Central Information Commission
M R Nimbalkar vs University Grants Commission on 13 December, 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 Nos.: (As per Annexure)
M R Nimbalkar .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
University Grants Commission,
RTI Cell, 35 Feroze Shah Road,
New Delhi - 110001. .... ितवादीगण /Respondent
Date of Hearing : 09/12/2021
Date of Decision : 09/12/2021
INFORMATION COMMISSIONER : Saroj Punhani
S.No File RTI CPIO First FAA Order Second
No. Application replied onAppeal dated Appeal
filed on filed on filed on
1. 694558 29.07.2020 Not on 31.08.2020 Not on 17.11.2020
record record
2. 113157 31.10.2019 10.02.2020 03.12.2019 14.02.2020 10.03.2020
3. 119531 31.10.2019 17.02.2020 21.02.2020 Not on 08.04.2020
record
4. 113156 25.11.2019 07.12.2019 14.01.2020 24.01.2020 10.03.2020
5. 113163 10.12.2019 21.12.2019 14.01.2020 20.01.2020 11.03.2020
1
6. 113153 20.11.2019 Not on 23.12.2019 Not on 24.02.2020
record record
7. 113152 20.11.2019 Not on 23.12.2019 Not on 24.02.2020
record record
8. 113150 02.11.2019 Not on 21.12.2019 Not on 14.02.2020
+ record record
113151
9. 113148 14.11.2019 Not on 23.12.2019 Not on 24.02.2020
+ record record
113149
10. 113218 20.11.2019 Not on 23.12.2019 Not on 24.02.2020
record record
11. 113228 07.12.2019 21.12.2019 14.01.2020 20.01.2020 11.03.2020
12. 113227 08.12.2019 21.12.2019 14.01.2019 20.01.2020 11.03.2020
13. 113226 08.12.2019 10.02.2020 14.01.2020 14.02.2020 11.03.2020
14. 113225 08.12.2019 21.12.2019 14.01.2020 20.01.2020 11.03.2020
15. 113204 31.10.2019 10.02.2019 03.12.2019 14.02.2020 22.02.2020
16. 106533 24.11.2019 Not on 12.12.2019 19.12.2019 30.01.2020
record
17. 106549 20.11.2019 19.12.2019 23.12.2019 01.01.2020 01.02.2020
18. 106178 31.10.2019 Not on Nil Not on 17.01.2020
record record
19. 106181 31.10.2019 Not on Nil Not on 17.01.2020
record record
CIC/UGCOM/A/2020/694558
Information sought:
The Appellant filed an online RTI application dated 29.07.2020 seeking information as under:2
1) Copy of Letter No.DEC/GEN/303-6886 dated 02/09/2011 written by Distance Education Council to the District Collector of Shivpuri District , Madhya Pradesh with respect to Dr. CV Raman University, Raipur
2) Copy of Letter No. 829/...2011,dated 29/08/2011 written by District Collector of Shivpuri District, Madhya Pradesh to Distance Education Council with respect to Dr. CV Raman University, Raipur Having not received any response from the CPIO, the appellant filed a First Appeal dated 31.08.2020. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non-receipt of information, appellant approached the Commission with the instant Second Appeal.
CIC/UGCOM/A/2020/113157 Information sought:
The Appellant filed an online RTI application dated 31.10.2019 seeking the following information;
1) Approval Letter issued to All India Society of Electronics and Computer Technology, Bhopal for establishment of Dr. CV. Raman Institute of Science, Technology, Commerce, & Management, Raipur, Chhattisgarh.
2) Approval letter issued to Dr. C.V. Raman Institute of Science, Technology, Commerce, & Management, Raipur, Chhattisgarh to run MBA programme through distance mode.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 03.12.2019.
