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DSEK fails to give evidence to SIC
Pvt schools' documents damaged in floods?
11/12/2016 10:45:54 PM
Early Times Report

Srinagar, Nov 12: The Directorate of School Education Kashmir (DSEK) has failed to give substantial evidence to the State Information Commission (SIC) about its claim that record pertaining to private schools' registration was damaged in the 2014 floods.
Around a year back Chief Information Commissioner (CIC) had directed DSEK to give evidence as PIO of the Directorate had claimed that said record had been damaged in 2014 floods.
Details available with Early Times reveal that one Amir Ali, a resident of village Zabgul Beerwah in district Budgam filed an RTI application before PIO, DSEK on25-05-2015, seeking information regarding granting recognition to private schools in Kashmir province, with district wise details. The information seeker sought copies of orders issued with regard to extension in the period of recognition of private schools in Kashmir province during the period 01-01-2012 to 01-01-2015 duly authenticated by the Joint Director Elementary Education. The information seeker further sought details whether all such orders have been issued with due approval from Director of School Education.
Pertinent to mention that in past officials of DSEK especially CEOs and some touts in the Directorate office had been involved in large scale bungling with regard to giving recognition to privates schools. The norms for these recognitions have allegedly been violated by the officials of DSEK in lieu of huge kickbacks.
The order was to be passed by the PIO DSEK by or before 23-06-2015. The appellant Amir Ali in his 2nd appeal stated that PIO did not pass any order within stipulated time of 30 days which made him to file first appeal before the First Appellate Authority (FAA) in the DSEK on 22-06-2015. Appellant stated before the SIC that he was not provided an opportunity of being heard by the FAA before adjudicating his first appeal and that is the reason he filed 2ndappeal before the SIC on 28-09-2015. The SIC heard the case from time to time.
The PIO did not provide information to the appellant on the plea that most of the information sought got washed away in the devastating floods of September 2014. However, PIO confirmed of having record of01-11- 2014 to 01-05-2015. But for providing said information, he wanted the appellant to give the details of particular schools about which he wanted the information. During the hearing at SIC last year in December the appellant Amir Ali first contented that to avoid disclosure of the information on this important issue of granting recognition to the private schools, PIO has used floods as an alibi because he states that even if part of the record was washed in the floods, attempts could have been made to reconstruct the record through various copies which have been made to other offices/owners or management of the private schools which got recognition and to whom copies of orders are duly made. Later on during hearing, appellant's attention was brought to Section 7(9) of J&K RTI Act 2009 by the then Chief Information Commissioner(CIC) G R Sufi and the PIO voluntarily offered to be provided information only with regard to five selected schools.
SIC order dated 23.11.2015 reads: "The public authority of Directorate of School Education is directed to get copies of the recognition orders from different concerned corners and make suo moto disclosure of said information within 30days from the pronouncement of this order, i.e, 23-11-2015. The pronouncement of the order has been made in presence of Suriya Akhter, Joint Director-cum-FAA, DSEK. The PIO is directed to provide information to the information seeker within 15 days from the receipt of this order. Before concluding this order, the then PIO, Directorate of School Education, Kashmir, Z.A.Banday is directed to submit documentary proof regarding his assertion that records were washed away in the floods of 2014. The documentary proof shall include copy of FIR, etc. Present PIO, DSEK to serve of this order to Z.A.Banday to his present place of posting. In absence of any documentary evidence, it will be presumed that information was denied knowingly and penalty proceedings under Section 17 may be initiated."
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