Central Information Commission
Mangalampalli Manikantha Anilikumar vs Centre For Dna Fingerprinting And ... on 18 March, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CDFAD/A/2023/605236
Shri Mangalampalli Manikantha Anilkumar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Centre for DNA Fingerprinting and ...प्रनतवािीगण /Respondent
Diagnostics(CDFD)
Date of Hearing : 14.03.2024
Date of Decision : 14.03.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 06.12.2022
PIO replied on : 15.12.2022
First Appeal filed on : 19.12.2022
First Appellate Order on : 09.01.2023
2 Appeal/complaint received on
nd : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 06.12.2022 seeking information regarding the post of Technical Assistant, Post code 02, (Reserved for EWS), Pay level-6 vide Advertisement No. 01/2022-Recruitment of Permanent Positions. In this regard, provide the following information:
"Kindly Indicate and provide details on what basis/grounds I am not eligible for appearing examination and why I am not shortlisted for written test appearing. ?"
The CPIO, Centre for DNA Fingerprinting and Diagnostics, Hyderabad, Telanganavide letter dated 15.12.2022 replied as under:-
"As per the Advertisement No. 01/2022, the Essential Qualifications and Experience for the post of Technical Assistant, Post code. 02 (EWS) is First class B.Sc. / B.Tech. with three years experience OR Post Graduate in Science / Technology or PG Diploma in Science Technology with one year experience.
Since you are not possessing the minimum experience of one year, your candidature was not considered by the Screening Committee."Page 1 of 3
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.12.2022. The FAA vide order dated 09.01.2023 upheld the reply of CPIO and further stated as under:-
".........As per the requirements of the RTI Act 2005, the Appellate Authority is not authorized to pass judgement on the action of CDFD regarding the eligibility or ineligibility of any candidate for any vacant position notified by CDFD.
Therefore, no additional information based on such judgement can be provided to you."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Dr Varsha, CPIO and Scientist The Appellant stated that satisfactory information was not provided as it was his belief that he was eligible for appearing for the examination for the post of Technical Assistant.
Dr Varsha reiterated her written submission dated 12.03.2024, the relevant extracts of which are as under:
"Centre for DNA Fingerprinting and Diagnostics (CDFD), Hyderabad is a premier autonomous R & D Institute funded by Department of Biotechnology, Ministry of Science and Technology, Government of lndia that has been established to provide services increase of and to undertake R & D in DNA Fingerprinting, DNA Diagnostics and other areas of modern biology.
The applicant in his RTI application daled 06.12.2022 had requested 'the details on what basis / grounds he is not eligible for appearing examination and why he has not been shortlisted for written test appearing".
As per the Advertisement No. 0112022, the Essential Qualifications and Experience for the post of Technical Assistant, Post code 02 (EWS) is First class B.Sc. / B.Tech. with three years experience OR Post Graduate in Science / Technology or PG Diploma in Science / Technology with one year experience which means;
(a) B.Sc. / B.Tech. with three years experience
(b) Post Graduate in Science / Technology with one year experience
(c) PG Diploma in Science / Technology with one year experience Page 2 of 3 Since Mr. Mangalampalli Manikantha Anil Kumar does not possess the minimum experience of one year after his M.Sc., his candidature was not considered by the Screening Committee. This information was provided by the concerned section. Copy of the same is enclosed herewith. However, the applicant was not satisfied with the reply by CPIO and submitted an appeal to the first Appellate Authority.
The First Appellate Authority, after going through the details of the case, has supported the answer given by CPIO for the queries raised in the first appeal. The copy of the same is herewith attached for kind information and perusal of the Hon'ble Commissioner.
The concerned section was again approached for further clarification upon receipt of the Hearing and that reply is also enclosed herewith for your kind perusal.
In view of the above clarifications, I once again submit to you that the requested information has already been provided to the appellant and there is nothing pending in this regard.
Prayer In view of the above, I humbly submit to request the Hon'ble Central Information Commissioner that I have provided the information within the stipulated time as per RTI Act 2005. Accordingly the appeal may kindly be disposed off."
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent as only such information that is held and available on records of a public authority can be provided. Hence, no further intervention of the Commission is required in the instant matter. For redressal of his grievance regarding his eligibility for appearing in the examination, the Appellant is advised to approach an appropriate forum. Dr Varsha, CPIO and Scientist, CDFD is directed to forward a copy of her written submissions with annexures to the Appellant within 30 days from the date of receipt of this order for his ready reference and necessary action.
With the above observation, the instant Second Appeal stands 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