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.
On Oct 6, 9:38 am, Mohit Goel <mr_moh...@yahoo.com> wrote:
> Respected sirs
>
> I need your advise in one of the below cases which is being adjourned by IC
> asking for certain claissification
>
> I have filed an RTI against private school in delhi . The school has been helped
> by govt as follows
>
> 1. 1 acre land is being given at subsidised rate. 2 acre of land is given at
> Rs 10/acre rate for play ground etc
> 2. School has 2 govt nominee on the Management committee.
> 3. Delhi school Act provision give extraordinary powers to Deptt of education in
> controlling any recognised private school, to take over its management etc and
> thus Delhi govt exercise control on matter of private recognised school
>
> I filled my application to IC along with my written arugument on each point no
> 1,2,3 and quoted CIC/High court rullling on these 3 points.
> Further i have seperately submitted High court rullings on " Substantial "
> /section 2(h)( see attchment) as recently on 18th aug , Mr SG ruled in favor of
> a private school who was also given land at substantial rate
> saying substantial means of very great value and importance.
>
> On date of hearing of my case i was ask to specify the apprx amount of subsidy
> in terms of Rupees that govt has given in form of land.. means IC want me to
> specify value of subsidy on land at time of allocation of land and current
> market value.. i have quoted that 2 acre at Rs 10 itself is very big subsidy and
> requested to refer High court rullings on section 2(h0 where it is very clear
> that even iota of help from govt makes entity liable to public but my arguments
> were set aside and i have been ask to furnish detail of current land
> value.adjourning the matter
>
> now my concerns is that how can i calculate old and current land value and from
> where to get these figures.
> I am not sure why is it required by CIC to do so when act + High court rulling
> is very clear. even earlier IC's have declared schools as public authority on
> ground of subsidized land +govt controls without asking appellant to specify
> value of land etc.
>
> I request members to help by advising how to work out land value etc and to
> proceed on this matter.
>
> thanking you in advance
>
> regards
> Mohit
>
> 2ndset of argument_HC decision.doc
> 50KViewDownload
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