Central Information Commission
Aman Sisodiya vs University Grants Commission on 27 August, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच
ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File No.: CIC/UGCOM/A/2019/600318
In the matter of:
Aman Singh Sisodiya
... Appellant
VS
Under Secretary & CPIO,
University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi - 110002
...Respondent
RTI application filed on : 07/06/2018 CPIO replied on : 28/08/2018 First appeal filed on : 03/09/2018
First Appellate Authority order : Not on record Second appeal filed on : 06/01/2019 Date of Hearing : 19/08/2020 Date of Decision : 19/08/2020 The following were present:
Appellant : Present over phone Respondent: Sh. D.S. Baniwal, Under Secretary (Pay Scale) and CPIO, present over phone Information Sought:
The appellant has sought a certified copy of UGC regulations notified for the first time making National Eligibility Test for Lectureship or PhD as minimum mandatory qualification for the appointment of lecturers, physical education personnel and librarian in universities and colleges.1
Grounds for Second appeal The CPIO has provided incomplete and vague information.
Submissions made by Appellant and Respondent during Hearing:
The appellant in his second appeal submitted that despite his specific request for copies, the CPIO guided him to visit the website to obtain copies. He pressed for the copies free of cost and action against the CPIO u/s 20 of the RTI Act.
The CPIO submitted that he sent a revised reply by speed post on 10th Aug 2020 and also via email.
The appellant contended that he asked for certified copies and the same was not yet given.
The CPIO submitted that an apt reply was given by the CPIO vide letter dated 28.08.2018. Further vide his written submissions dated 10.08.2020, he stated that the appellant's appeal dated 03.09.2018 was not received in the Pay Scale Section of UGC. However, as desired by the appellant in his appeal dated 03.09.2018, a copy of the UGC Regulation (Minimum Qualifications Prescribed for the Appointment of Lectures, Readers and Professors in subject other than Fine Arts, Management, Engineering and Technology in Universities and Colleges) 1991, is being provided for his reference, which is self explanatory.
He further submitted that the regulation given by him was a Gazette notification and hence was not required to be certified being already published in the Government Gazette. The appellant further pointed out that he wanted a specific query to be answered as to when for the first time NET qualification was made compulsory for Lectureship or PhD as minimum mandatory qualification for the appointment of Lecturers, Physical Education Personnel and Librarian in universities and colleges.
Observations:
Based on a perusal of the record, it was noted that the following reply was given by the CPIO:
"Please refer to the UGC regulations Minimum qualifications prescribed for the appointment of Lecturers, Readers and Professors in subject other than Fine Arts, Management, Engineering and Technology in Universities and Colleges, 1991 which are self explanatory and available on UGC website www.ugc.ac.in."2
The FAA vide order dated 10.09.2018 in respect of first appeal dated 27.08.2018 held as follows:
"................In this regard, I find that since the query of the appellant did not pertain to NET Bureau, the PIO transferred it to the PIO, Pay Scale Bureau of UGC vide this office letter of even number dated 29.06.2018."
The recent submissions show that the specific copy desired by the appellant was given vide letter dated 10.08.2020. The CPIO should have provided the same reply at the relevant point of time. It is also pertinent to mention here that the relevant hyperlink was also not given in the CPIO's reply. The delay was avoidable and therefore the CPIO is warned to remain careful in future with regard to the laid down time lines.
The Gazette of India is a public journal and an authorised legal document of the Government of India, published weekly by the Department of Publication, Ministry of Housing and Urban Affairs. As a public journal, the Gazette prints official notices from the government and hence as pointed out by the CPIO these do not to be certified.
Decision:
In view of the above observations, the Commission finds no infirmity in the CPIO's recent reply in which the copy of the relevant regulation was given. Moreover, the applicant in his RTI application only asked for a copy of the regulation not the date of implementation of the regulation. Therefore, there is no scope for any further relief. Moreover, the copy of the regulation being given by the CPIO being a gazette notification, a certified copy is not mandatory.
The Appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3