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fee hike in private schools


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jps50

Welcome to this portal. U can get this information by seeking copies of rules, regulations and directives issued by state govt on school fees by filing RTI application with State Public Information Officer [ SPIO] of State Education Dept. U can get address by visiting www. maharashtra.gov.in. For format and guidance pl visit:

 

Mahrashtra RTI Rules - RTI Guide

 

http://www.rtiindia.org/forum/blogs/jps50/93-how-make-rti-application-effective.html

 

HOW TO LOCATE A PIO UNDER RTI ACT 2005 - RTI Guide

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karira

School education is a State subject.

The rules will vary from State to State.

Just check the position in your State.

I am sure there will be some obscure law/act/notification somewhere regarding a limit on school fees / fee hikes. Probably it is not being implemented.

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I got this reply for the application filed against a private school that has enhanced the fees @ 40% and I filed the RTI application to enquire about the rules framed by the Punjab Govt. regarding enhancement of fees. The school is affiliated to CBSE, Delhi.

Rajneesh Madhok

 

कर्यालय जिला शिक्षा अधिकारी, (स सि:) कपूरथला

को

श्री रजनीश मधोक,

ब-**********

पत्र नं: अडीट्र-2009/538

तिथी: 13-8-09

विषय: राईट इंफरमेशन ऐक्ट 2005 अधीन सूचना लेने बारे- सवामी संत दास

पबलिक सकूल, फगवाड़ा संबंधी !!

संधर्भ: आप के पत्र नं: तिथी: 1-8-2009 के संबंध में !

उपरोक्त विषय अधीन पत्र के संबंध में लिखा जाता है कि विषय अधीन स्कूल पूर्ण्त: प्राईवेट स्कूल है! पूर्ण्त: प्राईवेट स्कूलों का इस कार्यालय से कोई पत्र व्यवहार नहीं होता और न ही यह स्कूल इस कार्यालय के अधीन है ! इस लिए प्राईवेट सकूल से संबंधित जो भी सूचना लेनी हो वह सीधे ही स्कूल/ स्कूल क्मेटी से लेने की तक्लीफ की जाए!

आप की सूचना हित यह भी स्पष्ट किया जाता है कि प्राईवेट ऐडिड स्कूलों सबंधी भी सूचना मुहैय्या करवाने के लिए ऐ पी आई ओ, पी आई ओ और ऐपीलेट अथारटी स्कूल के सीनीयर टीचर और प्रिंसीपल को नियुक्त किया गया है ! प्राईवेट ऐडिड सकूलों द्वारा भी विष्य अधीन ऐक्ट द्वारा सीधी ही सूचना मुहैय्या करवाई जाती है !

जिला शिक्षा अधिकारी (स सि:)

कपूरथला

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पूर्ण्त: प्राईवेट स्कूलों का इस कार्यालय से कोई पत्र व्यवहार नहीं होता और न ही यह स्कूल इस कार्यालय के अधीन है ! इस लिए प्राईवेट सकूल से संबंधित जो भी सूचना लेनी हो वह सीधे ही स्कूल/ स्कूल क्मेटी से लेने की तक्लीफ की जाए!

 

जिला शिक्षा अधिकारी (स सि:)

कपूरथला

Whether I should appeal and highlight the the application should be transferred under Sec 6(3) in my case

 

This is completely a private school. Whether the reply that get information from the School/ School commettee is correct reply or a vague. Now I should Appeal to FAA regarding the decision. Secondly if the matter was not concerned to the DEO then under Sec 6(3) of RTI Act it was the duty of DEO to transfer the said application to the concerned deptt.

 

A person makes an application to a public authority for some information

which concerns some another public authority. In such a case, the PlO

receiving the application should transfer the application to the concerned

public authority under intimation to the applicant. However, if the PlO of the

public authority is not able to find out as to which public authority is concer':led

with the information even after making reasonable efforts to find out the

concerned public authority, he should inform the applicant that the information

is not available with that public authority and that he is not aware of the

particulars of the concerned public authority to which the application could be

transferred. It would, however, be the responsibility of the PlO, if an appeal is

made against his decision, to establish that he made reasonable efforts to

find out the particulars of the concerned public authority.

