Rti activist contesting case.
Ranjeet Singh chauhan
(Querist) 21 June 2014
This query is : Resolved
Hi Team,
I can trust this forum only for genuine and trustworthy suggestion. I do have lot of lawyer friend. They are good but can not reply to my this query with supporting legal references.
I am an RTI activist but not the lawyer. I filed more than 50+ RTI and attended more than 10 hearing with SIC, Haryana.After my serious of RTI application on Right to Education, I realized that we can get facts from RTI.RTI replies confirmed the law were not followed by concerned school. Same was followed up with DC and District Education officer and Directorate of School Education as well. However no one is ready to intervene.RTI finding are not taken seriously by Govt. departments unless receiving summon from court. Now, I am well aware of facts and want to contest in High Court. This can not be PIL as its related to one particular school.
My lawyer friend is ready to file his WAKALAT NAAMA in the case. But can not contest the case due to lack of subject matter deep understanding. Is it possible if I can contest the case on his wakalatnama being him present in all the hearing.
If same is possible then do provide me the reference of law and act that support the same.
Advocate M.Bhadra
(Expert) 21 June 2014
You may challenge the order of State Information Commission in the High Court by filing a Petition Writ under Article 226 of the Constitution.
Ranjeet Singh chauhan
(Querist) 21 June 2014
Thanks for your suggestion Mr. Badra. SIC provided me the information. I have the information handy that confirms that certain rules were not followed by DEO,DC and Directorate of School Education for Right to Information. I want to make Directorate of School Education act on RTE violation done by this school. Directorate of School Education was informed about the misconduct and they are still sleeping.
That is the reason I seek LCI group help to contest this case High Court. Is it possible if I can contest (debate) the case on his wakalatnama being him present in all the hearing.
Ranjeet Singh chauhan
(Querist) 21 June 2014
Thanks for your suggestion Mr. Badra. SIC provided me the information. I have the information handy that confirms that certain rules were not followed by DEO,DC and Directorate of School Education for Right to Information. I want to make Directorate of School Education act on RTE violation done by this school. Directorate of School Education was informed about the misconduct and they are still sleeping.
That is the reason I seek LCI group help to contest this case High Court. Is it possible if I can contest (debate) the case on his wakalatnama being him present in all the hearing.
vswaminathan
(Expert) 23 June 2014
Ref. the querist's one of the observations that "This can not be PIL as its related to one particular school.", in one's own perspective, guided by independent line of thinking, deserves a serious look through.
It might be worthwhile for eminent law experts, with good field experience, to explore and ascertain whether there is, at all, no scope for a different but incisive better view.
Own random thoughts,being intended to be commonly shared, have just been put up in a personal blog @swamilook.
vswaminathan
(Expert) 23 June 2014
Link is THIS>
http://vswaminathan-swamilook.blogspot.in/2014/06/pil-and-constitutioinal-x-statutory.html
vswaminathan
(Expert) 23 June 2014
Link AGAIN copied below:
http://vswaminathan-swamilook.blogspot.in/2014/06/pil-and-constitutioinal-x-statutory.html
malipeddi jaggarao
(Expert) 23 June 2014
You can only assist your lawyer friend, but you will not allowed to present case jointly along with him. Alternately you can appear as "Party in person" without giving Vakalatnama to any advocate. In such case you have present the case solely which is risky.
We from LCI also I am afraid, many of us, can not support you on day to day basis. We can assist you in giving broad outlines as regards legal position.
Ranjeet Singh chauhan
(Querist) 23 June 2014
I am rally thankful to Mr. VS Swaminathan and Mr. M Jaggarao for their invaluable suggstion.
ROHIT SHARMA
(Expert) 24 June 2014
Dear Mr, Ranjit Singh,
1. You say that a P.I.L. in this context will not be entertained since the matter pertains to one school only.
2. In that event have the parent for whom such R.T.I. information gathered by you is beneficial and that whose ward has had suffered on account of such some regulations not followed by certain particular school and information of such discrepancy gathered by you through filing R.T.I. and are observed by you in the matter especially connected with the matter of scope and application of the provision of R.T.E. Act, 2013 - and have such a parent file a writ petition u/s 226 of the C.O.I. and you can take his P.O.A.determining you to be his legal representative and in that case you can appear as his legal representative in person or through an advocate.
3. I do appreciate your endeavors as being an R.T.I. activist concerned with social justice.
4. If need be contact this layer for further private legal consultation.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
After having given vakalatnama to a lawyer, one cannot step into the lawyer's shoes to contest/conduct/prosecute the case on behalf of the said lawyer. It is legal infirmity. alternately, you may try the option suggested by learned advocate Mr. Rohit Sharma.