The CPIO replied to the appellant on 10.02.2020 stating as follows:-
"Recognition/approval status of Higher Educational Institutions (HEls) approved by DEB, UGC/DEC, IGNOU for offering ODL/Online programs may be accessed at www.ugc.ac.in/deb. Further, in this regard, kindly go through the various circulars/public notices/notifications available at UGC/DEB website (www.ugc.ac.in/deb) ."3
In regard to his first appeal, FAA's order dated 14.02.2020 upheld the reply of the CPIO.
CIC/UGCOM/A/2020/119531 Information sought:
The Appellant filed an online RTI application dated 31.10.2019 seeking information as under;
1) Approval Letter issued to All India Society of Electronics and Computer Technology, Bhopal for establishment of Dr. C V Raman University in Raipur, Chhattisgarh.
2) Approval letter issued to Guru Ghasidas University, Bilaspur to offer MBA through Distance Mode.
The CPIO replied to the appellant on 17.02.2020 stating as follows:-
"The year-wise recognition status of Higher Education Institutes (HEIs) approved by Distance Education Bureau/ Distance Education Council to offer education through distance mode alongwith the approved programmes Is already in public domain and may be accessed at UGC website www.ugc.acin/deb."
Being dissatisfied, the appellant filed a First Appeal dated 21.02.2020. FAA's order, if any, is not available on record.
CIC/UGCOM/A/2020/113156 Information sought:
The Appellant filed an online RTI application dated 25.11.2019 seeking information as under;
1) List of colleges/universities/institutes offering Master of Engineering (ME) in Information Science and Engineering from 1986-87 to 1990-91 in the state of Uttar Pradesh
2) Equivalence master degree courses for appointment as faculty members in the Department of computer Science in UGC recognized university 4
3)Notification relating to Equivalence master degree courses for appointment as faculty members in the Department of computer Science in UGC recognized state university from 2005 to 2011 The CPIO furnished reply to the appellant on 07.12.2019 stating as follows:-
1. "Pay Scale Bureau, UGC has no information in the matter.
2. However, relevancy of subject and inter-disciplinary nature of subject is required to be decided by the appointing authority concerned with the help of subject experts in the concerned/related held."
Being dissatisfied, the appellant filed a First Appeal dated 14.01.2020. FAA's order dated 24.01.2020 stated as follows:-
"Equivalence of the degrees is not decided by UGC. In this regard a UGC Public Notice 9-3/2016(CPP-11) dated 19th July, 2016 is available on UGC website."
CIC/UGCOM/A/2020/113163 Information sought:
The Appellant filed an online RTI application dated 10.12.2019 seeking the following information;
1) Document relating to eligible of candidate holding ME degree in Information Science and Engineering for admission to PhD programme in Computer Science Dept of UGC recognized University during the period 2002 to 2006.
1) List of relevant and inter-disciplinary subjects which are considered for appointment as professor of Computer Science in UGC recognized university during the period from 2010 to 2012.
2) List of relevant and inter-disciplinary subjects which are considered for appointment as professor of MBA in UGC recognized university during the period from 2010 to 2012.
The CPIO replied to the appellant on 21.12.2019 stating as follows:-
5"Please refer Clause 1.1 and 4.1 of UGC Regulation, 2018. However, relevancy of subject and inter-disciplinary nature of subject is required to be decided by the appointing authority concerned with the help of subject experts in the concerned/related field."
Being dissatisfied, the appellant filed a First Appeal dated 14.01.2020. FAA's order dated 20.01.2020 stated as follows:-
"Please refer o UGC regulation on Minimum Qualification for Appointment of Teachers & Other Academic Staff in University and Colleges and Measures for the Maintenance of Standards in Higher Education, 2000 and Clause 1.1.0 and 4.4.1 of UGC Regulation on Minimum Qualifications for Appointment of Teachers & Other Academic Staff in University and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010 which is self- explanatory available on UGC website wvirw.ugc_ac.in. Besides relevance of subject or interdisciplinary nature of subject is required to be decided by the appointing authority concerned with the help of subject expert in concerned /related field."
