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2025 Supreme(Online)(CIC) 3791
CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
Paban Shaw – Appellant
Versus
The Principal, Railway Mixed Primary School – Respondent
CIC/SERLK/C/2024/108978|CIC/ERAIL/C/2024/111981
For the Appellant: Paban Shaw
For the Respondents: Shri Yogendra Korah, Shri S.K. Chattopadhyay
The Commission found no mala fide denial of RTI information and emphasized the importance of following statutory procedures when filing grievances.
Headnote:(A) Right to Information Act, 2005 - Section 18 - Complaints filed for information denial regarding admission procedures for schools - The information was provided, but the application filing process was not adequately followed by the complainant - The Commission found no evidence of malafide intent or unreasonable denial of information by the Public Information Officer. (Paras 12 and 13)
(B) Jurisdiction of the Commission - Distinction between supervisory powers under Section 18 and appellate procedure under Section 19 emphasized - Procedural adherence required for grievance appeals. (Paras 12)
Facts of the case:
The complainant submitted two RTI applications regarding admission procedures for academic years 2023-24 and 2024-25 for his daughter, which were rejected. Information sought details were provided by the PIO. Appeals were not filed following the initial responses.
Findings of Court:
The Commission observed a lack of deliberate denial of information by the PIO, concluding no action required under Section 20(1) of the RTI Act.
Issues: Whether the information was denied with malafide intent, and the application of the statutory procedure under Sections 18 and 19 of the RTI Act.
Ratio Decidendi: Absence of evidence indicating a deliberate denial justified the dismissal of complaints citing the need for adherence to statutory processes for information access.
Result: Complaints dismissed.
| Table of Content |
|---|
| 1. rti applications regarding admissions. (Para 1 , 2) |
| 2. procedure and responses to rti applications. (Para 3 , 4) |
| 3. details provided by the pio. (Para 5 , 6 , 7 , 8) |
| 4. decision and dismissal of complaints due to lack of evidence. (Para 9 , 10 , 11) |
| 5. jurisdiction and procedure referenced in a cited case. (Para 12 , 13) |
North 24 Parganas, - 743145 ….(cid:28)ितवादीगण /Respondent Date of Hearing : 30.07.2025 Date of Decision : 20.08.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari The above-mentioned complaints are clubbed together as the complainant is common, subject matter is similar in nature and hence are being disposed of through a common order.
CIC/SERLK/C/2024/108978 Relevant facts emerging from complaint:
RTI application filed on : 10.02.2024 CPIO replied on : Not on record First appeal filed on : Not on record First Appellate Authority’s order : Not on record
2nd Appeal/Complaint dated : 18.03.2024 Information sought:
1. The Complainant filed an RTI application dated 10.02.2024 (offline)
seeking the following information:
“Sub: Seeking information about admission and rejection procedure the RTE Act and Beti Bachao Beti Padhao scheme under through the RTI Act
2005.
Ref: 1 Application; dated:- 22/12/2022 for the academic year 2023-2024
2. Application dated: 11/12/2023 for the academic year 2024-2025 With due respect and humble submission. I PABAN SHAW, Son of Late Banshi lal shaw, ex employee of Eastern Railway, and SATYA BHAMA SHAW (DEVI) family pension holder of Eastern Railway till date. I had submitted two applications for non railway one for the academic year 2023-2024 (dated 22/12/2023) and another for the academic year 2024- 2025 (dated 11/12/2023) for new admission my daughter name Pranavi Shaw (single child) date of birth 10/10/2019 but unfortunately rejected those two applications. My present residential address -83, Gour babu road, 5th pally, ward No. 5, P.O-Kanchrapara, Dist.-North 24 paraganas, pin-743145.
Would like to request you to provide the following information under RTI Act 2005.
1 In detail of admission procedure for the academic year 2023-24 with status Report.
2 In detail of admission procedure for the academic year 2024-25 with status Report.”
2. Not having received any response from the CPIO, the complainant failed to file a First Appeal. The FAA order is not on record.
3. Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
CIC/ERAIL/C/2024/111981 Relevant facts emerging from complaint:
RTI application filed on : 10.02.2024 CPIO replied on : 14.03.2024 First appeal filed on : Not on record First Appellate Authority’s order : Not on record
2nd Appeal/Complaint dated : 15.04.2024 Information sought:
4. The Complainant filed an RTI application dated 10.02.2024 (offline)
seeking the following information:
“Sub: Seeking information about admission and rejection procedure the RTE Act and Beti Bachao Beti Padhao scheme under through the RTI Act
2005.
Ref: 1 Application; dated:- 22/12/2022 for the academic year 2023-2024
2. Application dated: 11/12/2023 for the academic year 2024-2025 With due respect and humble submission. I PABAN SHAW, Son of Late Banshi lal shaw, ex employee of Eastern Railway, and SATYA BHAMA SHAW (DEVI) family pension holder of Eastern Railway till date. I had submitted two applications for non railway one for the academic year 2023-2024 (dated 22/12/2023) and another for the academic year 2024- 2025 (dated 11/12/2023) for new admission my daughter name Pranavi Shaw (single child) date of birth 10/10/2019 but unfortunately rejected those two applications. My present residential address -83, Gour babu road, 5th pally, ward No. 5, P.O-Kanchrapara, Dist.-North 24 paraganas, pin-743145.
Would like to request you to provide the following information under RTI Act 2005.
1 In detail of admission procedure for the academic year 2023-24 with status Report.
2 In detail of admission procedure for the academic year 2024-25 with status Report.”
5. The CPI
