HC stays State Information Commission order on appointing PIOs in institutions covered under RTE

The Allahabad High Court has stayed an order of the State Information Commission (SIC) which had directed the UP chief secretary to appoint public information officer (PIO) in the City Montessori School as well as such other institutions that are covered under the Right to Education Act.

A division bench of justices Rajan Roy and Suresh Kumar Gupta in Lucknow passed the order on a writ petition filed by the City Montessori School (CMS) through its founder manager Jagdish Gandhi challenging the SIC order.

In its order, the bench termed the SIC's order as ''bad'' and said that it acted beyond its authority in the exercise of powers.

However, it said, ''This order will not absolve CMS of its obligation, if any, under the Right to Education Act, 2009 nor does it absolve it from providing requisite information in this regard to any officer of the State/Public Authority which it is otherwise obliged to provide the same, in law.'' The SIC, while hearing a complaint moved by one Sanjay Sharma before it, directed the chief secretary to appoint a PIO in each institution, including CMS, which are covered under the Right to Education Act, 2009.

Filing the petition before the high court, the CMS pleaded that the SIC's order was beyond its jurisdiction.

It also contended that CMS ''does not fall within the definition of public authority and no such direction could be issued to the state's chief secretary for appointing the PIO in its institutions apart from other private institutions as has been ordered.'' The bench, however, clarified that the complaint of the respondent Sanjay Sharma would ''still be alive'' and it will be open for the SIC to proceed on it in accordance with the law.