UP: Allahabad HC stays SIC order on appointment of PIOs in institutes covered under RTE Act

The schools which are part of the petitionerassociation do not fall within the definition of public authority and no such direction can be issued to the states chief secretary for appointing PIOs in private institutions as has been ordered, it averred.Passing the interim order in favour of the petitioner, the bench, however, clarified that the complaint of respondent Sanjay Sharma would still be alive and open for the SIC to proceed on it in accordance with law.

The Lucknow bench of Allahabad High Court on Monday stayed an order of the State Information Commission (SIC) directing the chief secretary to ensure the appointment of Public Information Officers (PIO) in all schools and institutions covered under the Right to Education Act in Uttar Pradesh.

A division bench of Justice Rakesh Srivastava and Justice Shamim Ahmad passed the order on a writ petition filed by the Association of Private Schools of Uttar Pradesh.

Reiterating its earlier order, the bench termed the SIC's order ''bad'' and said it acted beyond its authority in exercise of powers under original jurisdiction. ''This order will not absolve the educational institutions of their obligation, if any, under the RTE Act, 2009, nor does it absolve them from providing requisite information in this regard to any officer of the state/public authority which it is otherwise obliged to provide,'' it said.

The petitioner had challenged an order passed by the SIC which, while hearing a complaint moved by RTI activist Sanjay Sharma, directed the chief secretary to ensure the appointment of a PIO in each institution covered under the RTE Act. Filing the plea before the HC, the petitioner contended that the SIC's order was beyond its jurisdiction. ''The schools which are part of the petitioner/association do not fall within the definition of public authority and no such direction can be issued to the state's chief secretary for appointing PIOs in private institutions as has been ordered,'' it averred.

Passing the interim order in favour of the petitioner, the bench, however, clarified that the complaint of respondent Sanjay Sharma would still be alive and open for the SIC to proceed on it in accordance with law. The bench also issued a notice to the complainant.

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