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Central Information Commission

Gyanendra Yadav vs All India Council For Technical ... on 19 April, 2024

                                      के ीय सूचना आयोग
                                Central Information Commission
                                    बाबा गंगनाथ माग,मुिनरका
                                 Baba Gangnath Marg, Munirka
                                 नई िद ी, New Delhi - 110067
ि तीय अपील सं          ा / Second Appeal No. CIC/SCOFI/A/2022/660951/AICTE

Gyanendra Yadav                                                ... अपीलकता/Appellant

                                        VERSUS
                                        बनाम
CPIO: AICTE, New Delhi
                                                              ... ितवादीगण/Respondent

Relevant dates emerging from the appeal:

RTI : 01.11.2022                  FA    : Not on record        SA     : Nil

CPIO : 16.11.2022                 FAO : Not on record          Hearing : 12.04.2024


Date of Decision: 15.04.2024
                                           CORAM:
                                     Hon'ble Commissioner
                                   _ANANDI RAMALINGAM
                                          ORDER

1. The Appellant filed an RTI application dated 01.11.2022 seeking information on the following points:

(i) "How many students were passed from batch 2016-2019 from Kit college in Sohna Haryana pursuing mechanical engineering linked to MDU.

(ii) How many students were passed from batch 2016-2019 without any year gap from Kiit college in mechanical engineering.

(iii) How many students were passed from total number of students in batch 2016-

2019 in all engineering branches from Kiit college.

(iv) How many students were passed from batch 2016-2019 without any year gap from Kiit college in all engineering branches.

(v) How many students from batch 2016-2019 cleared all the exams without any reappear exam in all of the engineering branches from Kiit college, etc./ other related information...." etc.

2. The CPIO replied vide letter dated 16.11.2022 and the same is reproduced as under:-

"Information is not readily available, you are requested to contact directly MDU"

3. Aggrieved with the non-receipt of any reply from the CPIO, the Appellant approached the Commission with the instant Second Appeal dated Nil.

4. The Appellant was present during the hearing in person and on behalf of the Respondent, Jatinder Kumar, Technical Assistant & Rep. of CPIO attended the hearing in person.

5. The Appellant narrated his ordeal regarding not having managed to pass any of his semester exams without repeat exams and that he believes that the averred institute was deliberately failing the students to compel them to appear for back papers.

6. The Respondent reiterated the reply provided to the Appellant and to some extent, discussed the grievance narrated by him during the hearing.

7. The Commission upon close scrutiny of the facts on record observes that the Appellant has neither exhausted the channel of filing any First Appeal against the averred reply of the CPIO; nor has he filed the instant matter as a Second Appeal per se, as he has sought for the information to be provided by the CIC. Moreover, during the hearing also, the Appellant did not raise any issue that is amenable to the mandate of the RTI Act. For the said reasons, the Commission finds the instant appeal as ab initio not maintainable.

8. The Appeal is accordingly treated as infructuous.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Anandi Ramalingam) (आनंदी रामिलं गम) Information Commissioner (सूचना आयु ) िदनांक/Date: 15.04.2024 Authenticated true copy Col S S Chhikara (Retd) कनल एस एस िछकारा, ( रटायड) Dy. Registrar (उप पं जीयक) 011-26180514 Addresses of the parties:

1. The CPIO, RTI Cell, AICTE HO: Delhi Nelson Mandela Road, Vasanj Kunj, New Delhi - 110070

2. Gyanendra Yadav Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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