Created by legislation,SGPC covered under RTI Act: CIC

R I Singh today took up three cases— of Kulvir Kaur of Muktsar,Harbir Singh of Patiala and Dr Gurbachan Singh Sohi of Sangrur— together,as the point of law involved was the same. Applicant Harbir Singh,a retired principal,had sought information pertaining to the proceedings of the committee constituted for selection to the post of Director (Education),SGPC,Kaur had asked for details of criteria for selection of candidates for the post of computer science teacher and Dr Sohi wanted information about interviews conducted for the post of Director (Education). In all the three cases,the PIO,denied information relying on the AWWA case.

The complainants stated that the SGPC does not find mention in the second schedule of the Act,which mentions the organisations exempted from the provision of RTI Act. The plea of the respondent,on the other hand,was that the SGPC was not owned,controlled or financed by the government,and its position was similar to Army Wives’ Welfare Association. Not agreeing with the arguments of the respondents,the CIC said,“The SGPC is a creation of The Sikh Gurdwaras Act,1925. The legislation passed by the then Punjab legislative council marked the culmination of the struggle of the Sikhs to wrest control of their places of worship from mahants or priests. The objective of the legislation was to provide better administration of gurdwaras. The Act provides for an elected democratic regime to manage the affairs of gurdwaras. Transparency and openness are,therefore,in consonance with the democratic character of the SGPC.” He said under the RTI Act,public authority means a body or institution established by law made by Parliament or state legislature.

Therefore,the plea that the SGPC was not funded by the state was immaterial. Saying that these cases could not be compared with those of AWWA,the CIC said,“The Army Wives’ Welfare Association,as the name itself suggests,is a non-statutory body. Therefore,respondents cannot fall back on it for seeking exemption from the RTI Act.” He said in the past too,SGPC authorities have been giving information,and it appears that it was the Directorate of Education,SGPC,which had brought about the change. Besides,the information being sought in these three cases does not pertain to any religious affair,he added,while directing that the information be given within 15 days.