********** 1. Public Information Officer/ Joint Director, Directorate of School Education, Jammu.

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1 J&K State Information Commission, (Constituted under Right to Information Act, 2009) Old Assembly Complex, Srinagar, Fax No House No. 14, Sector 8, Trikuta Nagar, Jammu, Fax No ********** No: SIC J/Complaint/39/2010 Dated: Appellant/Complainant: Vilakshana Singh S/O Shri Late Jagdish Singh Dogra R/o: Sidhra Bye Pass, Opp. Eicher Workshop, Sidhra Tehsil & District Jammu...Appellant Respondent/s: 1. Public Information Officer/ Joint Director, Directorate of School Education, Jammu st Appellate Authority/ Director School Education, Jammu. Respondents.. O R D E R An appeal under section 16 of the Jammu and Kashmir Right to Information Act, 2009 has been filed in this Commission on , whereas first appeal has been disposed of on under No and appellant had asked following information: 1. Whether a Government Teacher, Lecturer or any other employee of Education Department of J&K Government is required to seek prior permission before undergoing further studies through correspondence mode? If yes, kindly supply me a copy of the Act/Rule/Order or Notification having course of law which mandates such priorr permission.

2 2. Whether there is any Act/Rule/Order or Notification which mandates the Government Employee cannot under go further studies through authorized study centres or universities recognized by UGC? If yes, kindly supply me a copy of the Act/Rule/Order or Notification having course of law which mandates such prior permission. 3. Whether a ReT (Rehbar-e-Taleem) teacher of Education Department of J&K Government is required to seek prior permission before under going further studies through correspondence mode? If yes, kindly supply me a copy of the Act/Rule/Order or Notification having course of law which mandates such prior permission. 4. Kindly state the Section/s of any Act or Rules which makes it mandatory for the private school to declare summer and winter vacations on the date mentioned by the Director School Education. 5. Kindly state the Section/s of any Act or Rules which enables Director School Education to take penal measures against the private schools which are not closed during the vacations as per orders of Director School Education. 6. Kindly state how many Government Teacher/Lecturers have been serving at the same school continuously for a period of more than five years? Kindly supply me, on a compact disc, the names of such teachers/lecturers along with the names of the schools in which they are serving. 7. Kindly state how many Government Teachers/Lecturers have been transferred, since January, 2009, before completion of a period of two years at one school? Kindly supply me, on a compact disc, the names of such teachers/lecturers along with the names of the schools, from and to which they are transferred. 8. Kindly state how many Government Teachers/Lecturers have been transferred in mid session during 2009 and Kindly supply me, on a compact disc, the names of such teachers/lecturers along with the names of the schools, from and to which they are transferred.

3 9. Kindly state why private schools are asked to bring result registers for getting the discharge certificates countersigned and what is the purpose of taking one copy of the result registers from the private schools when it is not to be used for verifying record at the time of countersigning the discharge certificates by the Government Authorities. As per the appellant, the information was not provided to him within a period of 30 days as required under the Right to Information Act, However, it is admitted that a letter was received from Joint Director (MW), Directorate of School Education Jammu it would be relevant to refer to the replies given by the respondents which is as under:- Reply to the first query of the appellant is as under: Every employee prior to proceeding for further studies is required to seek permission from the concerned department as per Rules provided under Leave Rules, J&K Civil Services Leave Rules, Reply to the second query of the appellant, given by the respondents is as under: It is to inform you that the issue regarding permission to be accorded for under going any course through authorized or unauthorized Study Centres is pending decision with Government, therefore, no comment can be made on the issue till some instructions are received from them in this regard. Besides employee is governed b the Service Rules therefore, necessary permission is required on case to case basis as per the relevant rule. Reply to the query third of the appellant is given as under: RET (Rehbar-e-Taleem) is a centrally sponsored scheme and governed by the guidelines issued under SSA. However for improving his/her qualification through correspondence, RET can apply for any type of leave other than study leave after regularization. Reply to query fourth of the appellant is as under:

