Central Information Commission
Mangi Tejeswara Rao vs National Council Of Educational ... on 7 February, 2023
CIC/NSERT/A/2021/660600
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/NSERT/A/2021/660600
In the matter of:
Mangi Tejeswara Rao ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
National Council of Educational
Research and Training,
Sri Aurobindo Marg,
Adchini, NCERT Campus,
New Delhi -110016
Relevant dates emerging from the appeal:
RTI Application filed on : 23.08.2021
CPIO replied on : 16.09.2021
First Appeal filed on : 12.10.2021
First Appellate Authority order : 10.11.2021
Second Appeal received on : 15.12.2021
Date of Hearing : 31.01.2023
The following were present:
Appellant: Shri Mangi Tejeswara Rao, participated in the hearing through
video conferencing from NIC Srikakulam
Respondent: Shri Manish Singhal, Deputy Secretary & CPIO, Shri
Devinder Kumar, Under Secretary and Shri Bijender Singh, LDC,
participated in the hearing in person.
Page 1 of 6
CIC/NSERT/A/2021/660600
ORDER
Information sought:
The Appellant filed an online RTI Application dated 23.08.2021 seeking information as under:
"Can the protest application of MANGI TEJESWARA RAO the key for PRT recruitment test vide recruitment notification 166/2016 was revised. The same was informed to the candidate. Please provide revised selection and waiting list prepared taking into consideration the revised key."
The PIO, National Council of Educational Research and Training, New Delhi vide letter dated 16.09.2021, informed to the Appellant as under:
Being dissatisfied, the Appellant filed a First Appeal dated 12.10.2021. The First Appellate Authority vide order dated 10.11.2021, informed as under:
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.Page 2 of 6
CIC/NSERT/A/2021/660600 Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the information provided by the Respondent qua the instant RTI Application. He further added that the averred result was revised after the selection process was over.
The Respondent submitted that revised selection and waiting list as sought by the Appellant in the instant RTI Application is not available in their records. He added that the averred selection was done on the basis of pre revised list.
The Commission interjected and quizzed the Respondent that if there was some discrepancy in the examination because of which the result got revised then how the selection can be done on the basis of pre revised list to which the Respondent could not provide a cogent reply. The Respondent further added that the averred result was revised by the controller of examination but controller of examination has not prepared any revised selection and waiting list.
The Commission interjected and remarked the Respondent that the Commission is not convinced by their submission and if the result was revised, then how come a revised selection list was not prepared. The Respondent concurred with the remarks of the Commission.
A written submission has been received by the Commission from Shri Manish Singhal, Deputy Secretary & PIO R-I Section, NCERT, vide letter dated 25.01.2023, wherein the commission has been apprised as under:Page 3 of 6
CIC/NSERT/A/2021/660600 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that as per the submissions made by the Respondent, the averred result was revised by the controller of examination after declaration of result but controller of examination has not prepared any revised selection and waiting list and accordingly the same is not available in their records and the Commission is not at all convinced by such submissions of the Respondent and the same seems to be evasive and misleading in nature. Hence, the Commission deems it fit to direct the Respondent Public Authority to make effort to search their database/records in a prudent manner to find/locate the relevant records in their official records and provide the same to the Appellant subject to its availability, with Page 4 of 6 CIC/NSERT/A/2021/660600 a copy marked to the Commission within 15 days from the date of receipt of this order. In the event Respondent is required to seek further assistance from any other office/officer for compliance with the above directions, the same shall be sought under Section 5(4) of RTI Act. On the contrary, if the relevant record is still not found in the official records of the Respondent, the Commission deems it fit to direct the Respondent to submit an appropriate affidavit, on non-judicial stamp paper deposing the factum of non-availability of the relevant record as sought by the Appellant. The said affidavit should be submitted to the Commission with its copy duly endorsed to the Appellant, within 45 days from the date of receipt of this order.
Be that as it may, keeping in view the aforesaid anomalies, the Commission deems it fit to mark a copy of this order to the Director, NCERT to take note of the aberration of RTI Act being manifested in the Respondent public authority's office. The Director, NCERT is directed to sensitize their staff/officials regarding the provisions of RTI Act by way of training workshops etc. and putting in place a coherent system of checks and balances.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमतापांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 07.02.2023 Page 5 of 6 CIC/NSERT/A/2021/660600 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) National Council of Educational Research and Training, Sri Aurobindo Marg, Adchini, NCERT Campus, New Delhi -110016
2. The Central Public Information Officer (CPIO), National Council of Educational Research and Training, Sri Aurobindo Marg, Adchini, NCERT Campus, New Delhi -110016
3. Mr. Mangi Tejeswara Rao Copy to:
Director, NCERT, Department of Elementary Education 3rd & 4th Floor G. B. Pant Block NCERT, Sri Aurobindo Marg, New Delhi-110016 Page 6 of 6