Central Information Commission
Mr.Akash Bansal vs Ministry Of Human Resource Development on 8 May, 2013
Central Information Commission
Room No. 308, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No:CIC/RM/A/2012/000401/LS
File No:CIC/RM/A/2012/000352/LS
Appellant : Shri Akash Bansal
Public Authority : Vinayaka Missions University, Salem,
( Tamil Nadu )
Date of hearing : 08.05.2013
Date of Decision : 08.05.2013
FACTS :
Heard today dated 07.05.2013. Appellant present. However, nobody has appeared for the University, despite notice.
2. The appellant submits that he runs an educational institution called Apex International College at Patiala having a large number of students. Seven of his students, mentioned in the RTI application dated 06.12.2011, had appeared in the examination conducted by the said University in the calendar year 2010 but the DMCs of these students have not been issued by the University so far. He also submits that his protracted correspondence with the University authorities has not yielded any result. The names and other particulars of the students whose DMCs have not been issued are given below :
"1.Sumeera Sharma M Sc Chemistry Part 2 VMU CV 2010 Reg No.203051090420
2.R Ramadevi, MA English Part 2, VMU CY 2010 Reg No.201011090708
3.Ramanjot Kaur , MSc Botany Part 2, VMU CY 2010,Reg No.2030410900301 4,JaswinderKaur, MSc Chemistry Part 2, VMU CY 2010 Reg No.2030511090301
5.Hardeep Singh, MSc Botany Part 1,VMU CY 2010 Reg No.203041100008
6.Sunny Gupta, MSc Chemistry Part 2, VMU CY 2010 Reg No.20305109079
7.Satinder Kaur, MSc Chemistry Part 2, VMU CY 2010,Reg No.203051090080
3. It is also his r contention that the said University is a 'public authority' u/s 2(h) of the RTI Act. 2005 as intimated to him by the Joint Secretary of the UGC vide letter dated 04.05.2012. The aid letter is reproduced below :-
"Shri Akash Bansal, Apex International College, SCO-138, Ground Floor, Chhoti Baradari Patiala - 147 001.
Subject : Appeal under Right to Information Act 2005 Sir, This has reference to your appeal dated 16.04.2012 against non supply of required information by Vinayaka Mission's Research Foundation, (Deemed to be University), Salem, Tamilnadu. Your appeal has been examined and it has been found that since the information required bny you was not available with UGC and is related to Vinayaka Mission's Research Foundation (Deemed to be University), Salem, Tamilnadu, your applications dated 14.01.2012 and 09.04.2012 were transferred to the deemed to be university. Further, your appeal dated 16.04.2012 is also being transferred to the Deemed to be University for providing you the required information under RTI Act, 2005. In future, any information related to the Vinayaka Mission's Research Foundation may be obtained directly from them as all the deemed to be universities are covered under RTI Act, 2005."
4. From the UGC's letter cited above, it is crystal clear that Vinayaka Missions University is a 'public authority' u/s 2(h) of the RTI Act and, therefore, is bound under law to respond to the RTI applications. Non- response to the RTI application of the appellant is clear violation of law.
5. Be that as it may, the Registrar of the Vinayaka Missions University, NH-47, Sankari Main Road, Ariyanoor, Salem, Tamilnadu - 636 308 is hereby directed to issue the DMCs of above mentioned students immediately failing which the Commission would be compelled to initiate penal action against him.
6. This order may be complied with in 05 weeks.
File No:CIC/RM/A/2012/000352/LS
7. In the RTI application dated 16.02.2012, the appellant had sought the reasons for delay in the issue of DMCs in respect of the following students :
"1.Sumeera Sharma M Sc Chemistry Part 2 VMU CV 2010 Reg No.203051090420
2.R Ramadevi, MA English Part 2, VMU CY 2010 Reg No.201011090708
3.Ramanjot Kaur , MSc Botany Part 2, VMU CY 2010,Reg No.2030410900301 4,JaswinderKaur, MSc Chemistry Part 2, VMU CY 2010 Reg No.2030511090301
5.Hardeep Singh, MSc Botany Part 1,VMU CY 2010 Reg No.203041100008
6.Sunny Gupta, MSc Chemistry Part 2, VMU CY 2010 Reg No.20305109079
7.Satinder Kaur, MSc Chemistry Part 2, VMU CY 2010,Reg No.203051090080
8.Renu Agarwal,MA English Part 2,VMU 2010-2011,Reg No.201013090424
9.Tanveer Dhingra Singh,MSc Physics Part 2, VMU 2010-2011 Reg No.203090088
10.Sumeet Singh Chahal,MSc Maths Part 2,VMU 2010-2011 Reg No.203073093056
11.Raminder Sharma,MA Education Part 2,VMU 2010-2011, Reg No.207023090138
12.Sandeep Kumar Gupta,MSc MLT Part 2 VMU 2010-2011, Reg No.206043090004
13.Gurjit Singh,MA English Part 2, VMU 2010-2011, Reg No.201013090172
14.Davinder Kaur,MA English Part 2,VMU 2010-2011, Reg No.201013090423
15.Hardeep Singh, BBA Part 2, VMU 2010-2011, Reg No.104043090521"
8. During the hearing, the appellant submits that the CPIO has not responded to the RTI application at all, compelling him to file the present appeal before this Commission.
9. The order passed in the preceding case is applicable in the present case also. The Registrar of the University is hereby directed to issue DMCs of students mentioned above in 04 weeks time failing which the Commission would be compelled to initiate penal action against him.
( M.L. Sharma ) Information Commissioner Authenticated. Additional copies of the order shall be supplied on application and payment of fees, as per RTI Act, to the CPIO of the Commission.
(K.L.Das) Dy Registrar Address of the Parties :- (l)The CPIO, (2) Shri Akash Bansal, Apex International , Vinayaka Mission's Research College, SCO 138, Ground Floor, NH-47, Sankari Main Road, Chhoti Baradari, Patiala, Punjab Ariyanoor, Salem, Tamilnadu PIN 147 001 PIN 636 308