CIC/UGCOM/A/2020/113153 Information sought:
The Appellant filed an online RTI application dated 20.11.2019 seeking the following information;
1) Approval letter issued to Dr. C V Raman Institute of Science, Technology, Commerce & Management, Bilaspur to start /nut MBA distance course from 2005 to 2008
2)Approval letter issued to Dr. C V Raman Institute of Science, Technology, Commerce & Management, Raipur to start /run MBA distance course from 2005 to 2008 Having not received any response from the CPIO, the appellant filed a First Appeal dated 23.12.2019. FAA's order, if any, is not available on record.6
CIC/UGCOM/A/2020/113152 Information sought:
The Appellant filed an online RTI application dated 20.11.2019 seeking the following information;
1) Approval letter issued to Dr. C V Raman University, Bilaspur to start /run MBA distance course from 2005 to 2008.
2) Approval letter issued to Dr. CV Raman University, Raipur to start /run MBA distance course from 2005 to 2008.
3) Approval letter issued to Dr. C V Raman Institute of Science & Technology, Bilaspur to start /run MBA distance course from 2005 to 2008.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 23.12.2019. FAA's order, if any, is not available on record.
CIC/UGCOM/A/2020/113150 & CIC/UGCOM/A/2020/113151 Information sought:
The Appellant filed an RTI application dated 02.11.2019 seeking information as follows;
i) Approval letter issued to Dr. C.V. Raman Institute of Science, Technology, Commerce, & Management, Bilsapur, Chhattisgarh to offer MBA through Distance Mode for the academic year 2003-2004 to 2005-06.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 21.12.2019. FAA's order, if any, is not available on record.
CIC/UGCOM/A/2020/113148 & CIC/UGCOM/A/2020/113149 Information sought:
The Appellant filed an RTI application dated 14.11.2019 seeking the following information;7
i) List of approved distance educational institutions located in Chhattisgarh and Madhya Pradesh States 2005 to 2009.
ii) Approval Letter issued to Dr. C.V. Raman Institute of Science and Technology, Bilaspur to offer MBA (Distance Programme) from 2005-2008.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 23.12.2019. FAA's order, if any, is not available on record.
CIC/UGCOM/A/2020/113218 Information sought:
The Appellant filed an online RTI application dated 20.11.2019 seeking the following information;
1) Proforma of information submitted by Dr. C V Raman University, Chhattisgarh (State Private University) to UGC for ascertaining its norms and standards under ,..1GC (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003
2) Documents attached to above Proforma:
i) List of other educational institutions/universities run by Dr. C V Raman University (Appendix III)
ii) Off-campus centres established by Dr. C V Raman University and approval letter obtained from competent authority for establishment of off-campus centres (Appendix V)
iii) Study centres established by Dr. C V Raman University and approval letter obtained from competent authority for establishment of study centres f (Appendix VII)
iv) Gazette Notification of the Govt. of Chhattisgarh granting permission to All India Society for Electronics and Computer Technology (AISECT) to offer academic courses (Appendix VIII)
v) Current number of academic programmes/ courses offered by educational institutions set up by All India Society for Electronics and Computer Technology (Appendix IX)
vi) Current number of academic programmes/courses offered by Dr. C V Raman University (Appendix IX:
vii) Approval of AICTE obtained to start engineering and professional courses (Appendix X) 8
viii) Approval of UGC (Distance Education Bureau) obtained to start MBA distance course by Dr. C V Raman University (Appendix XI Having not received any response from the CPIO, the appellant filed a First Appeal dated 23.12.2019. FAA's order, if any, is not available on record.
