[RTI INDIA] Re: " section 2(h)" substantial , IC want it to be specified

Also read this DHC decision carefully
http://cic.gov.in/HC-Rulings/PoornaPublicSchool-Vs-CICandOrs.pdf

Sarbajit

On Oct 6, 10:19 am, sroy1947 <sroy1...@gmail.com> wrote:
> Dear Mohit
>
> IC Shailesh Gandhi in the Escorts Hospital Case (Rakesh Gupta), gave a
> decision
> so poorly reasoned that the DHC granted a stay immediately. I think he
> has learnt
> his lesson properly and will not stick his neck out further.
>
> The only questions you need to answer are as follows:-
>
> 1) Was the school established or constituted BY (not under) a
> notification
> or order of appropriate Govt? I'm certain the answer would be NO !!
>
> 2) If NO, then you must show that school is a "non-governmental
> organisation"
> substantially financed, owned or controlled by appropriate Govt. The
> evidences
> you are putting up "land at Rs 10", "2 govt nominees" etc do not fall
> under these
> provisos to 2.h.d. The first is a SUBSIDY (as distinguished from
> "finance").
> The second one is meaningless. because as per the DSEAR there is a
> separation
> between the Society and the school's management.
>
> 3) Your better option would be 2(f). Insist that the school is a
> private body, and that
> the Education Dept should lawfully access the info requested to
> provide to you If you
> persist with 2h (school = PA) then the school will get a stay
> promptly,
>
> Sarbajit.