Central Information Commission
Ms.Maitreyee Rai vs Indian Institute Of Technology Bombay on 22 May, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai,
New Delhi -110 067.
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2009/000454/3389
Appeal No. CIC/ SG/A/2009/000454
Relevant Facts emerging from the Appeal:
Appellant : Ms.Maitreyee Rai
A-3/126, Paschim Vihar
New Delhi-110063.
Respondent : The PIO
Indian Institute of Technology Bombay Powai, Mumbai-400 076.
RTI application filed on : 22/12/2008 PIO replied : 21/01/2009 First Appeal filed on : 26/01/2009 First Appellate Authority order : 20/02/2009 Second Appeal filed on : 14/03/2009 Detail of required information:-
Kindly provide me the following information related with mood Indigo team & IIT Mumbai regarding "She's got the look" contest Mood Indigo 2008 as following quires:
1. After winning whether the three winners of the contest 'She's Got the Look"
Mood Indigo 2008 will be eligible for Femina Miss India Contest Semi-Finals or the Regional round of Femina Miss. India Semifinals.
2. What the eligibility criteria for getting registered in contest "She's Got the Look' Mood Indigo 2008.
3. What were the last date & time of the closure of registration for the contest 'She's Got the Look" Mood Indigo 2008.
4. Please kindly provide me with all details, voucher of rules & regulation of the condition & selection criteria in the contest "She's Got the Look" Mood Indigo 2008.
5. Please give me the name of the judges along with their occupation and relevant qualification & their final comment as well as rating, ranking and scoring given by them to all the candidates who participated in contest "She's Got the Look" Mood Indigo 2008.
6. Give me the list of the all the candidates who got registered for contest "She's Got the Look" Mood Indigo 2008 along with their registration number & date and time of registration.
7. Provide me all the details of Age, height, weight along with other physical parameter, colleges they are in & their educational qualification of the registered candidates who got registered for contest "She's Got the Look"
Mood Indigo 2008.
8. List of the candidates who were selected, in the order of the different rounds they appeared in and qualified for the subsequent round of the contest "She's Got the Look" Mood Indigo 2008 along with the final comments & ratings scoring given by the judges to them and reason for their selection or elimination in different rounds
9. List of the candidates who are eliminated at any stage of the contest "She's Got the Look" Mood Indigo 2008 along with the final comments, ratings and ranking given by the judges to these candidates along with the round they were eliminated from & reasons for their elimination.
10. What was the criteria & basis of selection as well as eliminations from different rounds of the contest "She's Got the Look" Mood Indigo 2008.
11. What was the criteria for selection & elimination in the walk in interview round of the contest "She's Got the Look" Mood Indigo 2008.
12. What was the criteria for selection & elimination in the grand final of the contest "She's Got the Look" Mood Indigo 2008.
13. Name of the candidates who will be selected finally in the contest "She got the Look" Mood Indigo 2008 along with age, height, weight other physical parameter, their college, educational qualifications and reason for their selection by the judges.
14. Those who were selected & eliminated in the contest "She's Got the Look"
Mood Inidgo 2008, whether they were intimated about their result or not, if yes what was the mode of giving the information & at what date & time. And if not what the reasons behind not information them their result.
The PIO replied.
With reference to your application dated 22.10.2008 under RTI Act, 2005. Your request was sent to the organizer of Mood Indigo. Based on their reply it is informed that Mood Indigo is financed by corporate sponsorship and not 'substantially financed' by funds provided either by the Central Govt. or the Union territory administration, or by the State Govt. Therefore, Mood Indigo is not a Public Authority under RTI Act, 2005. However, in the interest of transparency, the relevant information is being updated by the organizers on the website of Mood Indigo www.moodi.org/missinida.
The First Appellate Authority ordered:
The PIO has rightly responded to the applicant, stating that Mood Indigo is not a Public Authority under RTI Act, 2005. The PIO is, thus, correct in dealing with the application.
Relevant Facts emerging during Hearing on 1st May, 2009.
The following were present Appellant : Ms.Maitreyee Rai Respondent : Ms. Indu Saxena PIO The appellant stated that IIT has complete control over the Mood Indigo festival, whereas the PIO states that the festival is corporate funded and organised only by students and hence, no records are maintained by IIT. The Commission asked the PIO to send a certificate from the Director, IIT Bombay giving details of control and the financing of Mood Indigo festival. IIT Bombay was asked to send the Director's certificate to the appellant and the Commission by 10 May 2009 and the appellant was asked to file her comments on the statement of the IIT Bombay Director with the Commission before 20 May 2009.
The Commission has received the statements from the Director, IIT Bombay as well as from the appellant.
Decision announced on 22 May 2009:
The Right to Information Act, 2005 in Section 2(h) elucidates that information pertaining to an authority should be provided to the citizen when it is owned, controlled or substantially financed by the State.
The Respondent is undoubtedly a Public Authority as defined by the Act. It appears however that its role in conducting the annual event 'Mood Indigo' is restricted. The event is run entirely on corporate funding and is not funded even substantially by the College.
According to the submission of the Director, IIT Bombay, "The organizers of Mood Indigo are a group of students of IIT Bombay, who are elected by student community and do not have any Professor/Officer of IIT Bombay controlling their affairs. The Mood Indigo Committee consists of 2 overall coordinators and 22 core group members, all of whom are students."
He further states that "IIT Bombay does not have any authority to stop or to make payment to any party. All agreements and any other documents correspondence, etc. are signed by the student co-ordinators and their team. IIT Bombay does not exercise any control on sponsorship, programmes and related issues." The concerned Committee, comprising of students, takes all decisions pertaining to payments and funding. All agreements in this matter are signed by student coordinators.
From the Director's submission therefore, it appears that the records are not held by the public authority. It is also true that students festivals of this nature are often not controlled by the Institutes and records are not maintained by the Institutions.
The Appellant has stated in her submissions that since the event is organized within IIT Bombay, the college exercises some degree of control over the event. Also, according to her, the facilities provided by the college for this event suggests that they have some role in organizing this event.
However, as per the submission of the Director, IIT Bombay, the fact that the name of the college is associated with the event in question is not indicative of its control over the management of the event. It is further made clear from his submission that the facilities of the college such as housing and auditorium are provided on a payment basis.
The appeal is dismissed.
Shailesh Gandhi Information Commissioner 22 May 2009 (In any correspondence on this decision, mentioned the complete decision number.)