CIC/UGCOM/A/2020/113228 Information sought:
The Appellant filed an online RTI application dated 07.12.2019 seeking the following information;
1) Notification/circular relating considering Master of engineering in Information science & Engineering as Equivalence courses for appointment as faculty members in the Department of computer science in UGC recognized University from 2010 to 2012
2) Notification/Circular relating considering MA Economics as Equivalence courses for appointment as faculty members in the Department of Business Administration in UGC recognized University from 2010 to 2012
3) Notification/Circular relating to action on candidate who secured job in UGC recognized university by submitting fake degree certificates The CPIO replied to the appellant on 21.12.2019 stating as follows:-
"Please refer Clause 4.1 of UGC Regulation, 2018. However, relevancy of subject and inter-disciplinary nature of subject is required to be decided by the appointing authority concerned with the help of subject experts in the concerned/related field. For rest of the information, you may approach to the concerned authority."
Being dissatisfied, the appellant filed a First Appeal dated 14.01.2020. FAA's order dated 20.01.2020 upheld the reply of CPIO.
CIC/UGCOM/A/2020/113227 Information sought:
The Appellant filed an online RTI application dated 08.12.2019 seeking information as follows;9
1. "Document relating to eligibility of candidate having degree of MA Economics for appointment as faculty member in the Department of Business Administration in UGC recognized University for the period from 2010 to 2012."
The CPIO replied to the appellant on 21.12.2019 stating as follows:-
"Please refer Clause 4.1 of UGC Regulation, 2018. However, relevancy of subject and inter-disciplinary nature of subject is required to be decided by the appointing authority concerned with the help of subject experts in the concerned/related field. For rest of the information, you may approach to the concerned authority."
Being dissatisfied, the appellant filed a First Appeal dated 14.01.2020. FAA's order dated 20.01.2020 upheld the reply of CPIO.
CIC/UGCOM/A/2020/113226 Information sought:
The Appellant filed an online RTI application dated 08.12.2019 seeking information as under;
1. PhD guidelines relating relevancy of subjects and inter-disciplinary subjects considered for admission to PhD programme in computer science offered by UGC recognized University for the period 2005-06.
2. Certified copy of UGC Approval letter issued to University of Allahabad for starting Master of Engineering in Information Science & Engineering course through distance mode Having not received any response from the CPIO, the appellant filed a First Appeal dated 14.01.2020.
The CPIO replied to the appellant on 10.02.2020 stating as follows:-
"Recognition/approval status of Higher Educational Institutions (HEIs) approved by DEB, UGC/DEC, IGNOU for offering ODL/Online programs may be accessed at www.ugc.ac.in/deb. Further, in this regard, kindly go through the various 10 circulars/public notices/notifications available at UGC/DEB website (www.ugc.ac.in/deb)."
In regard to his first appeal, FAA's order dated 14.02.2020 upheld the reply of CPIO.
CIC/UGCOM/A/2020/113225 Information sought:
The Appellant filed an online RTI application dated 08.12.2019 seeking the following information:
1)Document relating eligibility of candidate having degree of Master of engineering in Information Science & Engineering for appointment as faculty member in the Department of computer science in UGC recognized University for the period from 2010 to 2012.
2) UGC approval letter issued to University of Allahabad to offer degree of Master of engineering in Information Science & Engineering through distance mode for the period from 1988 to 1991.
3) UGC guidelines regarding offering of degree of Master of engineering in Information Science & Engineering by UGC recognized state & central universities through distance mode for the period from 1985 to 1991.
The CPIO replied to the appellant on 21.12.2019 stating as follows:-
"Please refer Clause 4.1 of UGC Regulation, 2018. However, relevancy of subject and inter-disciplinary nature of subject is required to be decided by the appointing authority concerned with the help of subject experts in the concerned/related field. For rest of the information, you may approach to the concerned authority."
Being dissatisfied, the appellant filed a First Appeal dated 14.01.2020. FAA's order dated 20.01.2020 stated as under:-
"Please refer to clause 4.4.1 of UGC Regulation on Minimum Qualifications for Appointment of Teachers & Other Academic Staff in University and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010 which is self- explanatory available on UGC website www.ugc.ac.in. Besides relevance of subject or interdisciplinary nature of 11 subject is required to be decided by the appointing authority concerned with the help of subject expert in concerned /related field."