 

In my application's case the PIO has not made efforts to find out the concerned public authority. I hope my appeal to FAA is a step in right direction.

Kindly suggest.

 

Rajneesh Madhok

2. As I had filed application on 1st Aug 2009 and the reply has been received as mentioned above. Should I wait for a month to complete to file appeal to FAA.

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sunaabhsarkar
...This is completely a private school. Whether the reply that get information from the School/ School commettee is correct reply or a vague. Now I should Appeal to FAA regarding the decision. Secondly if the matter was not concerned to the DEO then under Sec 6(3) of RTI Act it was the duty of DEO to transfer the said application to the concerned deptt.....

2. As I had filed application on 1st Aug 2009 and the reply has been received as mentioned above. Should I wait for a month to complete to file appeal to FAA.

 

1. Since this is a complete privately [unaided??] run school, you may not be able to use the RTI ACT 2005 in this regard to your benefit....

2. No, Once a reply has been provided, you are not required wait for 30 days before appealing to FAA.

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Honourable Mr. Bhaskar,

As the school has got the land allotment at subsidized rate, plot had been alloted to the school by Punjab Urban Development Authority (PUDA). Whether the said school will not come in RTi purview in that case.

Rajneesh

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sunaabhsarkar

Though looks like its not exactly completely unaided...but the running seems to be completely a private affair unaided by the Govt... this could prolly help them get relief from the Prov of RTI ACT 2005... :( by the way, you may address me just as Sarkar... Thanx

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Hon'ble Mr. Sarkar,

Regards,

Sorry for getting misspelt at your address. I think I should file the First appeal to the FAA. It is again cumbersome. The FAA has replied and signed the reply sent to me which has been reproduced as above. So, now I have decided to appeal At STate Govt. Level FAA, BEFORE THE FIRST APPELLATE AUTHORITY,O/o SPECIAL SECRETARY, 3RD FLOOR, MINI SECRETARIAT, PUNJAB, SECTOR-9, CHANDIGARH PH: 0172-2743875, 2742243 EXTN-204

The state level

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sunaabhsarkar
Hon'ble Mr. Sarkar,

Regards,

Sorry for getting misspelt at your address. I think I should file the First appeal to the FAA. It is again cumbersome. The FAA has replied and signed the reply sent to me which has been reproduced as above. So, now I have decided to appeal At STate Govt. Level FAA, BEFORE THE FIRST APPELLATE AUTHORITY,O/o SPECIAL SECRETARY, 3RD FLOOR, MINI SECRETARIAT, PUNJAB, SECTOR-9, CHANDIGARH PH: 0172-2743875, 2742243 EXTN-204

The state level

 

Hello Madhokji, never mind the spellings... I guess, there in no harm giving it a try... do keep us posted of the developments... Good luck to you... icon14.gif

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I got this letter in response to my appeal made to FAA

पंजाब सरकार

शिक्षा विभाग

(शिक्षा-6 शाखा)

सेवा में,

जिला शिक्षा अधिकारी (सै:सि:),

कपूरथला !

मीमो नं: =====

तिथी, चंडीगढ़:

विषय: अपील- राईट टू इंफर्मेशन ऐक्ट, 2005 अधीन सूचना लेने बारे- बारे में ********** स्कूल, फगवाड़ा

*****

उपरोक्त विष्य के संदर्भ में:

2. श्री रजनीश मधोक ने अपने विनय पत्र तिथी ***** द्वारा अपील की है कि उस को *********स्कूल, फगवाड़ा ने जरूरी सूचना सप्लाई नहीं की ! आपने अपने पत्र नं:*** ,तिथी**** द्वारा लिखा है कि स्कूल पूर्ण्त: प्राईवेट स्कूल है और इस संबंधी सूचना आप द्वारा सप्लाई नहीं की जा सकती ! अब अपनी अपील में श्री रजनीश मधोक ने लिखा है कि इस स्कूल को सरकार द्वारा काफी ग्रांट भिन्न-भिन्न कामों, जमीन की खरीद, बिल्डिंग बनाने आदि के लिए मिली थी!

