Central Information Commission
M Maria Louis Peggy Gomez vs University Grants Commission on 24 August, 2017
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Appeal No. CIC/SA/A/2016/001950/MP
Appellant : Shri M. Maria Louis Peggy Gomez, Dindigul
Public Authority : UGC, New Delhi
Date of Hearing : August 11, 2017
Date of Decision : August 24, 2017
Present:
Appellant : Shri L. Leenus, on behalf of the appellant -
through VC
Respondent : Shri Mahesh Kumar, Sr. Statistical Officer, Smt.
Asha Sharma, Assistant - at CIC
RTI application : 13.04.2016
CPIO's reply : 27.04.2016
First appeal : 28.04.2016
FAA's Order : 05.05.2016
Second appeal : 11.07.2016
ORDER
1. Shri M. Maria Louis Peggy Gomez, the appellant, sought to know as to whether or not a student who was pursuing LL.M. 1st year (2 year program) in May, 2016, was eligible to appear for NET exam to be conducted in June, 2016; if the student was not eligible, whether or not he could still appear for NET in June 2016 for practice purposes; whether or not a student pursuing LL.M. 2nd year in December 2016, was eligible to appear for NET to be conducted in December 2016 and in case he cleared the exam whether or not he would be considered to have successfully qualified NET before he complete his LL.M. degree; etc., through six points.
2. The Central Public Information Officer (CPIO) informed the appellant that the students who had appeared in their examination for 1st year of their Master's degree by the end of June, 2016 and those who had appeared for 2nd year of their Master's degree by December, 2016, were eligible to sit in UGC-NET, irrespective of the date of declaration of their result for the year concerned, though, such a candidate must complete his PG degree within two years from the date of NET result with required percentage of marks. The appellant, being dissatisfied with the CPIO's response, approached the First Appellate Authority (FAA) with a request to direct the CPIO to provide a point wise clear response as his doubts were not clarified. The FAA, while upholding the decision of the CPIO, informed the appellant that the CPIO was not supposed to give his opinions or interpret information for the appellant, under the RTI Act, 2005. Aggrieved with the FAA's response, the appellant came in appeal before the Commission reiterating his request and to impose penalty upon the CPIO u/s 20(1) of the Act for not furnishing correct information to the appellant.
3. The matter was heard by the Commission. The appellant's representative submitted that the CPIO did not give a clear point wise response to the appellant based on semester wise (LL.M.) eligibility criteria for appearing in UGC-NET but, instead the CPIO gave a consolidated reply which did not address the appellant's query completely. He further submitted that when the appellant attempted to login into the website for application in 2016, her application was denied based on the existing eligibility criteria set by UGC while the CPIO's reply was contrary to the existing norms and guidelines.
4. The respondent stated that as per Rule 3(ii) under 'Conditions of Eligibility' as per the latest notification of UGC-NET 2017, for eligibility for Assistant Professor and/or Junior Research Fellowship, the candidates who had appeared or will be appearing at the qualifying Master's degree (final year) examination and whose result was still awaited or the candidates whose qualifying examination had been delayed, could have applied for the test. However, after the Calcutta High Court's judgment dated 1.9.2016 in the case of Shri Nityananda Manna vs. Union of India & Ors [W.P. No. 7301 (W) of 2016], the existing rules relating to the eligibility criteria to appear for UGC-NET examination had been relaxed by UGC for the candidates who were presently pursuing their LL.M. course and now a candidate appearing for his 1st year LL.M. examination by the end of June, 2016 was also eligible to appear for NET. The respondents further submitted that the High Court, though, did not direct UGC in its order to modify the existing eligibility conditions for UGC-NET and it was only an interpretation of the existing eligibility criteria. Therefore, no formal instructions, in pursuance of the High Court's order, had been issued by UGC. The appellant, however, had been given the information as per the latest position regarding the eligibility criteria for UGC-NET by the CPIO and no semester wise rules/notification was available with UGC NET Bureau.
5. On hearing both the parties and perusing the available records, the Commission observes that the CPIO though has appropriately responded and provided the information as per the latest position vis-à-vis minimum eligibility criteria to be able to appear for UGC-NET for the students pursuing 2 year LL.M. course yet, the Commission does not find any satisfactory reason on the part of the respondent authority for not having issued any formal notification/instructions regarding relaxation in the eligibility criteria for the candidates pursuing their Master's degree. The Commission, therefore, recommends to UGC to formally issue instructions at the earliest and place those on their website as the CPIO's response was based on the Calcutta High Court's order dated 1.9.2016 and was at variance with UGC's present notification on UGC-NET so that it can come to the notice of all students appearing for the exam and enable them to take benefit of the relaxation. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy Registrar Copy to:
The Central Public Information Officer The First Appellate Authority University Grants Commission, University Grants Commission, Under Secretary (NET), UGC (NET), UGC (NET), Room No. 106 South Campus, Room No. 106 South Campus, Benito Jurez Marg, Benito Jurez Marg, New Delhi - 110 002 New Delhi - 110 002 Shri M. Maria Louis Peggy Gomez, R/o 120/C-48, 4th Cross Street, M.V.M. Nagar, Karur Road, Dindigul, Tamil Nadu - 624 001