CIC/UGCOM/A/2020/113204 Information sought:
The Appellant filed an online RTI application dated 31.10.2019 seeking the following information;
1) Approval Letter issued to All India Society of Electronics and Computer Technology, Bhopal for establishment of Dr. CV. Raman Institute of Science, Technology, Commerce, & Management, Raipur, Chhattisgarh
2) Approval letter issued to Dr. CV. Raman Institute of Science, Technology, Commerce, & Management, Raipur, Chhattisgarh to run MBA programme through distance mode Having not received any response from the CPIO, the appellant filed a First Appeal dated 03.12.2019.
The CPIO replied to the appellant on 10.02.2020 stating as follows:-
"Recognition/approval status of Higher Educational Institutions (HEIs) approved by DEB, UGC/DEC, IGNOU for offering ODL/Online programs may be accessed at www.ugc.ac.in/deb Further, in this regard, kindly go through the various circulars/public notices/notifications available at UGC/DEB website (www.ugc.ac.in/deb)."
In regard to his first appeal, FAA's order dated 14.02.2020 upheld the reply of CPIO.
CIC/UGCOM/A/2020/106533 Information sought:
The Appellant filed an online RTI application dated 24.11.2019 seeking the following information:12
1) Equivalence master degree courses for appointment as faculty members in the Department of computer Science in UGC recognised university
2) List of Equivalence courses for appointment as faculty of Computer Science in UGC recognised university
3) Notification relating qualification for appointment as faculty of Computer science during 2010-11 in UGC recognised university Having not received any response from the CPIO, the appellant filed a First Appeal dated 12.12.2019. FAA's order dated 19.12.2019 stated as follows:-
"Further, no more information in this regard."
CIC/UGCOM/A/2020/106549 Information sought:
The Appellant filed an online RTI application dated 20.11.2019 seeking the following information;
1) Report of the UGC Expert Committee for considering the proposal of Dr. CV. Raman University, Bilaspur for inclusion in the list of recognized universities of the UGC dated 10th November 2009
2) Documents attached to above Report:
i) GoCG Gazette Notification No. 29 of 2006 dated 3/11/2006 (Annexure 1)
ii) List institutions promoted /run by All India Society for Electronics and Computer Technology (Annexure 2)
iii) GoCG Gazette Notification No. Ref. No.F3-18/2007/38 dated 29/09/2007 (Annexure 3)
v) GoCG Gazette Notification No. F3-18/2006/38-2 dated 01/07/2009 (Annexure
3)
vi) Course-wise students admitted in educational institutions run by All India Society for Electronics and Computer Technology (AISECT) prior to establishment of Dr. C.V. Raman University, Bilaspur from 2004 -05 to 2008-09 (Annexure 12)
vii) AICTE approval fetter obtained for running engineering and Management Programmes. (Annexure 13) The CPIO replied to the appellant on 19.12.2019 stating as follows:-
" The applicant has not mention the details of information required."13
Being dissatisfied, the appellant filed a First Appeal dated 23.12.2019. FAA's order dated 01.01.2020 informed the appellant that Report of UGC Expert Committee on Dr. C.V. Raman University, Bilaspur may be seen at https://www.ugc.ac.in/oldpdf/privateuni/CVrarman.pdf. Appellant may please note that PIO is not supposed to create information or to solve the problems raised by the applicant, only such information can be had under the Act which already exists with the Public Authority.
CIC/UGCOM/A/2020/106178 Information sought:
The Appellant filed an online RTI application dated 31.10.2019 seeking information as follows:
1) Approval Letter issued to All India Society of Electronics and Computer Technology, Bhopal for establishment of Dr. C V Raman University in Raipur, Chhattisgarh.
2) Approval letter issued to Guru Ghasidas University, Bilaspur to offer MBA through Distance Mode.
Having not received any response from the CPIO, the appellant filed a First Appeal dated Nil. FAA's order, if any, is not available on record.
