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Education Is Now A Fundamental Right Of Every Child
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<blockquote data-quote="rajneesh madhok" data-source="post: 123740" data-attributes="member: 10692"><p>Dear Kanwardeep ji,</p><p> Now the point is what is our contribution to make the act successful. The question about the study of 10-11 years child has been considered. If child of 10-11 years start to go to school, there may be chances that he may learn something, that may be based lie etiquettes, discipline and other allied subjects those are again useful for child to make his career. </p><p> I agree to your point that the financial position of many families are not good and they need children to work. But one thing which should be considered is that in those families the male members don’t do physical work, secondly if they do unskilled jobs then the whole days’ earnings are being spent on liquor. If the child goes to school and he gets the Mid-day meal in the school and after the school time he is helpful to his parents to earn their livelihood then also it is not a bad bargain. </p><p> Suppose those children get certificates for the education that have got up to 8th Standard without having the practical knowledge of Standard 1 even. When he will apply for a job he will get the job according to his caliber. </p><p> Now our contribution starts as under:</p><p> </p><p> <a href="http://www.infocommpunjab.com/htm/documents/2009/Orders%20dated%2029.12.09%20%2811.30%20AM%29%20Court2.doc" target="_blank">http://www.infocommpunjab.com/htm/documents/2009/Orders%20dated%2029.12.09%20(11.30%20AM)%20Court2.doc</a></p><p> </p><p> <p style="text-align: center"><p style="text-align: center"><strong>STATE INFORMATION COMMISSION, PUNJAB</strong></p> </p><p> <p style="text-align: center"><p style="text-align: center"><strong>SCO No. 32-33-34, Sector -17-C, CHANDIGARH</strong></p> </p><p> </p><p> Sh. Rajneesh Madhok,</p><p> B-XXX/63, Nehru Nagar,</p><p> St No-2, Railway Road,</p><p> Phagwara-144401.</p><p> </p><p> …………………………….Appellant</p><p> </p><p> <p style="text-align: center"><p style="text-align: center">Vs.</p> </p><p> (1) Public Information Officer </p><p> O/o District Education Officer (S),</p><p> Kapurthala.</p><p> (2) Public Information Officer-First Appellate Authority, </p><p> O/o Special Secy., Education,</p><p> 3rd Floor, Mini Sectt., Pb, Chandigarh</p><p> <p style="text-align: right"><p style="text-align: right">………………………………..Respondent</p> </p><p> <p style="text-align: right"><p style="text-align: right"> </p> </p><p> <p style="text-align: center"><p style="text-align: center"> </p> </p><p> <p style="text-align: center"><p style="text-align: center"><strong>AC No. 722 of 2009</strong></p> </p><p> <strong><u>Order</u></strong></p><p> </p><p> The judgment in this case was reserved on 10.12.2009. </p><p> </p><p> 2. The core question falling for decision in the instant matter is whether the PIO of the office of District Education Officer, Kapurthala can be directed under the RTI Act 2005 to cause the information, pertaining to the fee structure/ hike in a purely private school namely Swami Sant Dass Public School, Phagwara (hereinafter referred to as ‘the school’), provided to a person seeking it under said Act. </p><p> 3. The information demanded from the Respondent is regarding the rules /instructions permitting an increase in the monthly fee by the school ; action taken against the increase in fee ; rules under which students can be forced to buy certain products e.g. school badge, uniform, books etc. from the school tuck shop; Govt. instructions regarding provision of facilities in the private schools etc. In the application seeking information, the Appellant has also referred to the definition of information as given in Section 2(f) of the Act, emphasizing that the <em>‘information relating to any private body which can be accessed by a public authority under any other law for the time being in force’ </em>would also be information under the Act that can be demanded by a citizen. In answer to the </p><p> <p style="text-align: right"><p style="text-align: right">Contd…P-2</p> </p><p> <p style="text-align: center"><p style="text-align: center">-2-</p> </p><p> demand, the Respondent intimated the Appellant vide his letter dated 13.08.09 that the information demanded pertains to purely private school in relation to which the office of the District Education Officer does not enter into any correspondence. It is also submitted that the Respondent’s office is not in possession of any record pertaining to the school nor is there any legal provision under which the office of the DEO can access the record of the private school in question. It is also submitted that there are no rules/regulations framed by the government in relation to the matters referred to by the Appellant. In this premise, it is argued that the application for the information made by the Appellant before the Respondent is not maintainable. In answer to the submission made by the Respondent, the Appellant places reliance on the decision of the Delhi High Court in the case of a private unaided school recognized under the Delhi School Education Act-1973. It is also submitted that the school in question is to be treated as a public authority inasmuch as it enjoys income tax concessions and has been provided with land at subsidized rates by PUDA. It is further submitted that DEO can ask for information from private schools as it is the controlling authority/competent authority in providing the recognition to them. It is lastly submitted that the department of Education has full control over the functioning of the private schools and has power to collect information from those schools.