Re: [HumJanenge] Court case of DPS vs CIC and othrs

Dear Mohit

We had told you all this was going to happen, and you said never mind.

It is precisely because of persons like you that private bodies are getting away with this.
Who told you to start the case if you could not finish it ?

See the worst case scenario:
Next what will happen is CIC will move an application saying they should be deleted from list of parties. After that Delhi Abhivavak Sangh may reach some understanding with DPS and file some bakwaas reply.  DPS (and this means all private schools in Delhi) will be exempt from RTI, and Mr. Mohit Goel would have done a very good job for RTI.

Sarbajit

On Sat, Dec 1, 2012 at 12:24 PM, Mohit Goel <mr_mohitg@yahoo.com> wrote:

Dear Members

Need your guidance and support on below matter.

In one of my case of RTI,  CIC declared DPS Rohini as Public Authority last year . 

Later on this decision was stayed by  Honble Justice Rajeev Sahai Endlaw. Seeing the importance of case, the court has made Delhi Abhivavak sangh, Directorate of Education and Federations of Private school of Delhi as party to the case. This case still pending at high court with next date of hearing on 14th April . 

As per last input received from some known sources, following were the update of the case

1. All parties except CIC and Delhi abhivavak sangh are in favor of keeping Private schools out of RTI preview.

2. Some one dropped the hint that shri Honble Justice Rajeev Sahai Endlaw was alumni of DPS and he should have rescue himself from the case while staying the judgement then. 

DPS society is known for its high connections and influencing the data etc and that is the main reason Directorate of Education is not in favor of bringing any private school under RTI. 

Currently this matter sub judice. Unfortunately i could not attend any of the hearing and seems i have already been made ex parte to the case.

Please advise if some one is interested in representing this case on my behalf and take this social cause forward. I have complete data in terms of various judgement of other high courts in similar cases, data related to DPS etc which would be very useful in fighting the case and ensuring CIC judgement is not setaside.

regards

Mohit Goel 

RTI: CIC for disclosure of Pvt. College, NTRO, Whistleblower & Suspension Info.

Times of India :: 24 September 2011

CIC's RTI order on pvt schools stayed

Abhinav Garg, TNN | Sep 24, 2011

NEW DELHI: Delhi high court on Friday decided to examine if the private unaided schools in the capital fall under the RTI Act and can be termed a "public authority".

Justice Rajiv Sahai Endlaw admitted a petition filed by one of the Delhi Public Schools challenging a Central Information Commission ruling that such schools are "public authority" as defined by the RTI Act and stayed the CIC order.

HC also made 'Delhi Abhibhavak Mahasangh' - an association of parents - a party to the case and asked all stakeholders , including the education directorate, to respond to the petition filed by DPS Rohini through its Principal Rita Sen.

Appearing for the school, advocate Punit Mittal argued the school is neither directly nor indirectly funded by the government. He also opposed CIC's conclusion that land was allotted to the school in 1997 at a concessional rate and said the CIC ruling is bad in law. After taking into account the arguments , HC has now posted the case for December.

Earlier this year, the CIC had declared DPS comes under the ambit of RTI Act as it received substantial funding from the government in the form of subsidized land. The transparency panel said Delhi Public School, Rohini, is a public authority within the ambit of the RTI Act as it is controlled by different agencies under the Delhiadministration like DDA and Directorate of Education.

The case relates to an RTI applicant Mohit Goel who sought information from DPS, Rohini, on admission procedures and admissions made under the policy framework specified by the Department of Education for 2010-11 for preschool.

The school refused to give any information saying the RTI Act is not applicable on it as it is a private unaided organization and also cited clause of exemption of personal and private information. Before the Commission, Goel challenged the reasons put forth by the school saying over 10,000sqm of land has been allotted to the school by DDA at a nominal rent of Rs 10 per annum.