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Ramesh vs Indian Council Of Medical ... on 21 May, 2025

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                      के न्द्रीय सूचना आयोग
                             Central Information Commission
                                  बाबा गंगनाथ मागग, मुननरका
                             Baba Gangnath Marg, Munirka
                              नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/ICOMR/A/2024/613227

Shri Ramesh                                                     ... अपीलकताग/Appellant
                                   VERSUS/बनाम
PIO, Indian Council of Medical Research                     ...प्रनतवािीगण /Respondent

Date of Hearing                          :   19.05.2025
Date of Decision                         :   19.05.2025
Chief Information Commissioner           :   Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on          :           22.01.2024
PIO replied on                    :           12.02.2024
First Appeal filed on             :           17.02.2024
First Appellate Order on          :           18.03.2024
2ndAppeal/complaint received on   :           02.04.2024
Information sought

and background of the case:

The Appellant filed an RTI application dated 22.01.2024 seeking information on the following points:-

"Respected Sir, I am Ramesh Advt: no (ICMR-NIRT/Tech. Recuit/01/2023) NIRT conducted exam on 10/12/2023 | wrote the exam for the post of xray (Technical Assistant). NIRT CBT Exam Mark List published on 12/1/2024. My score published by NIRT is much lower than the correct score of CBT exam I wrote. RTI Sec 2(F) who in CBT exam Question & answer and NIRT are request you to give the published reply. My application no: 23070001218. RTI Sec(f) Application No. of first and second place candidates who have been provisional selected for the post x-ray (technical assistant).23070009531 Application No: 23070006993 CBT exam question and correct answer I request you very sincerely"

The CPIO vide letter dated 12.02.2024 replied as under:-

"The Recruitment is in progress. The requested data could not be furnished at this point of time."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.02.2024. The FAA vide order dated 18.03.2024 held as under:-

"Please refer to your appeal registration number NIFRT/A/E/24/00004, dated 17- 02-2024, stating the reason for appeal that "Refused access to information requested" from the PIO, ICMR-NIRT.

On the perusal of your appeal and the facts on records, it was understood that the CPIO will be providing you the information, i.e. CBT question and answer sheet pertaining to your application number alone as per the RTI act 2005, after Page 1 of 3 completing the process, which is currently under progress. Therefore, your appeal is accordingly disposed of."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission dated 15.05.2025 has been received from the CPIO stating as under:

"The ICMR-NIRT as per the directions of ICMR-HQ, New Delhi had engaged Centre for Development of Advanced Computing (C-DAC), a research organization under Ministry of Electronics and Information Technology for filling various Technical posts through Direct Recruitment. The CDAC conducted the Computer Based Test in an end to end model where all the necessary modalities were taken care of and the CBT marks of the candidates were provided to this office which we had published in our website without any delay. Also, this office intended to publish the question paper and answer keys once the recruitment is completed during which the candidate approached this office seeking question paper and answer keys hence we informed the candidate accordingly vide reply to his RTI dated 12.02.2024. However, the Question papers of the Computer Based Test conducted by the CDAC were not provided even after the results were declared and this office started forwarding the similar applications to CDAC for providing reply directly to the applicant under section 6(3) of RTI Act, 2005.

Hearing was scheduled after giving prior notice to both the parties.

Appellant: Present through video conference Respondent: Ms. R Lata - Administrative Officer, ICMR was present through video conference during hearing.

Both parties reiterated their respective contentions and the Respondent placed reliance on the aforementioned written submission dated 15.05.2025 stating that CDAC was engaged by ICMR-Hq. and had conducted the Computer Based Test in an end to end model where all the necessary modalities were taken care of by CDAC. Since the Question papers of the Computer Based Test conducted by the CDAC were not provided to the Respondent public authority, even after the results were declared, hence the Appellant was informed accordingly.

Decision:

In the light of the aforementioned submissions made by the Respondent, ICMR is the actual custodian of the information sought by the Appellant. Hence the PIO, ICMR is hereby directed to obtain the information sought by the Appellant, viz. the CBT exam question and correct answer, from CDAC and provide the same to the Appellant within four weeks of receipt of this order. The Respondent from ICMR must positively submit a compliance report in this regard before the Commission within one week thereafter.

The appeal is disposed off accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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