</p><p> 4. On the basis of the rival submissions, the following three questions arise for determination:-</p><p> (i) whether the decision by the High Court of Delhi in regard to a case of a private unaided school covers the case of the Appellant herein?</p><p> (ii) whether the income tax concessions and provision of land at subsidized rates by PUDA confer a status of public authority on the school in question?</p><p> (iii) whether the school in question is controlled by the office of the DEO/Government of Punjab and can access the information in relation to the school under the law as contemplated under Section 2(f). </p><p> <p style="text-align: right"><p style="text-align: right">Contd…P-3</p> </p><p> <p style="text-align: center"><p style="text-align: center">-3-</p> </p><p> </p><p> 5. I shall deal with these questions <em>ad seriatim </em>:-</p><p> <strong>Re(i) </strong></p><p> 6. The reliance placed by the Appellant on the Delhi High Court is misplaced. The private unaided schools in the national capital territory of New Delhi are controlled by a </p><p> statutory enactment i.e. Delhi School Education Act – 1973. Under the provisions of this statute, the authorities in the department of education, exercise considerable control over the fixation of fee structure in those schools. The education department , therefore, has access to information in relation to the private unaided schools in a host of matters pertaining <em>inter alia</em> to fixation of fees etc. In the state of Punjab, however, there is no statutory enactment providing for the control of private unaided schools by the Government in the matter of fixation of fees etc. The Government also has not made any provision in that behalf in exercise of its executive powers under article 162 of the Constitution of India. The situation prevailing in the NCT of Delhi is , therefore, substantially different from that obtaining in the State of Punjab. I, therefore, am of the view that the decision of the Hon’ble Delhi High Court referred to by the Appellant is of no help to him. This point is decided against the Appellant.</p><p> <strong>Re (ii)</strong></p><p> 7. I have carefully considered the submission based on income tax concessions and provision of land at subsidized rates by PUDA. Exemptions, Rebates and Concessions under a tax legislation are granted as per the provisions of the Statute. These are provided pursuant to the fiscal policy of the State adopted with a view to achieving certain objectives. The incidence of tax is created by the Statute and it has no existence <em>de hors</em> the Statute. The computation of the tax is undertaken as per the provisions of the tax legislation and the liability to pay tax is quantified accordingly. It is not that there is any primordially existing tax liability, which the tax legislation seeks to regulate or waive. The tax liability arises only because it is created by the Statute and its incidence and quantum is also determined by the Statute. The liability to pay tax is as per the operation and inter-play of the various provisions of the Statute. The liability arises as a result of the conjoint effect of all the provisions of the Act. The grant of Exemptions/Rebates/Concessions under a tax legislation is not a largesse doled out by the State to an individual or an institution. These are granted as a part of fiscal policy of the </p><p> <p style="text-align: right"><p style="text-align: right">Contd…P-4</p> </p><p> <p style="text-align: center"><p style="text-align: center">-4-</p> </p><p> State with a view to giving impetus to certain activity/activities deemed beneficial to the Public. A tax exemption cannot be perceived as an instance of funding by the State. In fact, acceptance of this submission would lead to patently absurd consequences. To illustrate, let us take the case of tax exemptions granted under Section 88of the Income Tax Act, 1961. Under Section 88 <em>ibid</em>, various kinds of investments/payments made by individuals have been exempted from the incidence of income tax. One such instance is the contributions/payments made by a person to a Public Provident Fund. All deposits made in a Public Provident Fund are exempt from Income Tax. Even the interest accruing on such deposits remains outside the pale of the tax liability. Accepting the submission made by the Complainant would mean that in