Right2Information

Right to Information – Master key to good governance

CIC ruling

Posted by rtiact2005 on September 1, 2006

——— Forwarded message ———-
http://cic.gov.in/CIC-Orders/Decision_21072006_7.pdf

CENTRAL INFORMATION COMMISSION
Appeal: No. CIC/OK/A/2006/00127
Dated, the 21st July, 2006

Name of the Appellant :Shri Jehangir B. Gai, Wadia Building, 598-A, Girgaon Road, Mumbai.

Name of the Public Authority : Bureau of Secondary Education Dept. Of Secondary & Higher Education, Ministry of HRD, New Delhi

ORDER

Background:

Shri Jehangir B. Gai, Mumbai applied to CPIO, Ministry of HRD on 15th February, 2006 seeking information about the status of the application of the New Era School, Mumbai for CISCE affiliation. On 24 March 2006 PIO, Smt. L. Indumathy informed the applicant that the Council for the Indian School Certificate Examinations (CISCE) is an autonomous body, not answerable to the Ministry of HRD and advised him to contact the CISCE in the matter. He filed his first appeal to Shri S.C. Khuntia, Joint Secretary in the Ministry of HRD on 3rd May, 2006 stating that the reply is incorrect and misleading. The first Appellate Authority dismissed the appeal upholding the view of CPIO. The Appellant then filed his second appeal on 11th May, 2006.

2. The matter was heard by the Commission on 21st June, 2006. Shri Mahender Kumar, Personnel Officer of CISCE represented the Council with Smt. L. Indumathy and Shri Madan Mohan appeared on the behalf of the Ministry of HRD.

Decision:
3. After hearing the submissions of the Respondent the Commission came to the conclusion that prima facie the CISCE is not covered by the definition of a public body since it is neither funded nor controlled by the Government or any other public body. However, going by the definition of the term information under Section 2(f) of the RTI Act, which includes ‘information relating to any private body which can be accessed by a public authority under any other law for the time being in force’. The Respondents are thus directed to obtain the information from the CISCE within 15 days and supply it to the Appellant within 21 days of the issue of this order.

4. The Commission ordered accordingly.

Sd/-
(O.P. Kejariwal), Information Commissioner
Sd/-
(L.C. Singhi), Additional Registrar

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