3. इस अपील कि सुनवाई तिथी 25.0.2009 को सुबह 11.00 बजे की जायेगी! इस संबंधी टिप्प्णी उक्त तिथी से पहले भेजी जाए कि इस स्कूल को सरकार द्वारा कोई ग्रांट दी गयी है या नहीं! अगर हां तो इस का विवरण दिया जाए! ग्रांट संबंधी सबूत देने हों तो उक्त तिथी को दें !

विशेष सचिव स्कूल शिक्षा

संदर्भ न:********* तिथी , चंडीगढ़: ******

उपरोक्त का एक उतारा (कापी) निम्न लिखित को सूचना और योग्य कारवाई हित भेजा जाता है:-

1. प्रिंसीपल, ***********स्कूल, फगवाड़ा

2, श्री रजनीश मधोक, *********फगवाड़ा

(यदि अपील के संबंध में अपना पक्ष रखना हो तो तिथी 25.9-2009 को सुबह 11.00 बजे, निम्न्हसतक्षर के कार्यालय कमरा नं:****मिनी सचिवालय, पंजाब, चंडीगढ़ में पेश हो कर रख सकते हैं

विशेष सचिव, स्कूल शिक्षा

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Punjab Government,

Education Department

(-6- Education Branch)

To

The District Education officer (S.E.)

Kapurthala!

Memo No. ====

Date***** Chandigarh:*****

Subject: Appeal--- To get information Under Right to Information Act, 2005, Regarding****** School, Phagwara.

 

With regard to the reference as above.

2. Sh Rajneesh Madhok has requested in his appeal vide , dated**** that *****school has not provided information to him. (I have not applied to school to furnish the information to me. Rather I had applied to DEO to supply the information and the DEO has refused to supply the information on the pretext that the school is purely private school so the information should be demanded from the school Principal and management, Agrieved to this reply I had made First Appeal to the decision) You have written in your reply that the school is completely private school so the information can not be supplied to you. In his appeal Sh. Rajneesh Madhok has written that this school has got grants for various works from the Govt. like purchase of land, construction of building etc.

3. The hearing of this appeal will be made on 25/09/2009 at 11 A.M. So, you are directed to send your remarks before that date that whether school has got any sort of grant from the Government or not. If yes then the details should be provided. If you like to provide the evidence relating to the grant then it should be provided on the above mentioned date.

Special Secretary School Education.

Reference:***** Dated: Chandigarh******

Copy of the above mentioned is being sent for information and action please:-

1. Principal, *********** School, Phagwara.

2. Shri Rajneesh Madhok, Phagwara.

(If you like to furnish your statement with regard to the appeal then you can provide by presenting yourself in the office of undersigned in Room No.******* Mini, Secretariat, Punjab, Chandigarh.

 

 

1. I sent information under RTI act to PIO, O/o District Education officer, on 1/8/09

2. Received reply from District Education officer on 17/8/09 the letter signed by him on 13/8/09and sent by Speed Post on 13/8/09.

3. I filed my first appeal on 19/8/09.

4. On 14/9/09 got above mentioned reply from Special Secretary School Education. Signed on 8/9/09 and posted on 10/9/09

 

· Now suggest me when should I appeal to the Second Appeallate Authority i.e. to SIC, Chandigarh.

Rajneesh madhok

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Sir,

Should I attend the hearing before Special Secretary School Education The evidence is that the school has got allotment of land in Urban Estate (The colony floated by PUDA Punjab Urband Development Authority) at subsidized rate marked for school. In addition to it the school might have got soft loan from the bank for construction of building of school.

 

Sir, when should I appeal to the Commission.

Sir, Should I attend the hearing in Special Secretary's office.

After the hearing should we appeal to SIC or as more than the stipulated period has passed we should go for appeal.

Rajneesh

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ganpat1956

Rajneesh, please help us in keeping the forum tidy by avoiding repetitive and multiple posts. All the moderators here are a over-worked lot, in clearing all the clutter.

