The Public Information Officer, Govt. of NCT of Delhi v. Saurabh Sharma and Ors

RAJIV SAHAI ENDLAW, J. SEPTEMBER 29, 2015 bs (corrected & released on 18th January, 2016)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 29th September, 2015 + W.P.(C) 4675/2012 THE PUBLIC INFORMATION OFFICER, GOVT. OF NCT OF DELHI ..... Petitioner Through: Mr. Satyakam, Adv. Versus SAURABH SHARMA AND ORS ..... Respondents Through: Mr. Divya Jyoti Jaipuriar, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition impugns the orders dated 29th July, 2011 and 12th March, 2012 of the Central Information Commission (CIC) constituted under the Right to Information Act, 2005 (RTI Act) in a complaint filed by the respondent No.1 Mr. Saurabh Sharma and in a petition filed by the respondents No.1 to 12 herein namely Mr. Saurabh Sharma, Mr. Thomas, Ms. Reena, Ms. Reeta, Ms. Rukhsana, Ms. Shakuntala, Mr. Vinod Singh, Ms. Sushila, Mr. Harvinder Kumar, Mr. Lalit Kumar, Mr. Umapati Kumar and Mr. Banram Kumar respectively. 2. This writ petition was entertained and vide ex-parte ad-interim order dated 31st August, 2012 the operation of the impugned orders stayed. The said interim order has continued in force. A counter affidavit has been filed on behalf of the respondents and to which a rejoinder has been filed by the petitioner. The counsel for the petitioner and the counsel for the respondents have been heard. 3. The respondent No.1 filed a complaint under Section 18 of the RTI Act against the petitioner, the Central Public Information Officer (CPIO) of the Directorate of Education (DoE) of the Govt. of NCT of Delhi (GNCTD), contending that certain categories of documents including the manuals mandated under Section 4(1)(b) of the Act to be available in hardcopy at the various schools in Delhi for inspection suo moto, were not being made available and seeking a direction for the following documents to be available for inspection in all schools of the GNCTD: "1. Admission records 2. Students' attendance records 3. Teachers' attendance records 4. Budget Allocations, Sanction issued and Expenditure incurred 5. Expenditure on Educational Tours, Mid Day Meals, V.K.S. / S.M.C., Sanitation and CEP heads. 6. Records of disbursements made to students on account of Scholarships, Uniforms, Books, and all other incentives given under any scheme. 7. Copies of Circulars / Notifications / Orders received from Directorate of Education & other Departments / Authorities from time to time. 8. Various Registers like inspection Register, Visitor Register, Movement Register." 4. The CIC, vide impugned order dated 29th July, 2011 allowed the said complaint and directed: (i) that the DoE of GNCTD, while issuing any circular with effect from 1st August, 2011, shall decide if there is a reason why it should not be in public domain and record the said reasons in writing; all other circulars shall by default be placed in public domain; (ii) that the aforesaid documents be made available, by all Schools of DoE of GNCTD, for inspection by citizens on last working day of each month from 8 AM to 10 AM and 2 PM to 4 PM for the first and second shift of the school respectively w.e.f. the last working day of September, 2011; (iii) to make the information regarding inspection timings available on the notice board of all the schools; (iv) to send a report of compliance by 15th September, 2011; 5. The National Commission for Protection of Child Rights (NCPCR) wrote a letter dated 9th March, 2012 to the CIC stating that it is the Monitoring Agency for Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and requesting the CIC to amend the order aforesaid dated 29th July, 2011 supra by allowing physical verification of school premises including infrastructure facilities, mid-day meals and compliance of all other provisions of the RTE Act in addition to the inspection of documents and registers as already directed. 6. It was the contention of the NCPCR before the CIC that records of the schools do not even reflect the actual physical reality and thus physical verification of infrastructural facilities by citizens while inspec