Central Information Commission
Mr.Varun Bansal vs Ministry Of Human Resource Development on 23 July, 2013
CENTRAL INFORMATION COMMISSION
(Room No.308, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/RM/A/2012/000306/LS
Varun Bansal
Vs.
Hemvati Nandan Bahuguna Garhwal University
23 July, 2013
FACTS
This matter was initially heard on 12.6.13. The proceedings of the day are extracted below:
File No.:CIC/RM/A/2012/000306/LS Appellant : Shri Varun Bansal Public Authority : HNB Garwal University, Srinagar Date of hearing : 12.06.2013 Date of Decision : 12.06.2013 FACTS Heard today dated 12.6.13. Appellant not present. The public authority is represented by Dr.A.K.Mohanty, Dy. Registrar (CPIO).
2. Vide RTI application dated 6.2.12, the appellant had sought the following information:
i) Is it necessary to take Essentiality Certificate from State Govt. for new medical college.
ii) Who is the competent authority to issue Essentiality Certificate in the University.
iii) is HNB Garhwal University can issue this certificate to the new medical college.
3. Para No.01 does not concern the HNB University. Hence, the CPIO is not required to respond to it. However, para Nos.02 and 03 concern the University. Hence, the CPIO is required to respond to these paras in categorical terms in 04 weeks time.
2. The matter was subsequently heard on 20.6.13. The proceedings of the day are extracted below:
File No.CIC/RM/A/2012/000306/LS (Varun Bansal - Vs - HNB Garwal University, Srinagar) This is in continuation of this Commission's proceedings of 12.6.13.
2. Shri Varun Bansal appears before the Commission today dated 20.6.13 and submits that he should be heard in this matter in the presence of the representative of the University so that he can put across his view point forcefully for remedial action. His request is accepted and the matter is adjourned to 23.7.13 at 1030 hrs. Notice be issued to the University for its proper representation.
3. The matter is further heard today dated 23.7.13. The appellant is present along with his father Dr.Debendra Pal. The University is represented by Shri A.Zaman, Dy. Registrar.
4. The matter, in short, is that the appellant had taken admission in Narayan Swami Medical College, Dehradun, in 2008 under the belief that this Medical College had been recognized by the University. He studied there for one year. But in the second year, he came to know that the recognition had been withdrawn. He was, therefore, left in the lurch. In this connection, vide RTI application dated 6.2.12, he had sought information on eleven paras. In the first para, he had sought to know as to whether the said Medical College was mandated to seek Essentiality Certificate from the State Govt. or the University. In the second para, he had sought to know the designation of the authority who was competent to issue Essentiality Certificate in the University and so on. This RTI application was responded to by the CPIO vide letters dated 27.2.13, 15.3.13 and 20.3.13.
5. During the hearing, the appellant has made two main submissions. His first and foremost submission is that the Essentiality Certificate was issued by Shri Brij Mohan Shah, who claims to be a Deputy registrar. Subsequent developments, however, have shattered his hopes and ruined his career. He, therefore, wishes to seek inspection of the entire records relating to the matter in hand and to take copies there from. His second submission is that he had filed the RTI application on 6.2.12. The first response that he got from the CPIO was 27.2.13 i.e. after a gap of more than one year. Thus, the CPIO has not responded to the RTI application in the prescribed period of thirty days and has, therefore, failed to properly discharge his duties. If the CPIO had furnished requisite information within the prescribed period, it would have enabled him to agitate this matter before the relevant judicial forum. In the absence of this information, he could not take recourse to law and has, therefore, suffered detriment in terms of section 19(8)(b) of the RTI Act. He, therefore, pleads that adequate compensation must be awarded to him .
6. In view of the above discussion, the Commission passes the following order:
a) The appellant or his representative may be given inspection of the entire records in which the matter of issue of Essentiality Certificate and consent of affiliation was dealt with in the University: &
b) Compensation of Rs.25,000/ is awarded to the appellant.
The Registrar of the University would remit an amount of Rs25,000/ to the appellant through Demand Draft.
7. This order may be complied with in five weeks.
Sd/ (M.L.Sharma) Information Commissioner Authenticated true copy . Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L.Das) Deputy Registrar Address of parties
1. The CPIO Hemwati Nandan Bahuguna Garhwal University Srinagar Uttrakhand 246 174
2. Shri Varun Bansal H.No.124, St.No.3 Green Avenue Bibi Wala Chowk Bathinda Punjab