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Honourable Ganpatji,

Sorry for getting repetition of the posts. The reasons for repetition was that when I click my post to get it uploaded in rtiindia.org. In reply to that click an option opened automatically saying that your post has not been uploaded as it took more than specific period it was mentioned say 30 seconds or 60 seconds and the message was delivered if you post again then click at the specific button. That's why the same matter has been posted twice.

Secondly the post that has been made in Hindi was repeated in English version on my assumption that there may be some members belong to NON-Hindi belt those may be having difficulty to read the post.

 

Anyway I beg pardon for giving unnecessary trouble to Honourable Moderators. I understand your feelings and feel sorry again for the same.

Regards,

Rajneesh Madhok

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ambrish.p

Dear Rajneesh ji

 

Instead of posting by using 'quick reply' option use 'Go advanced' option after preview submit the same. Hope it will work for u too.

 

regards

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Dear Rajneesh ji

 

Instead of posting by using 'quick reply' option use 'Go advanced' option after preview submit the same. Hope it will work for u too.

 

regards

 

Dear Ambrishji,

Thanks for your kind suggestion. In future I shall post my matter by going to the option of Go Advanced. Secondly it has the option of preview. One has got the option of making alteration the post if necessary.

Yeah it will be a good option. Thanks once again for suggesting the solution to the problem. Secondly kind check why this problem we face that when we click on the option the mail does not deliver and then the option of Advanced automatically opens.

 

Regards,

Rajneesh

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ganpat1956
Dear Ambrishji,

Secondly kind check why this problem we face that when we click on the option the mail does not deliver and then the option of Advanced automatically opens.

If you had seen the "Stats" section, which is available on the right hand side of every page, then perhaps you would have observed that we are getting around 8000 visitors per day who spend on an average more than three minutes at the site. During peak hours, due to increased traffic, when the load on the server increases, it leads to a delay in the opening of the pages or uploading of a reply. Efforts are underway to upgrade the server. Till such time, all members please bear with us.

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FAA GIVEN DATE & TIME OF PERSONAL HEARING WITH MALAFIDE INTENTION.

Today on 25th Sep 2009 FAA had fixed the date of hearing at 11 AM in Secretariat. At every stage there is a great drama. The address of hearing was given Room No. 507, Mini Secretariat, Punjab, Chandigarh by the FAA. On reaching the specified office on 5th Floor of Secretariat. I was told that there is no office of said FAA. Then I came to the point and enquired about all the offices concerned with School Education in Secretariat. There were 5 Secretaries of School Education. (All I.A.S. officers). As I had been served the notice and I continued my search for (Education-6 Branch), Education Department, Punjab Govt. Ultimately I succeeded in locating the office of Education-6 Branch. It was on the 2nd Floor and the office of the concerned officer was located in 207. In the notice it was not mentioned about the name of Special Secretary School Education.

On enquiring from the Superintendent I got the clue the case is concerned with this department. When I enquired about my hearing. I got an amazing reply that Mr. R.L. Mehta has gone to Maharashtra as observer on election duty. I said Sir, I had been served the notice to attend the hearing. He said all of the sudden he has been deputed for the same and secondly pointed out that there is no use to attend the hearing. As no body comes to attend personal hearing. I said I had requested several times to attend the personal hearing on phone and in my application as well. He said the respondent don’t come to attend the hearing so I think it is useless to waste your time. Secondly you have the matter concerned with Private School. The Private Schools don’t come in the purview of RTI. I said The Hon’ble FAA has himself mentioned in his notice served to the District Education Officer (S.E.) that “though you have written in your reply in Letter No.**** dt*** that the school is completely private school so the information can not be supplied to you.

Now Rajneesh Madhok has mentioned that the said school has got grants from the Govt on different works, like purchase of land, construction of building etc. So, you are directed to send your remarks whether the school has got the grant in any shape or not. If any School has got grant then it will come under the purview of the RTI.