relation to any individual investing in a Public Provident Fund, the expenditure incurred by him on his own living would be deemed to be provided by the State through tax funding. It is also seen that as per the scheme of the Income Tax Act, 1961, the subjects are taxed at different rates. For higher incomes, the rates of tax are higher and the lower incomes are taxed at comparatively lower rates. From this, one could say that there are concessional rates of tax provided for the lower income groups. Does it mean that the individuals paying income tax at lower rates or whose income are exempt from tax wholly or partly are being funded by the State indirectly? Obviously not. In view of this, the grant of income tax concessions have no bearing on the question whether the school in question has the status of a public authority. Insofar as provision of land at subsidized rates by PUDA to the school is concerned, it by itself will not be enough to determine whether the school concerned can be termed as a public authority. The question is whether the provision of land at subsidized rates tantamounts to substantial financial assistance by the Government to the school. It is true that the financial assistance would also include within its fold, the bringing into existence assets of enduring nature i.e. infrastructural facilities. However, mere provision of land at subsidized rates will not be enough to clothe the beneficiary with the status of a public authority. The matter is one of degree. If infrastructural facility is provided at a nominal price, it may amount to substantial financial assistance. </p><p> <p style="text-align: right"><p style="text-align: right">Contd…P-5</p> </p><p> <p style="text-align: center"><p style="text-align: center">-5-</p> </p><p> But some concession in the price of land allotted to an institution, keeping in view the beneficent purpose for which it has been established, is not the same thing as making available the infrastructure free of cost or at a nominal price. No material has been placed on the record by the Appellant to show that the confessional rate referred to by him are nominal rate. Nor has it been so alleged by the Appellant in his appeal.</p><p> </p><p> <strong>RE(iii)</strong></p><p> 8. As per my finding on question No. (ii), the school in question is a purely private body that can, by no stretch of imagination, be held to be a public authority under the RTI Act 2005. Now the question is whether the information relating to the school in question can be <strong>‘accessed under any law for the time being in force’</strong> by the Respondent i.e PIO O/o District Education Officer, (Secondary), Kapurthala. Section 2(f) of the RTI Act 2005 includes within the term ‘<strong>information</strong>,’ information relating to a private body which can be accessed by a public authority under any law. As already noticed in this judgment hereinearlier, there is no statutory enactment vesting the control of the school concerned in any Govt. authority. There are no executive instructions / orders issued under Article 162 of the Constitution of India providing for any governmental control over the private unaided schools in the State of Punjab. In the absence of any legal provision requiring / permitting a governmental authority to have access to information in the custody of a private body, no public authority can compel or require a private body to disclose information relating to it for being transmitted to the citizens. I answer question no. (iii) accordingly.</p><p> 9. In view of the foregoing, I hold that the Respondent is under no obligation to procure the information from the school concerned and thereafter provide it to the Appellant. Rather, the Respondent is legally incompetent to even ask the private school </p><p> <p style="text-align: right"><p style="text-align: right">Contd…P-6</p> </p><p> <p style="text-align: center"><p style="text-align: center">-6-</p> </p><p> <p style="text-align: center"><p style="text-align: center"> </p> </p><p> concerned to divulge the information for the said purpose. The instant appeal is, therefore, <strong>dismissed </strong> being without merit. Copies of the order be sent to the parties.</p><p> </p><p> </p><p> Sd/-</p><p> <p style="text-align: center"><p style="text-align: center"><strong> (Kulbir Singh)</strong></p> </p><p> <strong>Dated: 29th December, 2009 </strong>State Information Commissioner</p><p> </p><p> <strong>Though it was known to me that the Private Institutions don’t come under the purview of Right to Information Act, 2005. Even then I fight up to the State Information Commission. The benefit of the struggle is that:</strong></p><p> <strong>From this session the School has not made enhancement of fees which had become the trend by enhancing more than 100%. This year the enhancement is merely 10% of fees, annual charges. </strong></p><p> <strong>Secondly the school has instructed to the parents that they are free to purchase the books from the school and from the market. The books list with price has been provided to the parents