CIC/UGCOM/A/2020/106181 Information sought:
The Appellant filed an online RTI application dated 31.10.2019 seeking information as follows:
1) Approval Letter issued to All India Society of Electronics and Computer Technology, Bhopal for establishment of Dr. C.V. Raman Institute of Science, Technology, Commerce, & Management, Raipur, Chhattisgarh.
2) Approval letter issued to Dr. C.V. Raman Institute of Science, Technology, Commerce, & Management, Raipur, Chhattisgarh to run MBA programme through distance mode.
Having not received any response from the CPIO, the appellant filed a First Appeal dated Nil. FAA's order, if any, is not available on record.
14Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant set of Second Appeal(s).
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present. (The Appellant informed the registry attached with this bench that the cases may be decided on merits as he is unable to attend the same due to a medical exigency).
Respondent: Shashi Malik, Under Secretary (Pay-Scale) & CPIO, Smita Bidani, Education Officer (DEB-UGC) & Rep. of CPIO, Dr. Naresh Kumar, Under Secretary (CPP-I/PU) & CPIO, Neethu Thulasi, Education Officer (DEB) and Vamsika, Education Officer (CPP-II, UGC) & CPIO present through audio conference.
The Commission remarked at the outset that the instant set of Appeal(s) are being clubbed for decision to avoid multiplicity of proceedings as the Appellant has sought for similar information in all these cases and in some cases the queries are being repeated.
The Respondents submitted in unison that the Appellant is a habitual RTI Applicant as he has flooded their office with repeated RTI Applications one after the other, and they have made due efforts to reply to all of these by providing the available information. It was further brought to the attention of the bench that prior to the hearing also, the copy of the written submission sent to the Commission containing the replies & FAA's order relevant to the instant Appeals have been also resent to the Appellant.
The Commission pointed out that some of these replies have not been provided within the stipulated time frame of the RTI Act to which the CPIO's expressed their regret and urged that the same may be condoned in view of the volume of these RTI Applications and affirmed that at no point in time was the available information withheld by their office. They also pointed out the confusion that is caused by the repetitive nature of these RTI Applications and requested for the guidance of the Commission.
Decision:15
The Commission at the outset observes that concededly, the Appellant has been filing repetitive RTI Applications not just with the instant Respondent office but also with other public authorities such as Motilal Nehru National Institute of Technology Allahabad; University of Allahabad; Guru Ghasidas Vishvidyalaya, Bilaspur; All India Council for Technical Education (AICTE), appeals related to which have been heard by this bench in the last few months, details of which can be accessed from the Commission's website using this hyperlink. The nature of the information sought for by the Appellant is largely in the form of seeking clarifications as no specific record is sought for, as is the case with the instant set of Appeal(s), particularly, where the Appellant has sought for information regarding equivalence of degrees of candidates for appointment as faculty members in UGC approved Universities.
It is also pertinent to note in one of the cases of the Appellant decided recently on 29.11.2021 vide File No : CIC/MNITA/A/2020/106514, the following observations were made by this bench:
"The Commission remarked at the outset that a bunch Appeal (s) bearing File no. CIC/GGYBP/A/2020/106175 & others of the same Appellant against an another public authority has already been heard and disposed off by this bench on 24.08.2021, 03.11.2021 and 11.11.2021 with the following observations -
" The instant Appeal has been heard together along with other 16 mattes of the Appellant simultaneously and the Commission at the outset based upon a perusal of facts on record observes that the Appellant has filed numerous RTI Applications for the same nature of information sought by inter changing the serial numbers of information sought in each of his RTI Applications merely to pressurize the public authority into acceding to his request for similar nature of information. It appears that the Appellant has grossly misconceived the idea of exercising his Right to Information as being absolute and unconditional. It is rather unfortunate that even the best of intentions have to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by superior Courts through various judgments such as the Hon'ble Supreme Court's observation in Central Board of Secondary Education (CBSE) & anr. v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] stating that:16
'37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption. But in regard to other information,(that is information other than those enumerated in section 4(1)(b) and (c) of the Act), equal importance and emphasis are given to other public interests (like confidentiality of sensitive information, fidelity and fiduciary relationships, efficient operation of governments, etc.). Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising 'information furnishing', at the cost of their normal and regular duties.' (Emphasis Supplied) In view of the foregoing, the Appellant is advised to make judicious use of his right to information in future.