On my this argument he directed me to go to Superintendent of Education III. Then again he directed me to go back to the same Superintendent. Then I was directed to go to Mr. J.S. Grewal, Secretary, School Education. The Superintendent of the Secretary said that we have not got any file from the concerned department so the hearing can not be attended by the Secretary. Then I was directed to go to Special Secretary, School Education Mr. Krishan Kumar’s office. Office Superintendent directed me to go to the same office and contact the superintendent of Mehta Sir. I was astonished to note when I submitted my Written Submission with regard to hearing the concened staff don’t accept the written submission saying first of all the Special Secretary will mark then we accept the letter and enter in diary.

The FAA is located 120 Kms far from my residence. I have to suffer mental and physical torture and wasted undue expenditure and wasted my time and energy due to the highhandedness of the FAA. I tried to save precious time to go to attend the hearing in SIC. In case the matter had been settled at FAA’s level.

Though to attend the hearing was optional on my part, I attended to get the fruitful results in first hearing. Is it not wastage of time and energy and PIO has no botheration and is not concerned with the hearing. Only the appellant is being suffered.

Now what should be the next action kindly suggest. Whether I should write to the FAA in harsh tone that he has wasted my time to invite me on hearing and tried to serve notice with malafide intention. Instead of fixing a date of hearing if he would have directed the PIO to reply to my application, then the precious time and energy would have been saved. But he had not having good intention.

Whether there is a provision that FAA could be called for presence in Second Appeal. Whether I should report the matter to the SIC and file the application under Complaint. I know FAA will not be penalized in any case.

Secondly should I claim under Section 19(8)(b) to compensate the complainant for any loss or other detriment suffered. I hope only the solution the department will be having to conduct the departmental enquiry and no body will be pin pointed for the responsibility of the negligence. Can SIC can pin point the negligence and responsibility of FAA.

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ganpat1956

Rajneesh Madhok, when you went for a personal hearing on your FA, you came to know that the FAA had been deputed for election observer work in Maharashtra. Your notice for hearing is dated 09.09.2009. In the intervening 15 days do you think it is not possible for the govt to depute him to Maharashtra? I don't find anything amazing in the reply that you had received about his deputation. I also don't find any reason for your attributing malafides, bad intention etc. Please try to view the matter in the proper perspective and let there be a limit to your attributing unsubstantiated assumed motives on the part of the officials. Supposing there is a death in the family of the FAA or some other serious medical emergency as a result of which he is unabe to make it up to the personal hearing, how are you going to deal with the situation?

 

According to your own version, you have yourself asked for personal hearing several times over phone as well as in your FA. When that is the case, what is the point in now telling " Instead of fixing a date of hearing if he would have directed the PIO to reply to my application, then the precious time and energy would have been saved". I have only one suggestion to offer. When you can ring up several times to ask for a personal hearing, ensure that you also ring up again on the previous day to confirm that the FAA is going to be there for the personal hearing. At least that will ensure that your mental torture and physical strain of travelling are minimised.

 

Your hearing was fixed with the FAA. Rest of your deliberations with other subordinate officials are of no relevance to your FA. Your written submissions are meant to be handed over at the personal hearing to the FAA. Better to do it at the personal hearing or to send it by post. In the absence of FAA, in my opinion the dept staff are perfectly in order in refusing to accept your written submissions meant for the FAA during the hearing. Nothing to be astonished about it.

 

Now sit back and think calmly if the FAA is in order in proceeding to Maharashtra or should he have disregarded the govt.'s deputation orders and given top priority for your FA. You will get most of the answers for your queries.

 

Just a few more suggestions. Please do not create multiple threads on the same issue. Otherwise the continuity of the case gets lost. ( I have now merged your above post with this thread). Try to be a bit precise and bring out only the important points on which you need clarification. It will be easy for our active members to answer specific queries rather than going through a 1000 word narration first to understand the query itself. Never copy paste from a word file. It will only create unwanted characters and symbols in the midsts of your post.

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Bimal Kumar Khemani

Dear Rajaneesh,

The school might have got land from the Govt. at subsidised rates from the Government with certain conditions.

