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Central Information Commission

Vipul Kumar vs National Council For Teacher Education on 5 June, 2024

                                   केन्द्रीय सूचना आयोग
                         Central Information Commission
                              बाबा गंगनाथ मागग ,मुननरका
                          Baba Gangnath Marg, Munirka
                              नई निल्ली, New Delhi - 110067
निकायत संख्या / Complaint/Second Appeal No. CIC/NCTED/C/2023/116793+
                                            CIC/NCTED/A/2023/107789

Vipul Kumar                                       ...निकायतकताग/Complainant/Appellant

                                         VERSUS
                                          बनाम

CPIO:
1. National Council For Teacher Education,
Delhi
2. University Grants Commission,
New Delhi                                                       ...प्रनतवािीगण/Respondent

Relevant dates emerging from the complaint:

S.     File No. RTI             CPIO            FA            FAO           SA &
No.                                                                         Complaint
1      116793    14.12.2022   05.01.2023 07.02.2023 Not on record           11.04.2023.
                              &
                              03.01.2023
 2      107789 14.12.2022 22.12.2022 26.12.2022 24.01.2023             13.02.2023
                              &
                              03.01.2023
The instant set of appeal & complaint have been clubbed for decision as these relate
to the same RTI Application.

Date of Hearing : 03.06.2024
Date of Decision: 05.06.2024

                                CORAM:
                          Hon'ble Commissioner
                      SMT. ANANDI RAMALINGAM
                                ORDER

RTI-I:- CIC/NCTED/C/2023/116793 Page 1 of 7

1. The Complainant filed an RTI application dated 14.12.2022 seeking information on the following points:

(i) Total number of Private Universities exists as on 10.12.2022.

(ii) Details of all private Universities like name, address, courses wise seats allotted & DD/MM/YYYY of recognition.

(iii) Copies of building plan for the teacher education programs/courses (Each Private University and courses/programs wise data).

a) Building compliance certificate/s with all NCTE official remarks.

b) Change of land use certificate/s, IF ANY.

(iv) Details of all inspection/s & verifications done by NCTE officials till date with ALL NOTING PORTION ALONG WITH CORRESPONDANCE FROM BOTTOM TO TOP. (Each Private University and course/program wise data)

(v) Copies of FDR (Each Private University and course/program wise data) ..., etc./ other related information 1.1. The CPIO, UGC, replied vide letter dated 03.01.2023 and the same is reproduced as under:-

"List of Private Universities with recognition/notification date is available on UGC website i.e. www.ugc.ac.in under the link https://www.ugc.ac.in/oldpdf/Private%20University/Consolidated_L ist Private Universities.pdf."

1.2. The CPIO, NCTE, replied vide letter dated 05.01.2023 and the same is reproduced as under:-

"Point No. (i) & (ii): The RTI application is being transferred to PIO, University Grants Commission (UGC) u/s 6(3) to supply the information for point no. (a) &(b) to the applicant directly with in stipulated time as per provisions under Right to Information Act, 2005.

Point No. (iii) to (v): The information sought for pertain to third party and cannot be provided under section 8 (1) (j) the RTI Act, 2005. However, with regard to details of staff, physical infrastructure and instructional facilities the applicant may visit the website of the concerned University, as mandated under clause 7(14)(i) and 8(14) of NCTE Regulation 2014."

Etc. 1.3. Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 07.02.2023 alleging that the information provided was incomplete, false and misleading. The order of FAA, if any, is not on the record of the commission.

1.4. Due to non-receipt of any order from the First Appellate Authority, the Complainant approached the Commission with the instant Complaint dated 11.04.2023.

RTI-II:- CIC/NCTED/A/2023/107789

2. The Appellant filed an RTI application dated 14.12.2022 seeking information on the following points:

a) Total number of Private Universities exists as on 10.12.2022.

b) Details of all private Universities like name, address, courses wise seats allotted & DD/MM/YYYY of recognition.

c) Copies of building plan for the teacher education programs/courses (Each Private University and courses/programs wise data)

i) Building compliance certificate/s with all NCTE official remarks.

ii) Change of land use certificate/s, if any.

d) Details of all inspection/s & verifications done by NCTE officials till date with all noting portion along with correspondence from bottom to top. (Each Private University and course/program wise data)

e) Copies of FOR (Each Private University and course/program wise data).

