Deliver records to kid's dad: HC overrules that RTI doesn't cover pvt schools in case
Raipur: Overruling the argument that private schools do not come under the ambit of the RTI act, the Chhattisgarh High Court directed a Ambikapur school to provide copies of a
student's transfer certificate
and admission form to the child's biological father within 15 days.
Justice Amitendra Kishore Prasad issued the order after the father, Rahul Gupta, moved court citing denial of information by the school despite multiple applications and complaints.
The school's counsel had also argued in court that the application was denied due to a dispute between the child's mother and father.
The court held that the petitioner, as the biological father, had the right to access his child's educational records and directed the Holy Cross Convent Senior Secondary School, Ambikapur, to deliver the documents to his provided address, email, and mobile number, overruling the school's objection that private schools are not covered under the RTI Act.
The order of the Single Bench of Justice Amitendra Kishore Prasad came in response to a petition filed by the father, Rahul Gupta, who sought copies of his son's Dakhil-Kharij (transfer certificate) and admission form. The petitioner stated that he applied to the CBSE-affiliated school on April 27, 2024, for the documents but received no response. Subsequently, he filed an application under Section 6(1) of the Right to Information (RTI) Act, 2005, with the district education office, Surguja, on April 29, 2024. However, this request was denied on the grounds that private schools are not covered under the RTI Act.
Aggrieved by this, the petitioner filed a first appeal to the district education officer (DEO) and first appellate authority, citing a previous letter from the office and decisions of the Central Information Commission indicating that private schools are indeed covered under Sections 2(g) and 2(h) of the RTI Act. The first appellate authority upheld the denial.
The petitioner then filed complaints with the district collector of Surguja, the chief minister, the secretary of school education, and the district collector. The DEO, acting on the chief minister's office's response, directed the petitioner to communicate with the school. On Oct 25, 2024, the petitioner reapplied to Holy Cross Convent Senior Secondary School, with an intimation to the DEO, but the school again denied the request on Oct 29, 2024.
However, the high court, considering the petitioner's right to information as the biological father, directed the school to provide the requested information within 15 days of receiving a certified copy of the order. The court also instructed the school to provide the information to the petitioner's address, email, and mobile number as listed in the petition.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
42 minutes ago
- Time of India
State Information Commission recommends cyberfraud cases to be brought under RTI purview
Ahmedabad: The State Information Commission has recommended to the state home department that cyberfraud cases be brought under the purview of the Right to Information Act. It suggests supplying details about cyber offences and investigations to complainants by making amendments in the notification. Tired of too many ads? go ad free now At present, the cybercrime cell refuses to share details about investigations and progress made in cyberfraud cases, citing that the cell functions under CID (Crime), which is exempted from the obligation of furnishing information under the provisions of Section 24 of the Act. Information Commissioner Nikhil Bhatt has suggested the state govt withdraw the investigation of cyberfraud cases from the exemption granted to CID (Crime) by making amendments in its gazette notification of Oct 25, 2005, under the provisions of Section 25(3)(j) of the Act. The commission further stated that the govt has granted exemption to the local crime branch and crime branch in rural and urban areas from RTI obligations. It has recommended the withdrawal of this exemption in connection with these agencies as well, as far as cybercrime complaints are concerned. It has sought a periodic report of progress in this direction if the home department agrees to do it. "If the amended notification is issued by the state govt as recommended by the commission, a copy of it shall be sent to the commission," the order reads. The commission's recommendation came after one Rakesh Prajapati, a complainant in a cyberfraud case, sought details under RTI provisions regarding progress in the investigation of his case. However, he was denied the information by the authorities on the grounds that the cybercrime cell functions under CID (Crime), which is exempted from RTI obligations. The commission said that innocent citizens lose their hard-earned savings in cyberfraud, and they file complaints with the Cybercrime Cell. Tired of too many ads? go ad free now They are eager to know when they will get their money back and what action has been taken on their complaints. Upon denial of such information, they feel dejected. "This commission firmly believes that information related to cyber offences registered with the Cybercrime Cell, which functions under CID (Crime) at present, should be shared with the victims of cyberfraud. " The commission further said that CID (Crime) probes sensitive cases and hence is exempted from RTI purview. However, cyberfrauds are less serious in nature and it is not a "core activity" of CID (Crime). Moreover, the Cybercrime Cell was not in existence when CID (Crime) was exempted from RTI obligations. "The commission does not agree with the decision of not sharing information related to cyberfrauds under the guise of secrecy or by taking the shield of exemption granted under Section 24 of the RTI Act," it said.
