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SIC asks private education society to disclose info under RTI act

KT NEWS SERVICE . Dated: 9/8/2012 12:11:53 AM

SRINAGAR, Sep 7 : In a significant judgement, the State Information Commission (SIC) has directed a private education society, to disclose information sought by an applicant under the Jammu and Kashmir Right to Information (RTI) Act 2009, after terming it as a public authority.
In a landmark decision, which could have far reaching consequences for the government aided organisations, the commission has directed the Khalsa Education Society, running the City based Khalsa School, to provide information to an RTI applicant, after rejecting its contention that the school is a private organisation.
“Having considered all facts, the provisions of law, the commission hereby declares that in the present case Khalsa Education Society falls within the definition of section 2(f)(B) of the J&K RTI Act, 2009 i.e., Non-Government Organisation substantially financed, directly or indirectly by the government”, reads the decision issued by the commission’s registrar on behalf of the Chief Information Commission, under No SIC/RK-6/Comp/11-2011/191
The commission has also directed the society to take necessary steps for implementing provision of the section 4 of the RTI Act 2009, which is obligatory for a Public Authority, within a period of one month.
“President Khalsa Education Society is directed to designate First Appellate Authority, PIO and APIO for the society as mandated in section 5 of State RTI Act 2009 within one month from receipt of the order”, the judgement reads.
Pertinently one Shri Upjit Singh had filed a complaint in the state information commission in November 2011, after the Khalsa society had denied information to the applicant citing the reason that the school is a private institution and is not governed by any government statute.
However, the applicant had managed to produce official documents before the commission showing details of grants-in-aid received by the society from different government departments.
Interestingly, documents had revealed that the society had been in receipt of rupees 4.9 lakh from the state’s school education department. An amount of rupees 33 lakh under MPLADS scheme had also been forwarded to the executing agencies for construction of the school as revealed by documents.
“Facts reveal that Khalsa Education Society has accepted funds for construction of Library/Laboratory and school building directly or indirectly in the shape fo grant-in-aid i.e., Rs 4,90,880 and from MPLAD an amount of Rs 33 lakhs which is government money. Further the school has been promised further amount of Rs 43 lakhs by MPs, MLAs, MLCs from Constitutency Development Fund”, reads the judgement from the Information commission.
In view of its having benefited from the government money and received substantial financial aid from the government, the SIC has directed the Khalsa Education Society to disclose information.
However, the commission had declined to pass any observations regarding the title of the land under the school, calling it ‘beyond the ambit of the powers conferred on the commission’.