Central Information Commission
Mohammad Ahmad Khan vs Ministry Of Human Resource Development on 4 July, 2017
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Appeal No. CIC/SA/A/2016/000233/MP
Appellant : Shri Mohammad Ahmad Khan, Maharajganj (U.P.)
Public Authority : National Council for Teacher Education, New Delhi
Date of Hearing : June 16, 2017
Date of Decision : July 3, 2017
Present:
Appellant : Not present
Respondent : Shri Mukesh Kumar, Under Secretary - at CIC
RTI application : 22.04.2015
CPIO's reply : 12.08.2015
First appeal : 16.06.2015
FAA's Order : 24.09.2015
Second appeal : 06.01.2016
ORDER
1. Shri Mohammad Ahmad Khan, the appellant, sought copy of inquiry report submitted to NCTE, Delhi by Secretary, Higher Education Department, State of Uttar Pradesh, if any, conducted in illegal conduct of Language Teacher Eligibility Test (TET) 2013, 2014 and consequent appointment of Urdu teachers on 4280 posts based on such illegal test; whether the inquiry would be conducted by a Central Agency such as, CBI; whether or not the State Higher Education Department had sufficient evidence against such illegal appointments of teachers; etc., through five points.
2. The appellant, not having received any response/information from the Central Public Information Officer (CPIO) to his RTI application within the stipulated time period, approached the First Appellate Authority (FAA) and requested the FAA to provide the desired information/documents. In the meanwhile, the CPIO informed the appellant that the reply in the matter was awaited from the State Govt. concerned and the NCTE had issued a reminder in the matter requesting the State Govt. to furnish a reply directly to the appellant. In another letter dated 27.08.2015, to the CPIO, the appellant expressed his dissatisfaction towards the CPIO's response dated 15.07.2015, to his RTI application. The FAA directed the CPIO to provide the requested information/documents including the inquiry report in question to the appellant within 7 days of the FAA's order. Subsequently, the CPIO on 05.10.2015, upon receipt of the FAA's order sent another reminder to the Secretary, Higher Education Department, State of Uttar Pradesh, for providing the inquiry report to the appellant within 15 days of the reminder and closed the complaint at NCTE's level. Aggrieved, the appellant came in appeal before the Commission and requested the Commission to direct the CPIO to provide the desired information/documents to the appellant, in public interest and to recommend necessary action against the CPIO.
3. The matter was heard by the Commission. The appellant was not present at the time of hearing despite the notice for hearing having been duly sent to him. The appellant had sought action taken by NCTE, New Delhi on "illegal" conduct of Language Teacher Eligibility Test (TET) 2013, 2014 and consequent appointment of Urdu teachers on 4280 posts based on such illegal test, based on an inquiry conducted by Secretary, Higher Education Department, State of Uttar Pradesh but, approached the Commission stating that he did not receive the desired information from the CPIO.
4. The respondent stated that the role of NCTE was to formulate guidelines for conduct of such tests/selection. The mater however, pertained to the State Govt. of Uttar Pradesh as the appellant sought the copy of inquiry report conducted by the Secretary, Higher Education Department, State of Uttar Pradesh. The appellant should therefore, pursue the matter before U.P. State Information Commission. However, the CPIO, vide letter dated 10.02.2015, issued a reminder to the Secretary, Higher Education Department, State of Uttar Pradesh, that there had been a violation of TET guidelines issued by NCTE and to take necessary action in the matter and requested to submit the inquiry report to NCTE, New Delhi. The said reminder was also copied to the appellant for his information.
5. On hearing the respondent and perusing the available records, the Commission observes that the appellant has been provided the available information, as per the records, by the CPIO and a public authority is supposed to furnish only the information available with it and held by it or under its control, to the information seeker under the RTI Act, 2005. The Commission, however, recommends the CPIO to follow up the matter in question with the State Govt., in view of the public interest involved. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy Dy Registrar Copy to:
The Central Public Information Officer The First Appellate Authority National Council for Teacher Education, National Council for Teacher Education, Under Secretary, Deputy Secretary, RTI Division, Hans Bhawan, Wing II, Hans Bhawan, Wing II, 1, 1, Bahadur Shah Zafar Marg, Bahadur Shah Zafar Marg, New Delhi - 110 002 New Delhi - 110 002 Shri Mohammad Ahmad Khan, S/o Sh. Kalimuddin Khan, R/o Bagaha, Post - Nautanawa, District - Maharajganj, Uttar Pradesh - 273 164