before the commencement of the session. </strong></p><p> <strong>Thirdly the parents had been instructed in writing that the parents can purchase school dresses from the market. The school will not object if there is slight variation in the colour combination . </strong></p><p> <strong>Now I come to the point: </strong></p><p> <strong>The govt has declared that the above mentioned policy will be applicable and the private schools will also make admissions to the students in their schools. </strong></p><p> <strong>Kanwardeep ji, we shall seek information from the Govt. regarding action taken on the subject matter cited above. Kindly be the vigilant citizen you will certainly get results. </strong></p><p> </p><p> <strong>Rajneesh Madhok</strong></p></blockquote><p></p>
[QUOTE="rajneesh madhok, post: 123740, member: 10692"] Dear Kanwardeep ji, Now the point is what is our contribution to make the act successful. The question about the study of 10-11 years child has been considered. If child of 10-11 years start to go to school, there may be chances that he may learn something, that may be based lie etiquettes, discipline and other allied subjects those are again useful for child to make his career. I agree to your point that the financial position of many families are not good and they need children to work. But one thing which should be considered is that in those families the male members don’t do physical work, secondly if they do unskilled jobs then the whole days’ earnings are being spent on liquor. If the child goes to school and he gets the Mid-day meal in the school and after the school time he is helpful to his parents to earn their livelihood then also it is not a bad bargain. Suppose those children get certificates for the education that have got up to 8th Standard without having the practical knowledge of Standard 1 even. When he will apply for a job he will get the job according to his caliber. Now our contribution starts as under: [URL="http://www.infocommpunjab.com/htm/documents/2009/Orders%20dated%2029.12.09%20%2811.30%20AM%29%20Court2.doc"]http://www.infocommpunjab.com/htm/documents/2009/Orders%20dated%2029.12.09%20(11.30%20AM)%20Court2.doc[/URL] [CENTER][CENTER][B]STATE INFORMATION COMMISSION, PUNJAB[/B][/CENTER][/CENTER] [CENTER][CENTER][B]SCO No. 32-33-34, Sector -17-C, CHANDIGARH[/B][/CENTER][/CENTER] Sh. Rajneesh Madhok, B-XXX/63, Nehru Nagar, St No-2, Railway Road, Phagwara-144401. …………………………….Appellant [CENTER][CENTER]Vs.[/CENTER][/CENTER] (1) Public Information Officer O/o District Education Officer (S), Kapurthala. (2) Public Information Officer-First Appellate Authority, O/o Special Secy., Education, 3rd Floor, Mini Sectt., Pb, Chandigarh [RIGHT][RIGHT]………………………………..Respondent[/RIGHT][/RIGHT] [RIGHT][RIGHT] [/RIGHT][/RIGHT] [CENTER][CENTER][B] [/B][/CENTER][/CENTER] [CENTER][CENTER][B]AC No. 722 of 2009[/B][/CENTER][/CENTER] [B][U]Order[/U][/B] The judgment in this case was reserved on 10.12.2009. 2. The core question falling for decision in the instant matter is whether the PIO of the office of District Education Officer, Kapurthala can be directed under the RTI Act 2005 to cause the information, pertaining to the fee structure/ hike in a purely private school namely Swami Sant Dass Public School, Phagwara (hereinafter referred to as ‘the school’), provided to a person seeking it under said Act. 3. The information demanded from the Respondent is regarding the rules /instructions permitting an increase in the monthly fee by the school ; action taken against the increase in fee ; rules under which students can be forced to buy certain products e.g. school badge, uniform, books etc. from the school tuck shop; Govt. instructions regarding provision of facilities in the private schools etc. In the application seeking information, the Appellant has also referred to the definition of information as given in Section 2(f) of the Act, emphasizing that the [I]‘information relating to any private body which can be accessed by a public authority under any other law for the time being in force’ [/I]would also be information under the Act that can be demanded by a citizen. In answer to the [RIGHT][RIGHT]Contd…P-2[/RIGHT][/RIGHT] [CENTER][CENTER]-2-[/CENTER][/CENTER] demand, the Respondent intimated the Appellant vide his letter dated 13.08.09 that the information demanded pertains to purely private school in relation to which the office of the District Education Officer does not enter into any correspondence. It is also submitted that the Respondent’s office is not in possession of any record pertaining to the school nor is there any legal provision under which the office of the DEO can access the record of the private school in question. It is also submitted that there are no rules/regulations framed by the government in relation to the matters referred to by the Appellant. In this premise, it is argued that the application for the information made by the Appellant before the Respondent is not maintainable. In answer to the submission made by the Respondent, the Appellant places reliance on the decision of the Delhi High Court in the case of a private unaided school recognized under the Delhi School Education Act-1973. It is also submitted that the school in question is to be treated as a public authority inasmuch as it enjoys income tax concessions and has been provided with land at subsidized rates by PUDA. It is further submitted that DEO can ask for information from private schools as it is the controlling authority/competent authority in providing the recognition to them. It is lastly submitted that the department of Education has full control over the functioning of the private schools and has power to collect information from those schools. 