The Private schools must get recognisation from the State Government or in case they get recognisation from CBSE or ICE board, then also the District Education officer or the District Basic Siksha Adhikari as the case may be are the recommending authority and as per provisions of CBSE all the private schools are obliged to submitt their annual balance sheet and statements to the State/District authorities.

Under all these circumstances, the District education officer has got all the controll over the private schools and as per provisions of RTI the Public Authority is to collecxt the information from the authorities under him and forward the same to the applicant.

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Honourable Ganpatji & Khemaniji,

Regards,

Yeah I had gone for personal hearing to FAA. The only fault at my end is that I have not enquired before going to attend the hearing. Secondly FAA should also hand over the case to other secretaries. As he had gone on Election deputation and as per staff he will come back on 14th of September for a day say up to 15th Sept and again will go back due to counting to Maharashtra and then handle your case after 24th Sep. After 24th Sep you will get another date of hearing. Now friends kindly tell me when an official goes out on official work and remain absent from his office. Whether any other official gets the charge of the absent official or not. If it is then the official who had taken the charge of the concerned FAA he might have taken the hearing.

Yes it is true that he might be deputed in 15 days from the date of serving notice of hearing and the actual date but Is it not a duty of the concerned officer to intimate that he will not be available in the office from this date to this date so all the previous engagements have been cancelled.

Sir I agree to your point of emergencies like medical and mishappening of near and dears. But Sir most of the time the officials are not available on their seats. The only excuse is that Sahib has gone to attend the meeting.

I am thankful to you for raising the point “that sit back and think calmly if the FAA is in order in proceeding to maharashtra or should he have disregarded the govt.’s deputation orders and given top priority for your FA. Yeah this point is really an appealing point. I agree to you and regard the decision of FAA due to this point.

Khemaniji, Yes the school has got the land allotted in the locality floated by PUDA (Punjab urban Development Authority) at the subsidized rate. Yeah this is the point to be noted that Private schools get recognition from CBSE, ICSE or state board on specific terms and conditions. So, the District Education officer are the competent public authority to whom the annual balance sheet and statements are being submitted. So under these circumstances DEO has full control on the workings of private schools. If he has the control on the workings then he obviously becomes Public Authority, so he is duty bound to collect the information from the requisite branches and supply to the appellant.

Rajneesh Madhok

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कार्यालय विशेष सचिव, स्कूल शिक्षा, पंजाब, चंडीगढ़---ऐपीलेट अथार्टी,

अधीन सूचना अधिकार ऐक्ट, 2005

अपील विरूद्ध हुकम तिथी 13.8.2009 जो जिला शिक्षा अधिकारी (सैकेंड्री) कपूरथला द्वारा पास किए गए और प्रार्थी को सूचना देने से इंकार किया!

आदेश

श्री रजनीश मधोक द्वारा जिला शिक्षा अधिकारी (सैकेण्री), कपूरथला के आदेश तिथी 13.8.2009 विरुद्ध यह अपील दायर की गई है, ऐपीलैंट ने अपनी अपील में लिखा है कि उस ने अपने आवेदन तिथी 1.8.2009 द्वारा पब्लिक इंफर्मेशन अफसर, कपूरथला को सूचना अधिकार ऐक्ट तहत स्वामी संत दास पबलिक स्कूल, फगवाड़ा द्वारा फीसे बढ़ाने सबंधी सूचना मांगी थी! जिला शिक्षा अधिकारी (सैकेण्ड्री), कपूरथला ने आपने पत्र नं: अडीटर--2009/538, तिथी 13.8.2009 द्वारा उस को लिखा कि सबंधित स्कूल प्राईवेट स्कूल है और सूचना अधिकार ऐक्ट तहित उस को सूचना उपलब्ध नहीं करवा सकते और लिखा कि जरूरी सूचना स्कूल से सीधे रुप में मांगी जाए! अपील का नोटिस ऐपीलांट, जिला शिक्षा अधिकारी (सैकेण्ड्री), कपूरथला और प्रिंसीपल, स्वामी संत दास पबलिक स्कूल, फगवाडा को दिया गया और तिथी 25.9.2009 को रिकार्ड पेश करने की हिदायत की गई!