4 All the private Schools are governed by the Jammu and Kashmir School Education Act, 2002(now revised as Jammu and Kashmir School Education Rules 2010 under SRO-123 Section 11 and 12 of the said Act may please be referred to accordingly. Reply to the query No.05 of the appellant given by the respondents is as under: In view of the Jammu and Kashmir School Education Act, 2002(now revised as Jammu and Kashmir School Education Rules 2010) under SRO-123 Section 11 and 12 of the said Act, whosoever shall not adhere to the provisions of the said Act, warrants action which includes withdrawal of recognition/permission. Query No. 06 of the appellant which was with regard to number of Government Teachers/Lecturers who have been serving at the same school continuously for a period of more than five years has not been replied by the Public Information Officer (PIO). I have also gone through the 1st Appellate Authority s decision and I found even she has conveniently forgotten to address the real issue. Kernel of information, the appellant wanted to know how many Government Teachers/Lecturers have been serving at the same school continuously for a period of more than five years and he also wanted list on a compact disc, the names of such teachers/lecturers and name of schools. This was a specific information sought and as per the provisions of the Act, particularly Section 2(d). This is information which fallen within the ambit of the Act and the disclosure of such information is not protected under section 8, hence the respondents are directed to supply the information immediately within a period of eight days from the receipt of this order. Similarly, the query No. 7 asked by the appellant has not been given as per the mandate of the RTI Act. The appellant can not faulted for not providing what the Public Information Officer (PIO) says vagueness of the information as sought. The information as sought is very clear i.e. the appellant wants the number of Government Teachers/Lecturers who have been transferred since 2009 before completion of two years at one school and he wanted this information on the compact disc also along with their names of schools and teachers/lecturers. The respondents are the repository of

5 such information, therefore, they are duty bound under the J&K Right to Information Act, 2009 to provide this information. The observation made by the 1 st Appellate Authority with regard to purpose of Right to Information Act are quite irrelevant and have no bearing on the intention of the legislature by bringing this Act in order to ensure transparency particularly in the field of governance. This information be also provided to the information seeker within eight days from the receipt of this order. Similar is the fate with regard to query No.08 put by the appellant to the Public Information Officer (PIO) and the 1 st Appellate Authority. The information as sought is quite specific. The Public Information Officer (PIO) and 1 st Appellate Authority have missed the point. The appellant is no where challenging the basis of any transfer policy which is not the subject matter of this Act. The purpose of the Act is to provide information to the information seeker, if otherwise, not protected or by the Act. As no such exception has been brought out by the appellate authority, therefore, the respondents are directed to give this information within 8 day from the receipt of this order. With regard to query No.09 of the appellant, the validity of the Rule involved can not be called in question under the J&K Right to Information Act, 2009 by any seeker of information, hence Commission dismisses this ground of the appellant raised in its ground of appeal. Being not maintainable in view of the limited mandate of the J&K Right to Information Act, Inspite of that it is seeing that the respondents have by and large replied to the question. Before this order is concluded, the respondents are advised to quote and mention correct section, sub section or any clause of Jammu and Kashmir Right to Information Act, 2009, under which an order for providing information or otherwise is passed or appeal is adjudicated upon because taking action on the applications of information seekers adjudicating the appeal filed by an appellant is a statutory action and not routine administrative action.

6 In the result the appeal is partially allowed. The appellant has also prayed for imposition of penalty on the respondent No.1 for not supplying information on time. As stated above the information has been provided partially by the Public Information Officer (PIO). For initiating penalty under section 17 of the J&K RTI Act, 2009, a separate show cause is issued along with this order for providing reasonable opportunity to the defaulter for explaining why penalty should not be imposed upon him under the provisions of J&K Right to Information Act, While going through the entire facts and circumstances of the fact and record I am convinced that this is not a case of awarding any compensation, hence the said claim of the appellant is dismissed. Because no case has been made before me proving that because of slight delay of the Public Authority in responding to appellant s request any loss was caused to the appellant or any other detriment suffered by the appellant for awarding such compensation under the provisions of Section 16 (9) (c) because in accordance with provisions of Section 16 (9) (b) the appellant has to prove that he had suffered any loss or other detriment. Sd/- ( G. R. Sufi ) State Chief Information Commissioner, J&K