Central Information Commission
Srivalli Jayanthi vs Central Board Of Secondary Education on 14 September, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/CBSED/A/2020/666587
Srivalli Jayanthi ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Central Board of Secondary
Education, RTI Cell, PS 1-2,
Institutional Area, I.P.
Extension, Patparganj,
New Delhi - 110092. .... ितवादीगण /Respondent
Date of Hearing : 13/09/2021
Date of Decision : 13/09/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 07/02/2020
CPIO replied on : 15/02/2020
First appeal filed on : 17/02/2020
First Appellate Authority order : 18/03/2020
2nd Appeal/Complaint dated : Not on record
Information sought:
1The Appellant filed an online RTI application dated 07.02.2020 seeking clarifications pertaining to the CTET-July 2020 notification dated January 24, 2020, referring to the eligibility clause 6.2 Graduation and passed or appearing in final year of 2-year Diploma in Elementary Education (by whatever name known). In this regard, she sought the following information;
"Clarify same can be referred to as Graduation with at least 50 % marks and Bachelor of Education (B.Ed.) online with the Gazette notification no:246 dated June 29, 2018 (F. No. NCTE-Regl 012/16/2018), where in the said notification states after the words and brackets Graduation and two year Diploma in Elementary Education (by whatever name known), the following shall be inserted, namely O R Graduation with at least 50 % marks and Bachelor of Education (B.Ed.)."
The CPIO replied to the appellant on 15.02.2020 stating as follows:-
"CBSE is an examination conducting body only, which conducts the CTET exam as per the guidelines laid down by the NCTE, Delhi. Such issues do not fall under the jurisdiction of CTET/CBSE being an examination conducting body only."
Being dissatisfied, the appellant filed a First Appeal dated 17.02.2020. FAA's order dated 18.03.2020 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appealon the ground of non-receipt of clarification from the CPIO.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio-conference.
Respondent: Mohd. Fida Hussain, Assistance Secretary & CPIO present through audio-conference.
The Appellant reiterated the contents of the instant Appeal as mentioned in the preceding paragraphs. The Commission apprised the Appellant that the clarification as sought by her in the instant RTI Application does not conform to Section 2(f) of RTI Act.2
The CPIO relied on his written submission dated 09.09.2021 and submitted that reply has already been given to the Appellant which was further affirmed by the FAA; and he further explained that such clarifications are already available in the 'information bulletin' 2021of CTET website.
Decision:
The Commission based upon a perusal of facts on record observes that the information sought for by the Appellant concededly does not conform to Section 2(f) of the RTI Act as she has sought clarifications from the CPIO; however the CPIO to assist the Appellant has invited his attention towards the information bulletin 2021 of CTET in keeping with the letter and spirit of RTI Act, merits of which cannot be called into question.
In this regard, the Appellant shall note that outstretching the interpretation of Section 2(f) of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to penal provisions under the RTI Act.
Her attention is also drawn towards a judgment of the Hon'ble Supreme Court on the scope and ambit of Section 2(f) of RTI Act in the matter of CBSE vs. Aditya Bandopadhyay & Ors. [CIVIL APPEAL NO.6454 of 2011]wherein it was held as under:
"35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing. This is clear from a combined reading of section 3 and the definitions of `information' and `right to information' under clauses (f) and (j) of section 2 of the Act. If a public authority has any information in the form of data or analysed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions in section 8 of the Act.
But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non- available information and then furnish it to an applicant. A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide `advice' or `opinion' to an applicant, nor required to obtain and 3 furnish any `opinion' or `advice' to an applicant. The reference to `opinion' or `advice' in the definition of `information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act." (Emphasis Supplied) Now, considering the prayer of the Appellant, the CPIO is directed to provide a complete copy of his written submission dated 09.09.2021 along with enclosures, free of cost to the Appellant through email as also through speed post. The said direction shall be complied by the CPIO within 7 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4