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[Cites 2, Cited by 0]

Central Information Commission

Mr. Bhujangrao Madhaorao Thakre vs University Grants Commission on 24 April, 2009

             CENTRAL INFORMATION COMMISSION
                    Room no. 415, 4th Floor,
                  Block IV, Old JNU Campus,
                      New Delhi - 110066
                     Tel: +91 11 26161796

                                         Decision No. CIC/SG/A/2009/000360/2923
                                                Appeal No. CIC/SG/A/2009/000360

Relevant facts emerging from the Appeal:

Appellant                            :      Mr. Bhujangrao Madhaorao Thakre,
                                            R/o Manthan, Sharda Nagar,
                                            Amravati (M.S.)-444605.

Respondent                           :      PIO,

University Grants Commission, Bahadur Zafar Marg, New Delhi-110002.

RTI application filed on             :      24/04/2008
PIO replied                          :      26/05/2008
First Appeal filed on                :      27/09/2008
First Appellate Authority order      :      11/11/2008
Second Appeal filed on               :      6/03/2009

The appellant had asked in RTI application regarding rules, regulations and notifications of the UGC and Xerox copies of the office files related to the letters sent by the UGC, i.e.). (1). Letter No. F.1-2/2006(PS), dated 20 Dec. 2007. (2). Letter No. F.1-2/2006(PS), dated 19 Feb. 2008. (3). Letter No. F.1- 2/2006(PS), dated 11 April 2008.

1. Provide me the rules, regulations and notifications of the UGC, if any, wherein it is defined as to which research/research experience can be counted for the appointment of the post of Principal.

2. Provide me the rules, regulations and notifications of the UGC, if any, in which it is stated that the period spent for Doctoral Research (i.e. Ph D) by the scholar cannot be considered for the appointment to the post of principal as research experience.

3. Provide me the rules, regulations and notifications of the UGC, if any, which mention about the limit of the maximum period of research experience out of the total period of research spent by the scholar for doctoral research, which can be counted for the appointment of the post of principal.

4. Also, provide me with the entire Xerox copies of the office files related to the letters sent by the UGC, i.e.).

(1). Letter No. F.1-2/2006(PS), dated 20 Dec. 2007. (2). Letter No. F.1-2/2006(PS), dated 19 Feb. 2008. (3). Letter No. F.1-2/2006(PS), dated 11 April 2008.

The PIO replied.

Doctoral research period cannot be counted towards 15 years research experience. First Appellate Authority Ordered:

"The UGC, in exercise of power under Sec. 26(1) (e) of UGC Act, 1956, has framed the UGC Regulations on minimum qualifications for appointment of Career Advancement of Lecturers, Readers and professors in the Universities and Colleges. These Regulations have been circulated to all the Institutions vide UCG D.O. No. F.3-1/2000 dated 4th April 2000. The Regulation 1.0.0 of the said Regulations provides further minimum eligibility for the appointment of Principal's in Professor's grade as well as in Reader's grade.
It is evident from the Regulation 1.0.0 that it prescribes experience of 15 years of teaching / research in universities which has to be ensured strictly while assessing the merit of the candidate for the appointment of Principal in the Professor's grade. Similarly for appointment to the post of Principal in Reader's grade, total experience of 10 years of teaching/research is required. It may also be noted in the Regulation that there is no mention of Ph.D research for counting the total experience for appointment as the Principal in the Professor's grade. Moreover, Ph.D is also one of the minimum qualification prescribed. As such the Ph.D research period can not be counted for the total experience required."

Relevant facts emerging during hearing:

The following were present.
Appellant: Mr. Bhujangrao Madhaorao Thakre Respondent: Absent The appellant states that the UGC regulation do not state that the Ph.D research period will not be counted for the total experience required, hence the information provided is misleading. He has also produced a letter from Mrs. Reeta Goel, Section officer, UGC of 20 December 2007 which states that 'doctoral research experience of Ph.D. can be counted for the post of Principal in the Professor's grade.' The PIO must clarify on what basis they have given the information to the appellant. If an error has been made in giving the previous information the PIO must send the correct information to the appellant.
Decision:
The Appeal is allowed.
The PIO will give the correct information to the appellant before 10 May 2009.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 24 April 2009 (In any case correspondence on this decision, mention the complete decision number.)