After considering the case, the Bench rejected the government’s contention.
It said that the disciplinary proceedings taken by government and aided schools against teachers who take private tuitions can be made available to the RTI applicant as the information would be available with the department though not at one place and has to be collated.
“Insofar as the information regarding teachers of private unaided schools is concerned, Rules 118, 120(1)(d)(iv) and 121(2) of the Delhi School Education Rules, 1973 stipulates that if a School intends to take a major penalty against a teacher then the approval of the Director of Education is necessary and without such an approval any action of major penalty cannot be imposed on the teacher. Therefore, information related to teachers of private unaided schools can be collated from the records of major punishment imposed by such schools,” the Court said.
The Court, therefore, rejected the plea filed by the Delhi government and directed it to provide the information sought.
“Since time given by the CIC in the impugned order is over, it is open to the Petitioner [Delhi government] to approach the CIC for extension of time,” the Court added.
Source: Barandbench
