Central Information Commission
Dr.Madhu Rani vs Aligarh Muslim University on 9 April, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001231/11944
Appeal No. CIC/SG/A/2010/001231
Relevant Facts emerging from the Appeal:
Appellant : Dr. Madhu Rani
M-43, Mahavir Park Marris Road,
Aligarh 202001
Respondent : Dr. Zeba Hasan
Public Information Officer & Chairperson Aligarh Muslim University D/o. Fine Arts, Aligarh 202002, U. P. RTI application filed on : 10/03/2010 PIO replied : 01/04/2010 First appeal filed on : 12/04/2010 First Appellate Authority order : 21/04/2010 Second Appeal received on : 11/05/2010 Notice of hearing sent on : 11/03/2011 Hearing held on : 09/04/2011 Sl. Information Sought Reply of the PIO
1. Certified copy of the letter of the Chairman/Dean Documents sought under (1) & (2) are not send to the V.C for granting permission to available in the records of this Department as suspend the classes of Department of Fine Arts these were not required as the classroom from 3rd to 6th March 2010. studies of the Department of Fine Art from 3
2. Certified copy of the letter of the V.C send to the to 6th March 2010. was organized into Chairman/Dean granting permission to suspend academic field workshop for the students of the classes of Department of Fine Art from 3td to Department 31 Fin Art on the occasion of the 6th March2010. Artist in Residency" Programme in which participation of the students of; the Department of Fine Art was required as practical classes.
3. In case no. letter was send by the Dean, F/o Arts In view of the above reply, queries raised at or the Chairman, Dept. of Fine Arts then the (3) & (4) are void. provisions under which the rules of the University whereby a Dean or the Chairman can suspended classes without taking permission from the competent authority.
4. If there is no -such provision in the, rules of the University -then what action would the University' authorities must take on the official/functionary for issuing such a letter/circular and going beyond his jurisdiction.
First Appeal:
The complete information was not provided. PIO should either provide the information or state that no such letter was sent by Chairman/Dean/VC.
Order of the FAA:
As per you appeal I am providing the correct information as hereunder: 1- No copy of the letter of the Chairman, Dept. of Fine Arts/Dean sent to the Vice-Chancellor for granting permission to suspend the classes of Dept. of Fine Arts from 3rd to 6 March, 2010 is available in the records of the Department of Fine Arts, as the classes were not suspended.
2- No copy of the letter of the Vice-Chancellor send to the Chairman/Dean granting permission to suspend the classes of the Dept. of Fine Arts from 3rd to 6th March, 2010. 3- The information sought is hypothetical in nature and therefore, does not fall under the purview of RTI Rules.
4- The information sought is hypothetical in nature and therefore, does not fall under the purview of RTI Rules.
Information under the RTI Act, 2005 Department of Fine Arts vide her office letter is provided as per available record in the R.No. 1374/DFA dated: 16.04.2010 (copy enclosed). The information vide above letter no. and date:: has been provided on the basis of available record in the Department of Fine Arts and requires no further information. With the above observations the appeal' of Dr. Madhu Rani, Aligarh stands disposed of.
Ground of the Second Appeal:
Complete information was not provided.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Dr. Madhu Rani on telephone through mobile no. 09897401279; Respondent : Dr. Zeba Hasan, Chairperson Department of Fine Arts AMU;
The information available on the records has been provided. The appellant is seeking justification of actions which are not on the records.
Decision:
The Appeal is disposed.
The information available on the records has been provided. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 09 April 2011 (In any correspondence on this decision, mention the complete decision number.) (SM)