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| SIC directs CEO Srinagar to provide details | | Admission of BPL students in Pvt schools | | Early Times Report
Srinagar, Apr 5: In a significant development the State Information Commission (SIC) has directed the Chief Education Officer (CEO) Srinagar to collect details about number of students from Below Poverty Line (BPL) category being admitted in some renowned private schools of Srinagar as per Apex Court guidelines. The information was earlier not provided under RTI Act which prompted the applicant to file appeal before the Information Commission. Details available with Early Times reveal that an RTI application was filed before Directorate of School Education Kashmir (DSEK) by one Parvaiz Ahmad Bhat a resident of Rawathpora, Baghat Srinagar on 26.03.2018 seeking information about admission of BPL students in some reputed Private Education Institutions in Srinagar and Budgam during last 2 years under the guidelines of Supreme Court video SRO 123.
The Public Information Officer (PIO) Directorate of School Education, Kashmir (DSEK) vide letter dated 22.03.2018 transferred RTI application to PIO/Chief Education Officer (CEO), Srinagar under Section 6(3) of the J&K RTI Act, 2009. As CEO Srinagar failed to provide the requisite information to Parvez Ahmad Bhat , he filed fist appeal before the First Appellate Authority (FAA) Dsek on 04.06.2018. Again aggrieved by the inaction of the FAA, the appellant filed 2nd appeal before the State Information Commission (SIC) on 12.11.2018 praying therein that the respondents be directed to provide him the requisite information as per his basic RTI request dated 26.03.2018.
The appeal came up for hearing before the State Information Commission (SIC) on 21.02.2019. The PIO in the office of Directorate of School Education, Kashmir was not present. However, CEO Srinagar was represented by Showkat Hussain, APIO. The appellant Parvaiz Ahmad Bhat also did not attend the hearing. The PIO Directorate of School Education, Kashmir filed counter statement dated 03.12.2018 informing thereunder that the RTI application filed by the appellant was transferred to CEO Srinagar under Section 6(3) of the J&K RTI Act for providing the requisite information directly to the information seeker. The representative of the PIO/CEO Srinagar submitted that the appellant had sought information regarding admission of BPL students in Private Education Institutions in Srinagar and Budgam. Accordingly, vide communication dated 12.04.2018, the assistance of all Private Institutions was sought. However, only Tyndale Biscoe School Srinagar, Mallinson Girls School, Kashmir Valley School and Tyndale Biscoe School Tangmarg furnished the information. The said information was provided to the appellant on 23.06.2018.
Subsequently, the CEO Srinagar vide his communication dated 05.02.2019 requested DPS Athwajan, DPS Budgam, Burn Hall School, Srinagar, J K Public School Srinagar, Islamic International School Srinagar, Presentation Convent School Srinagar, Green Valley School Srinagar, International School Kashmir Baghat Chowk, Srinagar, Minto Circle Aloochi Bagh Srinagar and Prime Public School Srinagar to provide the assistance so that the information is furnished to the appellant. However these schools failed to respond.
" Since the CEO Srinagar had sought the assistance of the Principal of Private Educational Institutions, such Principals had become deemed PIOs in terms of Section 5(5) of the J&K RTI Act and accountable for contravention of the provisions of the J&K RTI Act. The hearing was adjourned. The CEO Srinagar was directed to again impress upon Principals of remaining Private Educations Institutions to furnish the required information so that the same is transmitted to the appellant without any further delay. The Principals of DPS Athwajan, DPS Budgam, Burn Hall School, Srinagar, J K Public School Srinagar, Islamic International School Srinagar, Presentation Convent School Srinagar, Green Valley School Srinagar, International School Kashmir Baghat Chowk, Srinagar, Minto Circle Aloochi Bagh Srinagar and Prime Public School Srinagar were also directed to provide the assistance sought by CEO Srinagar immediately so that the information is furnished to the appellant " SIC order reads
The appeal again came up for hearing before the SIC on 18.03.2018. The PIO/CEO Srinagar was represented by Gh. Rasool Mir DEPO Srinagar. The appellant Parvaiz Ahmad Bhat attended in person. Pursuant to interim order dated 21.02.2018 the Burn Hall School, Minto Circle and Presentation Convent schools furnished the information which was transmitted to the appellant on 12.03.2019. The Tyndale Biscoe Srinagar/Tangmarg, Mallinson Girls School, Kashmir Valley Schools have already furnished information to the appellant. The Private Educations Initiations namely Green Valley, DPS Srinagar, Islamic International School Humhama, Prime Public School, International School Baghat Chowk Srinagar and J K Public School Humhama are yet to respond to the request for furnishing information. The appellant submitted that Tyndale Biscoe Srinagar/Tangmarg and Mallinson Girls School Srinagar have furnished incomplete information as the name of the students admitted under BPL category has not been provided. He further submitted that these schools have furnished the details of fee concession given to BPL students without providing details and number of students admitted. In his RTI application, the appellant Parvez Ahmad had sought information regarding BPL admissions in Private Schools.
SIC's final order dated 18.03.2019 reads
"After hearing the parties and going through the record submitted, the present appeal is disposed of with the direction to the PIO/CEO Srinagar to collect and collate the details as regards the number of students admitted by Private Educations Initiations namely Green Valley School, DPS Srinagar, Islamic International School Humhama, Prime Public School Baghat, International School Baghat Chowk Srinagar and J K Public School Humhama under BPL category. The PIO shall also seek details form Tyndale Biscoe Srinagar/Tangmarg and Mallinson Girls School, Srinagar about the number of students admitted in each institution under BPL category and provide the same to the appellant. This information shall be collected and provided to the appellant within a period of three weeks from the date of receipt of this order ". |
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