Central Information Commission
Rashmi Kumari Sharma vs University Grants Commission on 3 December, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/UGCOM/A/2023/112589
Rashmi Kumari ... अपीलकता/Appellant
Sharma
VERSUS
बनाम
CPIO: University
Grants Commission, ... ितवादीगण/Respondents
New Delhi
Relevant dates emerging from the appeal:
RTI : 14.11.2022 FA : 31.12.2022 SA : 28.02.2023
CPIO : 26.12.2022 FAO : Not on record Hearing : 02.12.2024
Date of Decision: 03.12.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 14.11.2022 seeking information on the following points:
"Kindly provide certified copy of the INFORMATION regarding the date of issuance & dispatch of DEGREE/PASS CERTIFICATE, MIGRATION CERTIFICATE & COLLEGE LEAVING CERTIFICATE TO THE STUDENT i.e ME HAVING ID No.-1808801557, BATCH-2018-2021, EXAM ROLL No.- 184033 by SAI NATH UNIVERSITY, JIRAWAR, CHANDWAY-KUCHU ROAD, ORMANJHI, RANCHI, JHARKHAND.(THE ADMIT CARDS & MARKS- SHEETS OF ALL THE SIX SEMESTERS ARE ATTACHED)"Page 1 of 4
2. The CPIO replied vide letter dated 26.12.2022 and the same is reproduced as under :-
"The Degree, certificates, migration certificate etc are issued by the concerned university only. UGC does not maintain such record. You are requested to approach the Sai Nath University, Ranchi, Jharkhand directly for the information. However, your RTI applicant is being sent to the Sai Nath University, Ranchi, Jharkhand."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 31.12.2022 alleging that the information provided was incomplete, false and misleading. FAA's order, if any, is not available on record.
4. Aggrieved with the non-receipt of the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 28.02.2023.
5. The appellant remained present through video conference and on behalf of the respondent Mr. RIS Bhardwaj, US attended the hearing in Person.
6. The appellant inter alia submitted that she had filed the RTI Application to seek the date of issuance & dispatch of degree/pass certificate, migration certificate & college leaving certificate to her. She did not receive the degree/pass certificate, migration certificate, and college leaving certificate, from Sai Nath University, Ranchi, despite completing all required formalities, paying the fees, and making repeated requests. Consequently, she was unable to apply and attempt any examinations requiring LL.B. as a pre-requisite condition.
7. The respondent while defending their case inter alia submitted that the Appellant was advised to approach the Sai Nath University, Ranchi, Jharkhand directly for the information, as the degree, certificates, migration certificate etc. are issued by the concerned university only. He explained that the exact process and responsibility for responding to RTI queries rest with the specific university authorities, and the UGC does not directly maintain or provide such records. When queried by the Commission regarding the query sought by the Appellant regarding the date of issuance & dispatch of Page 2 of 4 degree and other certificates, he agreed that as they have an indirect control over the University and hence can procure the information regarding the date.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that Sai Nath University, Ranchi, Jharkhand, is recognized under Section 2(f) of the UGC Act, 1956. The University Grants Commission (UGC), as a statutory authority, exercises indirect regulatory and supervisory control over such universities to ensure compliance with norms and standards prescribed under the UGC Act. While the UGC has contended that it does not directly maintain records related to the issuance of degrees, certificates, and related information by the said university, the Commission finds that the UGC, by virtue of its role, holds an overarching responsibility to ensure accountability and transparency in the functioning of the universities it recognizes. The inability of the UGC to furnish the requested information undermines the spirit of the RTI Act, which aims to promote openness in the functioning of public authorities and their indirect affiliates. In light of the above, the Commission directs the UGC to take necessary steps to procure the requested information from Sai Nath University and provide the same to the appellant within 30 days from the receipt of this order, under intimation o the commission. The Commission emphasizes that the UGC, being the regulatory authority, has the means and authority to ensure compliance by the university. Accordingly, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 03.12.2024 Authenticated true copy Col S S Chhikara (Retd) कनल एस एस िछकारा, ( रटायड) Dy. Registrar (उप पंजीयक) 011-26180514 Page 3 of 4 Addresses of the parties:
1. The CPIO University Grants Commission, CPIO, RTI Cell, Bahadur Shah Zafar Marg, New Delhi- 110002
2. Rashmi Kumari Sharma Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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