Indian Kanoon - Search engine for Indian Law

Central Information Commission

Ranjan Karmakar vs All India Council For Technical ... on 25 July, 2025

                                      के ीय सूचना आयोग
                              Central Information Commission
                                   बाबा गं गनाथ माग,मुिनरका
                               Baba Gangnath Marg, Munirka
                                 नई िद    ी, New Delhi - 110067
िशकायत सं        ा / Complaint No. CIC/AICTE/C/2024/654456


 Ranjan Karmakar                                              ...िशकायतकता/Complainant

                                           VERSUS
                                            बनाम

 CPIO:
 All India Council for Technical Education                        ... ितवादीगण /Respondents
 (AICTE),
 New Delhi


Relevant dates emerging from the complaint:

 RTI : 26.11.2024                FA      : 03.12.2024              Complaint : 07.12.2024

 CPIO : 28.11.2024               FAO : 06.12.2024                  Hearing   : 16.07.2025


Date of Decision:25.07.2025

                                          CORAM:
                                    Hon'ble Commissioner
                                  _ANANDI RAMALINGAM
                                         ORDER

1. The Complainant filed an RTI application dated 26.11.2024 seeking information on the following points:

1) In which clause of Pragati Scholarship Guideline it is mandated that due to non-

furnishing of application in a particular year disqualifies a candidate for renewal of her scholarship for next year?

2) My daughter Kumari Rwitushree Karmakar (Pragati application id WB202223007489941) neither failed nor dropped out. Drop out or failed to promote are the only bar to disqualification of candidature of scholarship for renewal So why she is denied to renew for current year?

2. The CPIO replied vide letter dated 28.11.2024 and the same is reproduced as under:-

1: This clause is written in the FAQ in question number 7. You can visit the below link of AICTE Pragati website: -

https://www.aicte-india.org/sites/default/files/stdc/Pragati/FAQs- Pragati%20Scheme.pdf 2: You are informed that the application for the academic year 2023-24 was not submitted by the student on the NSP portal. In this regard, but if the student does not renew, drop out or failed any academic year then the student is not eligible for Pragati Scholarship Scheme.

3. Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 03.12.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 06.12.2024 stated that:

1: This clause is written in the Pragati guidelines point no. 10.0 (1) for renewal.

"The scholarship will be renewed for the next year of study on receipt of renewal through National Scholarship Portal by submitting passing certificate/ marksheet along with letter from the Head of the Institution on the online portal."

2: National Scholarship Portal(NSP) of Govt. of India allows to submit the application for renewal to only those scholars who has availed the scholarship in current year.

4. Aggrieved with the FAA's order, the Complainant approached the Commission with the instant Complaint dated 07.12.2024.

5. The Complainant appeared in VC through authorized representative Mr. Benoy Brata and on behalf of the respondent Mr. Pravindra Kumar, DEO & Mr. Kamal Singh, Assistant Director attended the hearing in person.

6. The Complainant inter alia submitted that his daughter ought to have received scholarship and the CPIO & FAA replies on the information sought by him are contradictory.

7. The respondent while defending their case inter alia submitted that appropriate reply has been provided to the appellant and further the appellant's daughter has not renewed her scholarship. The Written Submission dated 15.07.2025 filed by the Respondent is taken on record.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that even though the complainant sought questions/clarifications in his RTI application, the CPIO & FAA has provided available information in keeping with the spirit of the RTI Act. However, the CPIO & FAA ought to have claimed exemption under Section 2(f) of RTI Act as the information sought by the appellant is in the nature of clarifications/questions and the same is not covered u/s 2(f) of RTI Act. In this regard, the attention of the appellant is drawn towards a judgment of the Hon'ble Supreme Court in Central Board of Secondary Education &Anr. vs. Aditya Bandopadhyay & Ors [Civil Appeal No.6454 of 2011] date of judgment 09.08.2011. The following was thus held:

"....A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide 'advice' or 'opinion' to an applicant, nor required to obtain and furnish any 'opinion' or 'advice' to an applicant. The reference to 'opinion' or 'advice' in the definition of 'information' in section 2(f) of the Act, only refers to such material available in the records of the public authority......."

9. The Complainant has raised the issue of different replies by the CPIO & FAA, but the Commission finds no merit in this as the CPIO & FAA has provided available information and replied to the complainant in keeping with the spirit of the RTI Act as the appellant sought answers to questions/clarifications in his RTI Application. Further, due to lack of mala fide intention on the part of the Respondent, the instant complaint is closed.

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

Sd/-

(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 25.07.2025 Authenticated true copy O. P. Pokhriyal (ओ.पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1. The CPIO, All India Council for Technical Education (AICTE), Nelson Mandela Marg, Vasant Kunj, New Delhi - 110070

2. Ranjan Karmakar Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)