RTI Judgement Series: When government school teachers from Delhi were denied experience certificates
Moneylife Digital Team 13 February 2013

Expressing surprise over a very regressive order by Delhi's Education Department, the Commission hoped that the education director would review the decision with some rationality. This is the 40th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while expressing surprise over a bizarre order, asked the Public Information Officer (PIO) of Directorate of Education, Government of National Capital Territory of Delhi (GNCTD), to provide details of the advertisement under which the recruitment on a contractual basis was done. While giving this important judgement, Shailesh Gandhi, former Central Information Commissioner, expressed hope that the Director of Education would also review the order with some rationality.

 

Allowing the appeal, the CIC in its order issued on 13 August 2009, said, “Dr KS Yadav (the PIO) will send the information to the appellant before 5 September 2009.”

 

Delhi resident Geeta Devi sought information from the Directorate of Education, GNCTD about her letter and an advertisement for recruitment. She sought following information...

 

1. Action taken by the Directorate on letter dated 6 November 2008.

2. Details of the advertisement number under which the recruitment on a contractual basis was done by the Directorate.
 

The PIO did not reply. Geeta Devi then filed her first appeal before the First Appellate Authority (FAA). The FAA, in his order on 24 April 2009, said, “The appellant has not mentioned the name of the PIO against whom the appeal was referred. Therefore, the FAA is not in a position to take any action.”

 

Due to non-receipt of information from the PIO and no action taken by the FAA, Geeta Devi, then approached the CIC with her second appeal.

 

During a hearing on 23 June 2009, the PIO stated that he had sent reply to Geeta Devi on 16 February in response of query no1, but query no2 was no replied at all.

 

From the information produced before the Commission, which was claimed to have been sent to the appellant, Mr Gandhi, the CIC found that that Rajendra Kumar, the then Director of Education by Diktat of 20 October 2003 had instructed all principals and education officers not to issue any experience certificates to teachers who have worked in government schools.

 

“This appears to be a very regressive order and the Commission desires that Chandra Bhushan Kumar, the Director of Education, reviews this decision with some rationality,” Mr Gandhi said.

 

While allowing Geeta Devi's appeal, the Commission directed the PIO to provide complete information to the appellant before 5 September 2009.

 

CENTRAL INFORMATION COMMISSION

 

Decision No. CIC/SG/A/2009/001571/4445

https://ciconline.nic.in/cic_decisions/SG-13082009-13.pdf

Appeal No. CIC/SG/A/2009/001571

                                                                  

Appellant                                         : Geeta Devi

                                                              New Delhi-110046.

 

Respondent                                      : Dr KS Yadav

                                                               PIO

                                                               Directorate of Education, GNCTD,

                                                               District (West -A) Education,

                                                               Karampura, Motinagar, New Delhi

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