Central Information Commission
M R Nimbalkar vs Guru Ghasidas Vishvidyalaya, Bilaspur on 25 August, 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 No :CIC/GGVBP/A/2020/106694
M R Nimbalkar ....अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Guru Ghasidas Vishwavidyalaya,
RTI Cell, C.G. Koni, Bilaspur,
Chhattisgarh- 495009. .... ितवादीगण /Respondent
Date of Hearing : 24/08/2021
Date of Decision : 24/08/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 15/11/2019
CPIO replied on : 31/01/2020
First appeal filed on : 18/12/2019
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 01/02/2020
1
Information sought:
The Appellant filed an online RTI application dated 15.11.2019 seeking the following information;
i) "Copy of Statute 27(A) of Guru Ghasidas State University, Bilaspur
ii) Copy of Government letter issued to Guru Ghasidas State University, Bilaspur to conduct examination of MBA Distance Mode offered by Dr. C.V. Raman Institute of Science, Technology, Commerce, & management, Bilaspur
iii) Copy of Government letter issued to Guru Ghasidas State University, Bilaspur to conduct examination of MBA Distance Mode offered by Dr. CV. Raman University, Bilaspur."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 18.12.2019. FAA's order, if any, is not available on record.
Subsequently, the CPIO replied to the appellant on 31.01.2020 stating as follows:-
"Copy of statute 27(A) is Available which is of 9 pages and its soft copy as pdf file is already sent to the applicant in his email on 28thJan,2020 by Section Officer email: [email protected] Compliance to Inquiry No. (ii) & (iii)There was not separate letter, however, the Government has issued and published Statute 27 (A) for the purpose, which is already attached as pdf here with in your reply to Inquiry No. (i)."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the ground of non-receipt of information from the CPIO on points no. 2 & 3 and rather misleading reply given by the CPIO. Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio-conference.
Respondent: T. P. Singh, Assistant Registrar & PIO (Academics) along with Sampooranand Jha, Deputy Registrar (Exams) &PIO present through audio- conference.2
The Appellant at the outset informed the bench that he filed a written submission yesterday through email detailing in a tabular form the status of all the RTI applications. The Commission denied having received any such email in the registry. While the hearing was underway, all concerted efforts were made by the registry to trace and locate the email. The appellant apparently had send the email on some other email id of the CIC due to which the same was not traceable by the Registry despite due efforts. However, on conclusion of the hearing of the instant case, the aforesaid written submission of the Appellant dated Nil could be traced and received in the registry. The contents of the averred submission of the Appellant are reproduced verbatim as under -
Application No. Date of Application Appeal Date Status
GGVBP/R/2019/50075 15/11/2019 18-12-2019
Information Requested
1) Copy of Statute 27(A) of Guru Ghasidas State University, Bilaspur Provided
2) Copy of Government letter issued to Guru Ghasidas State University, Bilaspur to conduct examination of MBA Distance Mode offered by Dr. C.V. Raman Institute of Science, Technology, Commerce, & management, Bilaspur
3) Copy of Government letter issued to Guru Ghasidas State University, Bilaspur to conduct examination of MBA Distance Mode offered by Dr. C.V. Raman University, Bilaspur The PIO while narrating the factual background submitted that after the formation of State of Chhattisgarh in 2000-01; subsequently in the year 2006, number of private educational Institutions was established to impart professional courses to the students in the State without getting necessary approvals from UGC. Further, the Hon'ble Supreme Court keeping the interests of the students in mind, passed an order sequel to which the State Government (Chhattisgarh) passed an order directing the nearby UGC affiliated University including inter alia, the Respondent University to conduct exams for such unrecognized private Institutions amongst which Dr. C V Raman Institute of Science, Technology, Commerce and Management, Bilaspur was one such Institute. Hence, upon direction of the State Government , the Respondent University conducted exams for a particular time span for the students of the said institute and also granted them degrees for that period, however since the students of such Institutes had not studied under the aegis of the Respondent University therefore, the actual 3 records of CV Raman Institute were not available with them. This fact was already intimated to the Appellant earlier through letter dated 05.11.2019.
The PIO further invited attention of the bench to the fact after the order of the Hon'ble Supreme Court of India in W.P. (C) no. 19 of 2004 dated 11.02.2005; statute no. 27(A) of the erstwhile State University was enacted whereby the aforesaid privileges of the erstwhile university to the private institutions were quashed and withdrawn by the State Government. Therefore, the records pertaining to students lists, mark sheets, etc. were not available with the University as these were kept and maintained by the concerned private Institutions only. The Respondent University role was limited to conduct of the examination, issuing of mark sheets (duly prepared by the institutions) with their counter signatures and issuance of degrees to the students. As regards the information sought for, he added that reply has already been provided to the Appellant on 31.01.2020.
Decision:
Considering the submissions of the Appellant that he has received the desired information, and did not press for any other information /issue; the Commission finds no scope of further intervention in the matter and closes the case.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) 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 / 4