Central Information Commission
Mr.Aysha Haleema Kandoth vs Ut Of Pondicherry on 22 March, 2013
Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
No.CIC/SS/A/2011/001429
March 22, 2012
Name of Appellant : A.H. Kandoth, Kozhikode
Name of Respondent : Home Department [FF], Puducherry.
Date of hearing : 27.2.2013
ORDER
The appellant has filed the present appeal before the Commission dated 8.7.2011 against the Home Department, Puducherry, for not providing complete information to her RTI application dated 9.2.2011. The matter came up for hearing before the Commission where the appellant was represented by her father while the respondent was represented by the PIO.
2. The appellant through her RTI application dated 9.2.2011 addressed to the Chief Minister, Puducherry, sought information regarding action taken on her petition dated 18.7.2009 and received on 27.9.09. The respondent during hearing submitted that the office of Chief Minister forwards the RTI application to the concerned Department for replying to the appellant. The PIO vide letter dated 12.1.2011 replied to the appellant that his application dated 17.8.09m said to have been sent to the office of the CM could not be traced out. However, the appellant was informed that the UT of Puducherry is implementing 4% horizontal reservation in all government institutions for children and grand children of freedom fighters with effect from 31.7.97.
3. The appellant filed appeal before the first appellate authority (FAA) enclosing copy of the application dated 17.8.09 in which the appellant had requested to permit her to avail reservation of 4% guaranteed for the grand children of the freedom fighters in professional colleges in Pondicherry. The appellant stated in his appeal that that CENTAC (centralized admission committee for professional courses) refused to admit the appellant under the above stated reservation even though the appellant had qualified for the same. The FAA/Joint Secretary to Government, Home Department, had vide order dated 29.4.2011 directed the CPIO, Freedom Fighters Cell, to forward the copy of the appeal to the CPIO, CENTAC Pondicherry Engineering College for furnishing information within seven days of receipt of his order.
4. In compliance of the directions of the order of the FAA, the Convener, CENTAC, Pondicherry Engineering College, vide his letter dated 1.6.11 informed the appellant that since the candidate is not a resident of Pondicherry, her application was rejected and, therefore, no question of horizontal reservation of freedom fighter arises in her case.
5. In so far as the RTI Act is concerned, the appellant has been provided with all the requisite information. In case the appellant has a grievance, he may, if he so desires, take up his grievance before the concerned competent authority.
(Sushma Singh) Information Commissioner Authenticated true copy:
( D.C. Singh ) Deputy Registrar To:
1. Superintendent (Passport) & Public Information Officer Chief Secretariat (Home) Freedom Fighters Cell Puducherry.
2. Joint Secretary (Home) & Appellate Authority Freedom Fighters Cell Chief Secretariat Puducherry.
3. Ms. Aysha Haleema Kandoth No.1/4552B, Bilathikulam Kozhikode, Kerala 673006