अपील करता ने अपनी लिख्ती दर्खास्त पेश की और लिखा स्कूल द्वारा सूचना उपलब्ध करवानी बनती है, जिला शिक्षा अधिकारी (सैकेण्ड्री), कपूरथला ने लिखा है कि स्वामी संत दास पब्लिक स्कूल, फगवड़ा को सरकार द्वारा कोई ग्रांट जारी नहीं की गई और सबंधित स्कूल ने भी इस को दोहराया है, मेरे द्वारा रिकार्ड को अच्छी तरह जांच लिया गया है, सूचना अधिकार ऐक्ट, 2005 के सैक्शन 2 मुताबिक इस ऐक्ट तहित सूचना किसी पबलिक अथार्टी द्वारा मांगी जा सकती है और "पब्लिक अथार्टी" वह है जो सविधान या पार्लियामैंट या राज्य लैजिस्लेचर के ऐक्ट या किसी नोटीफीकेशन तहित होंद (यथार्थ)(came in to existence) में आई हो, अगर कोई बौडी या संसथा जो सरकार द्वारा काफी मात्रा में आर्थिक सहायता लेवे तो वह ही "पब्लिक अथार्टी" की परिभाषा में आ जाऐगी, जिला शिक्षा अधिकारी (सैकेण्ड्री) कपूरथला ने सपष्ट रुप में लिखा है कि स्वामी संत दास पब्लिक स्कूल, फगवाड़ा को सरकार द्वारा कोई ग्रांट आदि जारी नहीं की गई, इस लिए यह स्कूल सूचना अधिकार ऐक्ट तहित पबलिक औथोर्टी की परिभाषा में कवर नहिं होता और सबंधित स्कूल को सूचना ऐपीलैंट को देने के लिए क़ानून अन्दर पाबंद नहिं किया जा सकता, जिला शिक्षा अधिकारी (सैकेण्ड्री) द्वारा अपने हुक्म तिथी 13.8.2009 द्वारा सही तौर पर दर्खस्त में लिखी सूचना देने से असमर्थता दिखाई !

3. उपरोक्त तथ्यों को मुख्य रखते हुए इस अपील में कोई वज़न नहीं है, जो खारिज की जाती है,

तिथी, चंडीगढ़ आर ऐल मैहता,

20 अक्तूबर, 2009 ऐपीलेट अथॉर्टी, स्कूल शिक्षा विभाग,

पिठ अंकन नं: 18/145/2009-3सि6/1, तिथी, चंडीगढ) 20-10-09

इस का एक उतारा श्री रजनीश मधोक, B-xxx/63, वासी: नैहरू नगर, ऐस.टी. नं: 2, रेलवे रोड, फगवडा-144401 को सूचना हित भेजा जाता है,

ऐपीलेट औथोर्टी,

======================================================================

Points to be noted:

The Second appeal had been made on 6th Oct 2009 and Notice of hearing by State Information commission had been fixed under AC No. 722. The notice of hearing received by appellant from the SIC on 23/10/2009 and the above mentioned order passed by First authority against my appeal on 24th Oct 2009.

My points of appeal:

1. The application dated 31st July 2009 sent on 01/08/09 with request to entertain the application under Sec 2(F) of Right to information Act, 2005, in which it is clearly mentioned that the information relating to any private body which can be accesed by a public authority under any other law for the time being in force, the PIO is duty bound to supply the information.

2. Not satisfied with the reply I filed an appeal before the FAA, FAA fixed the date of hearing vide Memo No. 18/145/209-386/ dated 25/9/09. On the date of hearing the appellant reported in the office of FAA. But FAA Mr. R.L. Mehta had not been present in the office and PIO not reported on hearing.

3. As more than prescribed limit of time has passed so the information kindly be provided under Sec 7(6) free of cost to the applicant.

=====================================================================

Rajneesh Madhok,

B-xxx/63, Nehru Nagar,

St. no. 2, Railway Road,

Phagwara-144401 (Pb)

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