New Indian Express
12 hours ago
- New Indian Express
Gujarat Information Commission demands end to CID's RTI exemption in cyber fraud cases
AHMEDABAD: In a game-changing decision, the Gujarat State Information Commission has slammed the Criminal Investigation Department (CID) (Crime) for hiding behind a 19-year-old RTI exemption to deny critical information to cyber fraud victims. The Commission has now recommended the state government revoke the special immunity granted to CID Crime regarding cyber fraud cases—delivering a major win for transparency and the rights of hundreds of duped citizens. The exemption, in effect since October 25, 2005, under a Home Department notification, placed CID Crime beyond the purview of the Right to Information Act for crime-related investigations. However, the recent judgment has pierced this shield in the context of cybercrime, which the Commission argued is no longer a conventional 'sensitive crime' but a rapidly escalating public menace impacting citizens daily. The ruling stemmed from a plea by Rakesh Kumar Prajapati, a Gandhinagar resident who lost Rs 4.5 lakh to cyber fraud. After filing a complaint with the Cyber Crime Cell, Prajapati sought the FIR copy and related documents under the RTI Act. CID Crime rejected his request, citing the 2005 exemption. Unwilling to accept silence in the face of theft, Prajapati took the matter to the State Information Commission.
&w=3840&q=100)
Business Standard
13 hours ago
- Business Standard
Tesla tanks $380 bn after Musk calls Trump's bill 'disgusting abomination'
What began as a high-powered bromance between two of the world's most polarising men—Donald Trump and Elon Musk—has now exploded into an all-out, ego-fuelled political and financial war. The result? A jaw-dropping $380 billion gone from Tesla's market cap. The drama unfolded after Musk publicly shredded Trump's new tax-and-spending bill on X, calling it a 'disgusting abomination.' Trump, never one to stay silent, fired back with a threat: he'd pull federal contracts from Tesla and SpaceX—Musk's prized ventures. The market didn't wait to pick a side. Tesla shares tanked 14 per cent in a single day, erasing $150 billion in value—the worst one-day loss in the company's history. Add to that a 30 per cent plunge this year alone, and Tesla now holds the unenviable title of 2025's worst-performing large-cap stock. Billionaire bromance gone bust Just months ago, Musk was seen as a key behind-the-scenes supporter of Trump's return bid. Now, the bromance has turned to bad blood. Tesla, once the world's eighth most valuable company, has slipped to tenth, clocking in at $917 billion. For context, that's more than ₹31 trillion down the drain. It couldn't have come at a worse time. Tesla is already under pressure—from slowing EV demand and global regulatory heat, to questions over Musk's links with far-right groups. Meanwhile, other Musk-affiliated companies are also feeling the aftershocks. SpaceX investor Destiny Tech100 plunged 13 per cent. And according to Ortex, short sellers raked in nearly $4 billion on Thursday alone—the second-biggest one-day haul ever. 'You mean the man who has lost his mind?' Behind closed doors, the White House reportedly tried to broker a truce with a call between Trump and Musk. That ship seems to have sailed. When asked about the possibility, Trump said: 'You mean the man who has lost his mind?' He added he wasn't 'particularly' interested in speaking to Musk. But Trump didn't stop there. In a Truth Social post, he wrote: 'The easiest way to save money in our Budget, Billions and Billions of Dollars, is to terminate Elon's Governmental Subsidies and Contracts. I was always surprised that Biden didn't do it!' According to him, Musk's outrage stems from the proposed rollback of the EV mandate. 'Elon was 'wearing thin,' I asked him to leave. I took away his EV Mandate… and he just went CRAZY!' Musk, never one to hold back, retaliated with a scorcher. He accused Trump of ungratefulness after his $300 million campaign donation, credited himself for Trump's 2024 win, and dragged Epstein into the mix. His closing mic-drop on X: 'Have a nice day, DJT!' Tesla's political nightmare As the war of words escalates, the fallout is no longer just personal—it's political. Musk recently quit his advisory role in the Trump camp, reportedly under shareholder pressure. But his abrupt exit has triggered political tremors across Tesla's empire. With Tesla, SpaceX, and Starlink reliant on federal contracts and regulatory goodwill, a souring relationship with Washington could prove costly. Meanwhile, Apple isn't immune to the political storm either. Its market cap has slipped 20 per cent this year to $2.99 trillion, pushing it to the third place globally. Trade tensions, AI rivals, and China's slowdown are all to blame. 'Junior high school fight' So where does this all go from here? Dan Ives of Wedbush summed it up, saying, 'It's a junior high school fight where these best friends are now becoming frenemies.' 'It's a Twilight Zone situation for all investors... The last thing they want is for Trump to go from being Musk's biggest cheerleader to his biggest threat," he was quoted as saying by Bloomberg. And that's not just rhetoric. If Trump's tax bill passes and EV credits disappear earlier than expected, JPMorgan estimates Tesla could lose $1.2 billion in profits. For an automaker already under pressure, that's no small blow. Paul Stanley of Granite Bay Wealth Management didn't sugar-coat it either: 'Given the inherent powers of the office of the presidency, I don't see how this could be anything but negative for Tesla and Musk.' Robotaxis to the rescue? In the midst of all this chaos, Tesla is gearing up for a bold pivot. On June 12, it will finally unveil its long-anticipated robotaxi service in Austin, Texas. Is this Musk's comeback moment? Dan Ives thinks so—'The robotaxi launch marks the start of Tesla's next growth chapter.' Still, he cautions it's a bumpy road ahead. 'This is definitely a little white-knuckle period for Tesla investors.'