4. On the basis of the rival submissions, the following three questions arise for determination:- (i) whether the decision by the High Court of Delhi in regard to a case of a private unaided school covers the case of the Appellant herein? (ii) whether the income tax concessions and provision of land at subsidized rates by PUDA confer a status of public authority on the school in question? (iii) whether the school in question is controlled by the office of the DEO/Government of Punjab and can access the information in relation to the school under the law as contemplated under Section 2(f). [RIGHT][RIGHT]Contd…P-3[/RIGHT][/RIGHT] [CENTER][CENTER]-3-[/CENTER][/CENTER] 5. I shall deal with these questions [I]ad seriatim [/I]:- [B]Re(i) [/B] 6. The reliance placed by the Appellant on the Delhi High Court is misplaced. The private unaided schools in the national capital territory of New Delhi are controlled by a statutory enactment i.e. Delhi School Education Act – 1973. Under the provisions of this statute, the authorities in the department of education, exercise considerable control over the fixation of fee structure in those schools. The education department , therefore, has access to information in relation to the private unaided schools in a host of matters pertaining [I]inter alia[/I] to fixation of fees etc. In the state of Punjab, however, there is no statutory enactment providing for the control of private unaided schools by the Government in the matter of fixation of fees etc. The Government also has not made any provision in that behalf in exercise of its executive powers under article 162 of the Constitution of India. The situation prevailing in the NCT of Delhi is , therefore, substantially different from that obtaining in the State of Punjab. I, therefore, am of the view that the decision of the Hon’ble Delhi High Court referred to by the Appellant is of no help to him. This point is decided against the Appellant. [B]Re (ii)[/B] 7. I have carefully considered the submission based on income tax concessions and provision of land at subsidized rates by PUDA. Exemptions, Rebates and Concessions under a tax legislation are granted as per the provisions of the Statute. These are provided pursuant to the fiscal policy of the State adopted with a view to achieving certain objectives. The incidence of tax is created by the Statute and it has no existence [I]de hors[/I] the Statute. The computation of the tax is undertaken as per the provisions of the tax legislation and the liability to pay tax is quantified accordingly. It is not that there is any primordially existing tax liability, which the tax legislation seeks to regulate or waive. The tax liability arises only because it is created by the Statute and its incidence and quantum is also determined by the Statute. The liability to pay tax is as per the operation and inter-play of the various provisions of the Statute. The liability arises as a result of the conjoint effect of all the provisions of the Act. The grant of Exemptions/Rebates/Concessions under a tax legislation is not a largesse doled out by the State to an individual or an institution. These are granted as a part of fiscal policy of the [RIGHT][RIGHT]Contd…P-4[/RIGHT][/RIGHT] [CENTER][CENTER]-4-[/CENTER][/CENTER] State with a view to giving impetus to certain activity/activities deemed beneficial to the Public. A tax exemption cannot be perceived as an instance of funding by the State. In fact, acceptance of this submission would lead to patently absurd consequences. To illustrate, let us take the case of tax exemptions granted under Section 88of the Income Tax Act, 1961. Under Section 88 [I]ibid[/I], various kinds of investments/payments made by individuals have been exempted from the incidence of income tax. One such instance is the contributions/payments made by a person to a Public Provident Fund. All deposits made in a Public Provident Fund are exempt from Income Tax. Even the interest accruing on such deposits remains outside the pale of the tax liability. Accepting the submission made by the Complainant would mean that in relation to any individual investing in a Public Provident Fund, the expenditure incurred by him on his own living would be deemed to be provided by the State through tax funding. It is also seen that as per the scheme of the Income Tax Act, 1961, the subjects are taxed at different rates. For higher incomes, the