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Bhoop Singh Yadav vs Central Board Of Secondary Education on 17 September, 2024

                                    के   ीय सूचना आयोग
                           Central Information Commission
                                बाबा गंगनाथ माग ,मुिनरका
                            Baba Gangnath Marg, Munirka
                              नई  द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/CBSED/A/2023/139490

 Bhoop Singh Yadav                                           ... अपीलकता /Appellant

                                     VERSUS
                                      बनाम
 CPIO:
 Central Board of Secondary Education,                   ... ितवादीगण/Respondents
 Preet Vihar, Delhi

Relevant dates emerging from the appeal:

 RTI : 31.05.2023             FA     : 15.07.2023            SA     : 21.08.2023

 CPIO : 18.07.2023            FAO : Not on record            Hearing : 06.09.2024


Date of Decision: 17.09.2024
                                       CORAM:
                                 Hon'ble Commissioner
                               _ANANDI RAMALINGAM
                                      ORDER

1. The Appellant filed an RTI application dated 31.05.2023 seeking information on the following points:

 Please give me the information regarding how and from how and from whom I can get my Migration certificate (passed Higher Secondary Education in 1965)

2. The CPIO replied vide letter dated 18.07.2023 and the same is reproduced as under:-

"As per information sought, it is to inform you that, you may apply through online portal for obtaining duplicate documents which is available on CBSE website. The applicant can receive the Duplicate Documents by post, at his given address. The link is given below:

https://cbseit.in/cbse/web/dads/frmRegistration.aspx."

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 15.07.2023 alleging that the information provided was incomplete, false and misleading, which was not adjudicated by the First Appellate Authority.

4. Aggrieved with the non-receipt of FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 21.08.2023.

5. The appellant and on behalf of the respondent Smt. Arvinder Kaur, CPIO, attended the hearing in-person.

6. The appellant inter alia submitted that the reply given by the CPIO was contradictory to the information provided on the 4th page of "common application form"

for obtaining migration certificate that CBSE had weeded out old records pertaining to the marks statement, Gazette and counter-foil etc. upto the year 1974 as per the weeding out Rules 1998 of the Board. The appellant expressed his agitation that there was no option left for obtaining his migration certificate for the year 1965 which was required by him for pursuing further studies.

7. The respondent while defending their case inter alia submitted that the appellant had raised a question as to how and from whom he could obtain his migration certificate. The query was general and inquisitive in nature and they accordingly provided the procedure to apply and obtain migration certificate by referring to the weblink containing the relevant information.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that appropriate reply was given by the CPIO, as per the request made by the appellant which was beyond the ambit of "information" as prescribed under the provisions of Section 2 (f) of the RTI Act. Further, the appellant, admittedly, is already aware that the records prior to the year 1974 had been weeded out as per 1998 Rules of the Board. Besides, the appellant has raised a grievance that he was unbale to pursue higher studies due to lack of his HSE migration certificate from the year 1965, however, the same cannot be redressed as per the provisions of the RTI Act.

Therefore, no relief lies before this forum and the Commission finds no scope for further intervention in the matter. Accordingly, the appeal is dismissed.

Copy of the decision be provided free of cost to the parties.

Sd/-

                                                                     आनंदी राम लंगम)
                                               (Anandi Ramalingam) (आनं            म
                                                                         सूचना आयु )
                                              Information Commissioner (सू
                                                               दनांक/Date: 17.09.2024
Authenticated true copy

Col S S Chhikara (Retd) कन ल एस एस िछकारा, ( रटायड ) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1. The CPIO Central Board of Secondary Education, CPIO, RTI Branch, "Shiksha Kendra", Headquarter, 2, Community Centre, Preet Vihar, Delhi -110092

2. Bhoop Singh Yadav Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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