receives grant from the Govt. it becomes Public Authority under RTI Act and you can ask the principal of the school.

 

If not you can ask the PIO from education department of the state Govt.

 

Section 4(1)(d) of the RTI Act says:

 

Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons.

This section gives you right to ask for the reason for "refusing to admit your ward".

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colnrkurup

You have to frame the application suitably. Basically you can get only the information HELD by the public authority. For Eg. if you ask the straight question, you may not get it. If you ask for copy of that page of the admission register where admissions or rejections with reasons in respect of the batch of applicants including your ward is noted, you might get. In nutshel you can get the reason only if that reason is recorded and is available.

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I beg to differ with col. sahib.

 

The section 4(1)(d) puts onus on public authorities to supply reasons for its action to the affected persons.

 

The condition of availability is for the information where in the info seeker is not affected person.

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Dr. M. Faiyazuddin

Mr. Rajendra Bakre is right. But the public schools will not reply to RTI query. They need to be approached from the department where they are registered.Send your application to DM/DC of your area and he will forward your application to the relevant PIO.

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colnrkurup

Mr.Bakre,

You are most welcome. I may be wrong. After all, the RTI Act being a new one, we can learn and understand it only by differring. Even the Supreme Court has repeatedly ruled the requirement of 'giving reasoned decision'. But RTI Act cannot do anything if the authorities failed to give a reasoned decision. What will an applicant do if they reply that the information sought is not held by them ?. Yes ! if the decision is "Held' by the PA, one can get it under RTI Act. If the 'adminisrative or quasijudicial decisions' is NOT HELD , the RTI Act has no powers to cause the PAs to create a reasoned decision. This is one way of interpretting Section 4(1)(d). It could be interpretted the way you have explained also. But I am not aware of any Commissions agreeing with this view so far.

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Thanks Col.

 

You have raised a very important discussion. I wish we discuss this point in detail.

 

I request the moderators to segregate this discussion (from this post on wards) if it would be off topic in this thread.

 

To start with it is abundantly clear that RTI Act is not a grievance redress mechanism. It is clear from the preamble of the Act as well as series of decisions by the ICs.

 

However it (RTI Act) can be a starting point of grievance redressal. The information gathered (or denied) can be a tool in the redressal process at the appropriate forum.

 

The preamble of the RTI Act says that it aims at informed citizenry and transparent governance. Moreover any action by any person is outcome of some motive. Without motive only lunatic action is possible.

 

Thus if the action has taken place (by the PA) then there must be a reason behind the action. Can PIO say that, "there is no reason behind this action". He/She at the most can say that either reason is not recorded in writing (which I have received in one instance) or it is exempted under the Act.

 

Now consider the PIO claim that reason is not recorded in writing (as this is the most likely reply from PIO). In this case the PIO must have written communication from the concerned authority that a particular action has been taken without recording the reasons. Then applicant can file another RTI application asking for the certified copy of that communication stating that no written reason available.

 

In response to this second RTI PIO must supply this copy otherwise he will be held guilty of giving false reply to first RTI.

 

Now after receiving the written statement from the concerned authority that no written reasons available (assuming that such a statement is supplied) one can initiate legal action against the concerned authority.

 

Thus I think redressal of grievance is possible invoking sec 4(1)(d)

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