Central Information Commission
Mrrajesh Kumar Singh vs Banaras Hindu University on 16 December, 2015
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/RM/A/2014/000115SA
(VIDEO CONFERENCE - BHADOHI & VARANASI)
Rajesh Kumar Singh, Bhadohi Vs. Banaras Hindu University, Varanasi
Important Dates and time taken:
RTI/CPIO: 218/5913(15) FA/FAO: 410/221013(18) 2nd Appeal: 12122013
Disposed of with directions Hearing:24112015 Decision: 16122015
Parties present: Both the parties are not present for video conference at NIC Studios, at
Bhadohi and Varanasi respectively.
FACTS:
2. The appellant by his RTI application sought copy of Ph.D.Thesis titled "Role of Micro Finance in Poverty Allevation: A case study of SHGs Bank Linkage programme in Mirzapur District submitted by Ms. Taru Singh, and another research scholar and the related matters. Claiming that information has not been received/denied by the Public Authority, he approached the Commission in second appeal, after exhausting the first appeal. DECISION
3. Both the parties are not present for video conference at Bhadohi and Varanasi respectively. The appellant is seeking certified copies of the first Chapter of the thesis submitted by Ms. Taru CIC/RM/A/2014/000115SA Page 1 Singh and Ms. Yuvika Yadav who researched under the supervision of Dr.Satya Dev Singh. Denial of the information on the apprehension of plagiarism is not a valid ground for rejection. The Ph.D thesis after due examination, will be placed in the Library of University, which means it is available to any person who is interested in doing the research. If the thesis is published into a book, the scholar/author would certainly have a copy right (IPR) in that book. The author can insist against sharing the photostate copy of the book on the apprehension that it will affect the market of his published book. Still the thesis can be available for review, citation, criticism, etc. Every reader has a right to quote from the thesis with due acknowledgement to original author of the thesis. If any person lifts substantive portion of the thesis without due acknowledgement, will be certainly liable for plagiarism or copy right violation, depending upon the offence committed.
4. The Commission, therefore, holds that the appellant is entitled to the first chapter from the thesis of the two scholars. Thesis is not a secret document. The research is meant to be studied by the others and use for further research. It is quite unacademic to deny the extracts from the thesis. Hence the Commission directs the respondent authority to provide certified copies of introductory chapters of the both the theses, submitted by the said scholars, which are placed in the library, to the appellant within 15 days from the date of receipt of this order, on payment of cost.
5. The appeal is accordingly disposed of.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (U.C.Joshi) Deputy Secretary Address of the parties :
CIC/RM/A/2014/000115SA Page 2
1. The CPIO under the RTI Act, Government of India BANARAS HINDU UNIVERSITY, Controller of Examinations VARANASI UP PIN;221005
2. Shri Rajesh Kumar Singh, S/o Shri Virendra Pratap Singh Joginka (Kathauta), Gopiganj, SRN Bhadohi (UP) PIN: 221303 CIC/RM/A/2014/000115SA Page 3