Sunday 4 March 2012

CIC Judgement, Information Officer Is not Supposed to interpret law

Name of the Appellant
Date of Hearing: 25.08.2011
Appellant has filed appeal dated 27
2. The appeal was fixed for hearing on 26
3. In the RTI application the appellant had sought following information in 4 paragraphs:-
1) Whether Right to Information Act, 2005 is applicable to private unaided schools, educational Institutions owned and managed by Public Trust/s in light of the Right of Children to Free and Compulsory Education Act, 2009 being applicable to them. If not, why not?
2) Whether the applicability also applied to the sister concerns/subsidiaries owned & managed by the Public Trust. If no, why not?
3) Whether Decision No. 5607/IC(A)2010 of the Hon’ble Commission overrules previous High Court judgements bringing all private un-aided schools/educational Institutions and the Public Trusts owning them under the ambit of the RTI Act, 2005?
4) Whether recent High Court judgements overrule previous judgements in the matter?
4. In response to this, Shri M C Sharma, Under Secretary and CPIO informed that with respect to para 1 & 2, the appellant may go through the RTI act 2005. Regarding para 3 and 4 he informed that it is legal question and the appellant may seek legal opinion.
5. Aggrieved by the response, the appellant has filed first appeal requesting that in order to enable the appellant to make purposeful use of the Act with regard to Private Educational Institutions and Trusts, which claim exemption from the Act, given the ambiguity of various decisions/judgements, requested information be provided. The appellant was once again informed that the information sought by him cannot be provided by CPIO. He was also informed that such matters can only be adjudicated by the commission in the decisions given in various Appeals and Complaints. CPIO is not competent or supposed to interpret various provisions of the law.
6. With the above remarks, the appeal is dismissed.

: Shri Rashad M. Shaikh th July 2011, diarized in the Commission on 1st August 2011, against response of CPIO dated 6th July 2011, on RTI application dated 23rd June 2011, diarized in the Commission on 29th June 2011. th August 2011 at 12.00 noon. The appellant was heard on telephone.
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