Considering the totality of facts and multiplicity of the Appellant's RTI Applications, the aforesaid ratio is fully applicable to the instant case as well."
Having observed as above, the Commission find little scope of intervention in the instant set of Appeal(s) filed against UGC as well since appropriate replies have been provided by the CPIOs except in a few cases where the CPIO's reply is not 17 available on record after a careful scrutiny of their respective written submissions. The directions in such cases are as follows:
CIC/UGCOM/A/2020/113153; CIC/UGCOM/A/2020/113151+113150; CIC/UGCOM/A/2020/106533 and CIC/UGCOM/A/2020/106181.
The concerned CPIO(s) are directed to provide the available information in a point-wise manner to the Appellant as sought for in the relevant RTI Application(s) free of cost through speed/registered post as well as via email within 15 days from the date of receipt of this order under due intimation to the Commission.
CIC/UGCOM/A/2020/113218 In view of the submissions of Smita Bidani, Education Officer & Rep. of CPIO during the hearing stating that the information related to DEB has been provided to the Appellant but she is not aware if the other concerned Sections have responded to the RTI Application or not, a revised and cumulative reply on all points of the RTI Application ought to be provided now.
Adverting to the aforesaid, the Commission directs Smita Bidani, Education Officer & Rep. of CPIO to serve a copy of this order to the concerned CPIOs (under intimation to the Commission) for providing the available information to the Appellant. Smita Bidani, Education Officer & Rep. of CPIO is further directed to ensure that a cumulative reply of the all the concerned Sections is sent to the Appellant indicating the availability/unavailability of the information in a revised form free of cost. The said directions should be complied with by the concerned CPIOs within 15 days from the date of receipt of this order under due intimation to the Commission.
A copy of this order is marked to the FAA to ensure that the aforesaid directions are duly complied with by the concerned CPIOs.
With the above observations and directions, the appeal(s) are disposed of.18
Saroj Punhani (सरोजपुनहािन) 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 / Copy to be served through Smita Bidani, Education Officer & Rep. of CPIO in File No.CIC/UGCOM/A/2020/113218:
The concerned CPIOs
--(For timely compliance) Copy to:
FAA University Grants Commission, RTI Cell, 35 Feroze Shah Road, New Delhi - 110001
--(To ensure compliance of the above directions) M R Nimbalkar CTS-733/1, Shree Smarth Kurpa, 1st Floor, Flat No. 1, Renuka, Sambhaji Road, Tilkwadi, Belagavi - 590006, Karnataka.
19 ANNEXURE S.No FILE Nos. 1. CIC/UGCOM/A/2020/694558 2. CIC/UGCOM/A/2020/113157 3. CIC/UGCOM/A/2020/119531 4. CIC/UGCOM/A/2020/113156 5. CIC/UGCOM/A/2020/113163 6. CIC/UGCOM/A/2020/113153 7. CIC/UGCOM/A/2020/113152 8. CIC/UGCOM/A/2020/113150 9. CIC/UGCOM/A/2020/113151 10. CIC/UGCOM/A/2020/113148 11. CIC/UGCOM/A/2020/113149 12. CIC/UGCOM/A/2020/113218 13. CIC/UGCOM/A/2020/113228 14. CIC/UGCOM/A/2020/113227 15. CIC/UGCOM/A/2020/113226 16. CIC/UGCOM/A/2020/113225 17. CIC/UGCOM/A/2020/113204 18. CIC/UGCOM/A/2020/106533 19. CIC/UGCOM/A/2020/106549 20. CIC/UGCOM/A/2020/106178 21. CIC/UGCOM/A/2020/106181 20