Central Information Commission
Prakash Chand Bansal vs All India Institute Of Medical Sciences on 10 June, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/AIIMS/A/2023/140937
Shri Prakash Chand Bansal ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, All India Institute of Medical Sciences ...प्रनतवािीगण /Respondent
Date of Hearing : 07.06.2024
Date of Decision : 07.06.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 08.06.2023
PIO replied on : 07.07.2023
First Appeal filed on : 27.07.2023
First Appellate Order on : 30.08.2023
2ndAppeal/complaint received on : 05.10.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 08.06.2023 seeking information on the following points:-
i)Certified copy of with Reference to faculty posts advertised vide advertisement number No.a) No. AIIMS-BLS(B)(02)(05)/21- dated 23-12-2021 and b)AIIMS-BLS(B-
1)(2)(5)(Vol-II)/21-2673 dated 08 October, 2022.
ii) Certified copy of List of candidates who appeared (Category wise) for the interview (whether selected or not) for both these advertisements as mentioned above including their.
a) CV and Career Graph of each candidate
b) ORCID id
c) Publications including h factor, 1-10
iii)Certified copy of complete details of the members of Interview panel/Board constituted subject wise (Including Subject Experts) for both these advertisements
iv) Criterion for constituting the Interview Panel/Board for each Subject specifying the rules/guidelines regarding the same for the interviews conducted for both these advertisements.
v) Certified copy if any members of SC/ST/OBC Category in the interview panel/Board were included, kindly provide the details for each (subject wise) for the interviews conducted against both these advertisements.
vi) Certified copy criterion adopted to identify candidate suitable for the post or not suitable for the post (subject wise) during the Interview conducted against both these advertisements.Page 1 of 4
vii) Certified Copy of marks given to each candidate who appeared for the interview (whether selected or not) for the above mentioned interview dates with distribution of Marks for the interviews conducted against both these advertisements."
The CPIO, All India Institute of Medical Sciences vide letter dated 07.07.2023 replied as under:-
Point No. (i):-The applicant is advised to go through Notice No AIIMS- BLS(B)(02)(05)/21 of 23.12.2021& AIIMS-BLS(B-1)(2)(5)(Vol- 11/21-2673 dated 08.10.2022 uploaded in AIIMS website (aiimsbilaspur.edu.in) Point No. (ii):-Information relating to personal information of candidates cannot be supplied being third party information as no public interest of the applicant is involved.
Point No. (iii):-Can't be supplied.
Point No. (iv):-DOPT Guidelines and Recruitment Rules. Point No. (v):-As per DOPT guidelines, one member each from SC/ST/OBC category was included in the panel/board; however, name can't be disclosed. Point No. (vi):-Recruitment Rules. Kindly go through the detailed advertisement. Point No. (vii):-Information can't be supplied.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.07.2023. The FAA vide order dated 30.08.2023 observed as under:-
The point wise reply in respect of your first appeal is as under: -
S.No. Information sought Reply
(1) Certified copy of with reference to Certified copies of Advertisement No. AIIMS-
faculty posts advertised on dated BLS(B)(02)(05)/21 of 23.12.2021 & AIIMS-
23.12.2021 & 08.10.2022 BLS(B-1)(2)(5)(Vol-11/21-2673 dated
08.10.2022 is enclosed as Annexure "A".
(2) Certified copy of list of candidates It is intimated that as per order dated
who appeared (Category wise) for 12.01.2012 of Chief Information
the interview (whether selected or Commissioner in case titled Ms. Reno Sinha not) for both these advertisements vs Union Public Service Commission, it was mentioned above including their. held that the qualification and experience of 25 the selected candidates must be disclosed.
a)CV and Career Graph of each Further, Chief Information Commissioner candidate agreed that the educational qualification
b) ORCID id and experience of all candidates called for
c) Publications including H factor, interview need not be disclosed, we are I 10, firmly of the view that such details about the successful candidates must be placed in the public domain because it is on the basis of such qualification and experience that, ultimately, some candidates are found fit for public employment and so recommended.
Therefore, CV and Career Graph, ORCID id and Publications including H factor, 1-10, of each selected candidates against both the advertisements are enclosed as Annexure "B".
Page 2 of 4iii Details of the members of Details of the members of Interview Interview panel/board panel/board is exempted from disclosure Under Section 8(1)(g) of RTI Section-2005. iv Criterion for constituting Interview The Institute Body of AIIMS-Bilaspur has Panel/Board constituted the Standing Selection Committee of this Institute as under in terms of the Section-10(5) & 10 (6) of the AIIMS Act, 1956, Rule-7(1) and 9(2) of the AIIMS Rules, 2019.
v Details of members of SC/ Details of the members of Interview ST/OBC Category in the interview panel/board is exempted from disclosure panel/board Under Section 8(1)(g) of RTI Section-2005.
vi Criterion adopted to identify Criterion adopted to identify suitability of
suitability of candidates candidates for the post of Professor,
Additional Professor, Associate Professor
and Assistant Professor is mentioned in the
detailed advertisement No. AIIMS-
BLS(B)(02)(05)/21 of 23.12.2021 & AIIMS-
BLS(B-1)(2)(5)(Vol- 11/21-2673 dated
08.10.2022 i.e. Essential qualifications &
Experience and the same has been enclosed
in Annexure "A".
vii Certified copy of marks given to Certified copies of marks given to each
each candidate candidate appeared in interview
Advertisement No. AIIMS-BLS(B)(02)(05)/21 of 23.12.2021 & AIIMS-BLS(B-1)(2)(5)(Vol- II/21-2673 dated 08.10.2022 is enclosed as Annexure "C Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 03.06.2024 has been filed by the Respondent which gives a detailed account of the information provided and also justifying denial of information to some of the queries. A copy of the same has been duly sent to the Appellant.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present through video conference Respondent: Shri Divya Mittal - CPIO/Admnv. Officer was present through video conference during hearing During the course of hearing, the Appellant admitted having received the written submission, and he contended that complete information had not been provided to him under wrongful pretexts by the Respondent. The Respondent stated that information available on record and as permissible under the provisions of the RTI Act had been duly provided to the Appellant. He further averred that information Page 3 of 4 which had been denied was duly supported by appropriate legal explanation and relevant legal precedents.
Decision:
Upon perusal of records of the case and hearing averments of the Respondent, the Commission is of the considered opinion that information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly furnished to the Appellant, in terms of the provisions of the RTI Act. The denial of some of the information has also been satisfactorily supported by legal provisions and decisions. Since appropriate information has been furnished by the Respondent, no further intervention is warranted in this case, under the RTI Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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