Central Information Commission
Gaurav Shukla vs National Council For Teacher Education on 10 August, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File No.: CIC/NCTED/A/2019/107244 +
129486 & 147417
In the matter of:
Gaurav Shukla
... Appellant
VS
Central Public Information Officer,
National Council for Teacher Education (NCTE),
G-7, Sector-10, Dwarka,
Landmark - Near Metro Station, Delhi - 110075
...Respondent
RTI application filed on : 22/08/2017 CPIO replied on : Not on record First appeal filed on : 15/05/2018 First Appellate Authority order : 02/07/2018 Second Appeal filed on : 18/02/2019 Date of Hearing : 06/08/2020 Date of Decision : 06/08/2020
Note: The above mentioned File No.s i.e. CIC/NCTED/A/2019/107244, CIC/NCTED/A/2019/129486 & CIC/NCTED/A/2019/147417 have been clubbed together as the appellant has filed identical RTI Applications with the respondent authority and has also filed three separate second appeals in the Commission resulting in duplication .
The following were present:
Appellant: Heard over phone Respondent: Shri Avadesh Nayak, Under Secretary & CPIO and Shri Rajesh Vodkar, PS & deemed PIO heard over phone.1
Information Sought:
The appellant has sought the following information with reference to the letter F No.8-Aug.15155/NRC/NCTE/NCTE/2017/RTI/179987 dated 09/08/2017 issued by NCTE in response the letter dated 12/07/2017 of the appellant with regard to the recognition of D.El.Ed course. In the said context, the appellant has the following information / documents:
1. Inspection of work documents, records.
2. Taking notes extracts or certified copies of documents or records.
3. Taking certified samples of materials.
4. Obtaining information in the form of diskettes, floppies, tape video, cassettes or any other electronic mode or through print out where such information, is stored in a computer or in any other device.
Grounds for Second Appeal The CPIO has not provided any reply whatsoever.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that no reply was received from the CPIO and no final reply whatsoever was given by the FAA after his order dated 02.07.2018.
The CPIO submitted that since the RTI application was received by them only as an enclosure to the first appeal, hence an appropriate reply was given to the appellant on 02.07.2018 by the FAA.
Observations:
From a perusal of the relevant case records, it is noted that the appellant is aggrieved as his school was not granted recognition by the respondent organisation. Giving the background of the case, the appellant in his second appeal had submitted that he had moved an application for D.El.Ed. Course through an online submission with requisite fees Rs. 1.50 lacs on 14.09.2015. On receiving no reply on his application, he filed the above mentioned RTI application followed by a first appeal. Neither any reply was given by the CPIO nor the first appeal was disposed of. Thereafter, he went personally to the respondent's office on 5th & 7th September 2017 and discussed the matter and he came to know that the case of their Institution was considered by the NRC in its 257th meeting and the committee decided that a show cause notice under section 14/15 (3)(b) of NCTE Act, 1993 be issued to the institution 2 before any refusal and the committee also directed the respondent that the notice should be acknowledged by the appellant. However, due to the fault of Postal Department, the show cause notice was never served on them and hence the recognition was refused by the Committee. The appellant further stated that the FAA in his order had stated that he is supposed to give a reply for further consideration and decision of NRC but till date no reply has been supplied.
At the outset, it was noted that there was no CPIO's reply on record. To this the CPIO submitted that initially the RTI application was not received directly by them and it was received only as an attachment with the first appeal and hence there was no CPIO's reply. During the hearing, it was enquired from the appellant as to whether after the FAA's order seeking further information from the appellant, dated 02.07.2018, he has given any reply. The appellant submitted that he has given a reminder on 26.12.2018. To this the CPIO submitted that another letter was sent to the appellant on 09.05.2019 alongwith a copy of the FAA order dated 02.07.2018 whereby the appellant was asked to submit his representation for consideration of NRC. On a specific query to the appellant and the CPIO as to whether any written representation was given by the appellant after 09.05.2019, both the parties were unable to answer the question. It appeared that both the parties were not properly prepared for the hearing. Therefore, the Commission cannot help when there is lack of clarity on either side and the decision will be taken based on the documents placed on the records of the Commission.
The Commission noted that even though the grievance of the appellant is reasonable, however, the appellant through his RTI application has not sought any information under the RTI Act. Here it is brought to the notice of the appellant that the Commission has a limited role to ensure dissemination of information and any issue regarding the rejection of grant of recognition to the above Institute is purely an administrative matter which should be taken up separately by the appellant with the Public Grievance Redressal Cell of NCTE. Hence, no relief can be given to the appellant.
Decision:
In view of the above, the Commission does not find any scope for further intervention in the matter as it is purely a grievance matter that needs to be 3 taken up separately by the appellant. Besides, the appellant failed to explain his case properly or indicate what he wanted. Therefore, no further action lies.
The appeals are disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 4