rates of tax are higher and the lower incomes are taxed at comparatively lower rates. From this, one could say that there are concessional rates of tax provided for the lower income groups. Does it mean that the individuals paying income tax at lower rates or whose income are exempt from tax wholly or partly are being funded by the State indirectly? Obviously not. In view of this, the grant of income tax concessions have no bearing on the question whether the school in question has the status of a public authority. Insofar as provision of land at subsidized rates by PUDA to the school is concerned, it by itself will not be enough to determine whether the school concerned can be termed as a public authority. The question is whether the provision of land at subsidized rates tantamounts to substantial financial assistance by the Government to the school. It is true that the financial assistance would also include within its fold, the bringing into existence assets of enduring nature i.e. infrastructural facilities. However, mere provision of land at subsidized rates will not be enough to clothe the beneficiary with the status of a public authority. The matter is one of degree. If infrastructural facility is provided at a nominal price, it may amount to substantial financial assistance. [RIGHT][RIGHT]Contd…P-5[/RIGHT][/RIGHT] [CENTER][CENTER]-5-[/CENTER][/CENTER] But some concession in the price of land allotted to an institution, keeping in view the beneficent purpose for which it has been established, is not the same thing as making available the infrastructure free of cost or at a nominal price. No material has been placed on the record by the Appellant to show that the confessional rate referred to by him are nominal rate. Nor has it been so alleged by the Appellant in his appeal. [B]RE(iii)[/B] 8. As per my finding on question No. (ii), the school in question is a purely private body that can, by no stretch of imagination, be held to be a public authority under the RTI Act 2005. Now the question is whether the information relating to the school in question can be [B]‘accessed under any law for the time being in force’[/B] by the Respondent i.e PIO O/o District Education Officer, (Secondary), Kapurthala. Section 2(f) of the RTI Act 2005 includes within the term ‘[B]information[/B],’ information relating to a private body which can be accessed by a public authority under any law. As already noticed in this judgment hereinearlier, there is no statutory enactment vesting the control of the school concerned in any Govt. authority. There are no executive instructions / orders issued under Article 162 of the Constitution of India providing for any governmental control over the private unaided schools in the State of Punjab. In the absence of any legal provision requiring / permitting a governmental authority to have access to information in the custody of a private body, no public authority can compel or require a private body to disclose information relating to it for being transmitted to the citizens. I answer question no. (iii) accordingly. 9. In view of the foregoing, I hold that the Respondent is under no obligation to procure the information from the school concerned and thereafter provide it to the Appellant. Rather, the Respondent is legally incompetent to even ask the private school [RIGHT][RIGHT]Contd…P-6[/RIGHT][/RIGHT] [CENTER][CENTER]-6-[/CENTER][/CENTER] [CENTER][CENTER] [/CENTER][/CENTER] concerned to divulge the information for the said purpose. The instant appeal is, therefore, [B]dismissed [/B] being without merit. Copies of the order be sent to the parties. Sd/- [CENTER][CENTER][B] (Kulbir Singh)[/B][/CENTER][/CENTER] [B]Dated: 29th December, 2009 [/B]State Information Commissioner [B]Though it was known to me that the Private Institutions don’t come under the purview of Right to Information Act, 2005. Even then I fight up to the State Information Commission. The benefit of the struggle is that:[/B] [B]From this session the School has not made enhancement of fees which had become the trend by enhancing more than 100%. This year the enhancement is merely 10% of fees, annual charges. [/B] [B]Secondly the school has instructed to the parents that they are free to purchase the books from the school and from the market. The books list with price has been provided to the parents before the commencement of the session. [/B] [B]Thirdly the parents had been instructed in writing that the parents can purchase school dresses from the market. The school will not object if there is slight variation in the colour combination . [/B] [B]Now I come to the point: [/B] [B]The govt has declared that the above mentioned policy will be applicable and the private schools will also make admissions to the students in their schools. [/B] [B]Kanwardeep ji, we shall seek information from the Govt. regarding action taken on the subject matter cited above. Kindly be the vigilant citizen you will certainly get results. [/B] [B] [/B] [B]Rajneesh Madhok[/B] [/QUOTE]
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