Central Information Commission
Umesh Chandra Lavania vs University Grants Commission on 8 May, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सूचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगानाथ माग
Baba Gangnath Marg,
मुिनरका, नई द ली -110067
Munirka, New Delhi-110067
Decision no.: CIC/UGCOM/A/2017/180482/00593
File no.: CIC/UGCOM/A/2017/180482
In the matter of:
Umesh Chandra Lavania
... Appellant
VS
Central Public Information Officer
University Grants Commission (UGC)
Bahadur Shah Zafar Marg,
New Delhi - 110 002
... Respondent
RTI application filed on : 03/08/2016 CPIO replied on : 22/08/2016 First appeal filed on : 18/05/2017
First Appellate Authority order : 30/10/2017 Second Appeal dated : 27/11/2017 Date of Hearing : 07/05/2019 Date of Decision : 07/05/2019 The following were present: Appellant: Present
Respondent: Shri Kundla Mahajan, Under Secretary & CPIO, UGC.
Information Sought:
The appellant has sought the following information:
1. Details about the biographic/academic credentials of Dr. Achyuta Samanta on the basis of which he had fulfilled the required qualifications as prescribed by the UGC for appointment as Professor of Chemistry in the School of Applied Sciences at KIIT University, Patia, Bhabaneshwar.1
2. Details about the advertisement/procedure adopted by the KIIT University in accordance of which Dr. Achyuta Samanta has been appointed as member of teaching faculty/professor of Chemistry in the said Deemed University.
3. Role of UGC in monitoring appointment of faculty members in such Universities.
Grounds for Second Appeal The CPIO did not provide the desired information. Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO and wants the relevant copy of the rules for the appointment of Professor. He further submitted that there are certain qualifications which are to be prescribed for such a post and if a person does not possess such qualifications, in such cases what action is taken by the UGC.
The CPIO submitted that an appropriate reply has been provided to the appellant. He further clarified that they do not exercise any control over the Universities and in case a UGC norm is being flouted by any of the University, the proper course is to approach the Ministry of HRD with a complaint.
Observations:
From a perusal of the relevant case records, it is noted that an appropriate reply as per the provisions of the RTI Act has been provided to the appellant by the CPIO. No further relief as far as the RTI application is concerned can be provided to the appellant.
However, it is also noted that the appellant has raised an issue regarding appointment of an officer namely Dr. Achyuta Samanta as the appellant has alleged that the above mentioned person does not possess the required qualifications to be appointed as a Professor of Chemistry in the School of Applied Sciences at KIIT University, Patia and the university while appointing her has flouted the prescribed norms of the UGC. The appellant should note that the CIC cannot go into the question of appointment of any person as the same is outside the jurisdiction of the RTI Act. However, as clarified by the CPIO also, the appellant is advised to file a complaint before the appropriate authority i.e. Ministry of Human Resource Development for obtaining any such relief.2
File no.: CIC/UGCOM/A/2017/180482 Decision:
Based on the above observations, the Commission upholds the reply of the CPIO. No further intervention is required in the matter.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3