f) Details of all teaching working faculties of current Academic year (Each Private University and course/program wise data) like their:

i. Names with designations.

ii. Permanent and correspondence addresses both and contact numbers. iii. Copies of offer, Joining and appointment letters issued. iv. Details of their Joining and appointment procedures. v. Copies of resignation letters.

vi. Copies of all educational and experience certificates. vii. Verification reports of all educational and experience certificates. viii. Details of Aadhar, PF and gratuity.

ix. Copies of last 12 salary slips issued x. Copies of attendance (either manually or electronically) for last 12 months,

g) Copies of submitted PAR details of last 05 Years, if maintained. (Each Private University and course/program wise data)

i) If not maintained, justified reasons for not maintaining PAR data by NCTE.

ii) If not maintained, details of responsible NCTE officials like their name, designation who involved to help private university illegally to run courses/programs without following mandatory criteria/norms/rules & submitting all supporting documents.

h) Details of discrepancies/irregularities found by NCTE related to queries (c) to

(g) till date. And details of Action Taken reports (Each Private University wise data).

i) Provide the name of First Appellate Authority to whom the applicant can appeal in case of unsatisfactory reply of the application.

2.1. The CPIO replied vide letter dated 22.12.2022 and the same is reproduced as under:-

नबंिु a-b: Transfer u/s 6(3) to PIO, UGC, to provide the required information to the applicant directly.

नबंिु c-h: The information sought for pertains to third party and cannot be provided under Section 8(1) (j) the RTI Act, 2005. However, with regard to details of staff physical infrastructure and instructional facilities the applicant may visit the website of the concerned University, as mandated under clause 7(14)(i) and 8 (14) of NCTE Regulation, 2014.

नबंिु i: Transfer u/s 6(3) to FAA. NCTE, to provide the required information to the applicant directly.

एनसीटीई अनिननयम, ननयम और नवननयम एनसीटीई की वेबसाइट www.ncte.gov.in पर भी उपलब्ध है ।

2.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 26.12.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 24.01.2023 upheld the reply given by the CPIO.

2.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 13.02.2023.

Hearing proceedings & Decision:-

3. The Complainant/Appellant remained absent during the hearing despite notice and on behalf of the respondent Mr. R.I. S Bhardwaj, Under Secretary (UGC) and Ms. Priyanka Jain, Section Officer, attended the hearing in person.

4. The respondent while defending their case inter alia submitted that a response to the RTI application in accordance with the provisions of the RTI Act, 2005, had already been furnished to the Complainant/appellant vide their letters dated 05.01.2023 and 22.12.2022. When enquired by the Commission on point no. 1 and 2 of the RTI application, the respondent from UGS, submitted that website link to access the information on the above-said points had been provided vide letter dated 03.01.2023.

5. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that in file no.

CIC/NCTED/C/2023/116793, the respondent had provided point-wise information or reply to the Complainant vide letters dated 03.01.2023, 05.01.2023. It was not the case that the respondent had not given any reply to the Complainant and no mala fide could be attributed to the decision taken by them. Further, in file no. CIC/NCTED/A/2023/107789, the respondent had provided point-wise information or reply to the appellant vide letters dated 22.12.2022 and 03.01.2023. Further, in the absence of the Complainant/appellant or any additional objections thereof, the averments made by the respondent are taken on record. The respondent while exercising their wisdom provided the information as per record available with them in both the cases. That being so and the replies having been given to the complainant/appellant, there appears to be no merit in the complaint/appeal. With this observation, the complaint/Second Appeal is closed/ dismissed.

Copy of the decision be provided free of cost to the parties.

(Anandi Ramalingam) (आनंदी रामल ंगम) Information Commissioner (सूचना आयुक्त) निनां क/Date: 05.06.2024 Authenticated true copy Col S S Chhikara (Retd) (कनगल एस एस निकारा, (ररटायर्ग )) Dy. Registrar (उप पं जीयक) 011-26180514 (०११-२६१८०५१८) Addresses of the parties:

1. The CPIO National Council For Teacher Education, Nodal CPIO, RTI Cell, G-7, Sector -10, Near Metro Station, Dwarka, Delhi -110075

2. The CPIO University Grants Commission, Nodal CPIO, RTI Cell, Page 6 of 7 Bahadur Shah Zafar Marg, New Delhi -110002

3. Vipul Kumar Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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